Bump Stock Ban

[WISD0MTREE]

Bump stocks are now illegal as of March 26. The not so popular range toy is being reclassified by the ATF and DOJ as a "machine gun," making all bump stocks illegal Class III items. Possessing one could result in up to ten years in prison and a $250,000 fine. While bump stocks aren't important and losing them wouldn't do much for the average gun owner, the bump stock case has a few reasons why all Americans should be concerned.

As of now, the ATF and DOJ are regulating an item they have previously claimed they cannot regulate. When the bump stock issue was brought up under President Obama, the ATF noted that bump stocks do not contain any parts that make a firearm full auto and are unable to make a firearm full auto. Further, they are unable to fire themselves or be easily modified to fire when not attached to a firearm. Therefore, bump stocks cannot be regulated as a parts kit or firearm, much less a machine gun.

The ATF is changing the longstanding understanding of the Hughes Amendment. The wording of the law prohibits firearms that fire "automatically more than one shot, without manual reloading, by a single function of the trigger." Bump stocks make it easier for a shooter to pull the trigger many times in rapid succession, but one shot is still fired per trigger pull. The new interpretation effectively interprets a "function" of a trigger to be a "conscious pull." While "function" is never defined, changing the current interpretation is a dangerous precedent. For example, an anti-gun administration could consider "one shot" to mean "one projectile," banning shotguns as they are designed to fire more than one projectile per function of the trigger.

Because bump stocks are being banned by existing law, they will not be grandfathered in. This is very different from many previous bans. Clinton's assault weapon ban allowed guns to be grandfathered. California's magazine ban allowed magazines to be grandfathered until a ballot initiative banned existing magazines (which a judge recently ruled was unconstitutional; I'll probably create a post on that in the coming days). The Hughes Amendment back in 1986 allowed existing full auto firearms to be grandfathered. Hypothetically, someone who isn't following the news could be convicted of a felony and face ten years in prison because they weren't aware bump stocks are now illegal. In addition, current owners won't receive compensation for forfeiting a bump stock.

Bump stocks are worthless range toys that shouldn't matter for gun rights. I shot one and don't see the point in it. I would personally never own one. Yet, the manner in which they are being banned sets a dangerous precedent. If it stands, any future anti-gun administration could bypass Congress and ban guns they don't particularly like. For that reason and that reason alone, the bump stock ban should be fought in the courts.

Edited April 18, 2019 by WISD0MTREE