While Trump was deleting regulations (generally), he esentially demanded that the ATF “regulate” bump stocks as machine guns after the Las Vegas shooting that killed 58 people. The problem is that an Executive Order can’t override, either by deleting or adding to, established Law.
Law, as it stands, has no mention of bump stocks (which rely on inertia and recoil to very quickly “pull” the trigger of a semi-automatic rifle to “simulate” an actual full-automatic rifle (e.g., machinegun). But Trump forced the ATF to do it anyways meaning that a seldom purchased accessory was now a deadly weapon.
It is the worst kind of Executive Order. It made up “Law” out of whole cloth and bypassed the Legislative process, right, Governor Sununu? You’ve done the same thing by overriding State Statute with your Emergency Orders. Shall we call you mini-Trump in this respect? But I digress…
Lawsuits were filed. Quickly. With the agreeable result that I am enamored (not with bump stocks but) with the proper processes being followed when elected Representatives are trying to govern:
Circuit court rules against bump stock ban
The Sixth U.S. Circuit Court of Appeals handed a victory to the Virginia Citizens Defense League and Gun Owners of America this week when it struck down an ATF ban on bump stocks. This case has been rattling around in the courts ever since the mass shooting in Las Vegas brought the question of bump stocks into public scrutiny. Judging by the wording of the ruling, however, it sounds like there may still be a way for the government to ban these specific accessories, but not the way that the ATF went about it when the ban first went into effect. Still, at least for now, the ban is on the shelf, though I’m not sure this actually qualifies as a Second Amendment issue.
This isn’t a 2A issue it’s a legal process problem that is becoming more and more of a problem with each succeeding President.
This was meant to “be seen to be doing something” rather than following the Legislative process. THIS time, I’m glad that Trump’s actions were rolled back. I’m also glad to see that our common language was restored in this case – as the Free Beacon pointed out (emphasis mine):
A federal appeals court ruled against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) bump stock ban and confiscation order on Thursday.
The Sixth U.S. Circuit Court of Appeals ruled the ATF improperly redefined bump stocks as machine guns in 2018, a move that effectively banned the devices in the aftermath of the Las Vegas shooting that killed dozens. The court ruled the ATF could not redefine the term without new legislation passed by Congress. The majority found bump stocks do not fit under the federal definition of a machine gun.
The definition of what is and what is NOT a machine gun is strictly defined in Law which comes down to one trigger pull results in multiple rounds being sent downrange.
A bump stock can’t even be “loaded with rounds/bullets,” so how could it be considered to be automatic? 2+2=5 in this case.
“We further hold that a bump stock cannot be classified as a machine gun because a bump stock does not enable a semiautomatic firearm to fire more than one shot each time the trigger is pulled,” the court said in the ruling.
A most common sense result.
And no, I don’t own one. Not really looking to get one, either. Ammo is REAL expensive right now and just simple one shot practicing for an hour is expensive enough without shooting off 30 or so in just a few seconds at the range.
(H/T: Hot Air)