While I disagree with this ban...no one should be killing anyone over it. My lord....it's a friggin bump stock.
I believe it will struck down as well simply because the wording is defective. "The final rule clarifies that the definition of “machinegun” in the Gun Control Act (GCA) and National Firearms Act (NFA) includes bump-stock-type devices, i.e., devices that allow a semiautomatic firearm to shoot more than one shot with a single pull of the trigger by harnessing the recoil energy of the semiautomatic firearm to which it is affixed so that the trigger resets and continues firing without additional physical manipulation of the trigger by the shooter." In reality the shooters finger is actually pulling the trigger for each shot fired which is semi-automatic operation, not fully automatic operation, the shooter just isn't having to move his finger, as the firearm by recoil is moving against the shooters trigger finger. The firearm is still a semi-auto under NFA what BATF did was mis-describe it's operation.
if some gun owner shoots and kills a cop trying to arrest him for illegally owning a bump stock, that gun owner should fry
It also goes against the Fifth as the government cannot take private property for public use without just compensation and requiring people to turn bump stocks over to the BATF converts those devices from private use to public use, even if BATF doesn't use them because a transfer from private to public has occurred.
Not if the government is violating the law by taking someone's private property without compensation, that called theft.
not if the property is illegal. govt. has every right to confiscate and keep illegal property, without compensating the owner
But it was legal when it was purchased. Properly speaking, the government has to give a chance for legal ownership, like they did when they restricted machine guns in the 1930s.
at one time, possessing cocaine was legal. doesn't mean government should compensate you if they confiscate it
Such regulations were implemented long before any such firearms actually entered private circulation to any significant degree, meaning there were next to none in existence that could not be readily accounted for. With devices such as bump stocks, however, such is not the case. There are countless thousands, if not hundreds of thousands, that are presently in private circulation, and it is impossible to either locate them, or identify those who presently own them. Therefore the response on the part of yourself fails to answer the question as presented.
Only if the property was illegal to begin with, otherwise in most cases a conversion to the government must be compensated.
The bump stock holds the trigger finger in place as the gun recoils; constant forward pressure in the forend/grip brings the trigger forward to meet the finger, which then acts on the trigger. The constant forward pressure, supplied by the shooter, not the recoil of the gun, causes the finger to pull the trigger. Thus, not full-auto as define by the NFA34.
So you are ok with the government taking your once legal property, which you paid for, and not compensating you for it? Lets say they want to build a new highway and your home is in the way, should they be able to condemn your property, making it not legal to occupy and not have to pay you a dime for it?
Exactly and this is one of the major fails of this redefinition of what constitutes a full-auto firearm. I see this getting tossed out in court and the ball gets kicked over to Congress, which is probably what BATF wants.
One is capable of discharging a semi-automatic firearm in an equally-rapid fashion even without such a device.
The ATF cannot actually force prosecutors to bring charges against individuals, all they can do is file a recommendation. It is the prosecutor who decides which cases have sufficient evidence to possible achieve a conviction.
Has the united state supreme court demonstrated a belief that government agencies are free to rewrite existing legislation without the need of congress?
The fact Stephen Paddock had to switch between numerous firearms, changing locations within the hotel room, and continually reloading various firearms, demonstrates he was not engaged in continuous and uninterrupted firing for the entire ten minutes. Do try to keep up.
That’s debatable. The stats on the dead and wounded are not. There were only 58 fatalities. His results could easily be duplicated without a bump stock and likely could have been surpassed using other methods. Anyway it’s all irrelevant as we don’t outlaw things just because they are used in crimes. We certainly don’t violate the constitution to do so.
He was also shooting at targets other that the festival, one of his targets was a farm of above ground fuel storage tanks at a nearby airport one of which he hit causing it to leak JP1, and the airport was shut down over concerns that he might take shots at aircraft landing and taking off.
