ATF Discovers a New Meaning of ‘Automatic’ to Regulate Bump-Stocks

by Gary B. Wells,

Bump Fire Slidefire Gun Stocks Under ATF Review
ATF Discovers a New Meaning of ‘Automatic' to Regulate Bump-Stocks

USA – -(Ammoland.com)- Ex President Obama is likely smiling. All we needed to get more gun control was to elect more Republicans. Without the promised concealed carry reciprocity, we now we have the Fix NICS (National Instant Criminal Background Check System) law that accomplishes little more than aggravating the problems already part of the NICS and at a significant expense. (Paying people to add rocks to a cart with a broken axle doesn’t fix anything.)

The Standard for Infringement is Not Automatic Fire

Now Republicans reaffirm that the Second Amendment can be infringed upon whenever the weapon approximates automatic fire. Anyone understanding and intending to uphold the purpose of the Second Amendment’s protection against a tyrannical government would also understand that the rifles used by the government’s military for more than fifty years must not be prohibited from the people.

Either there is no longer any such understanding, or the politicians do understand, but fear this purpose and want to neuter it.

Progressive Legislation from the Executive Branch Continues

Regardless of the Constitutional infringement, the ATF’s notice of proposed rulemaking to classify bump-fire stocks as machineguns is outside the clear provisions of statutory law and involve forcing a square peg in a round hole. These efforts require the ATF to bypass legislation, re-write history, re-define terms beyond any reasonable definition, endlessly repeat false statements, make inconsistent arguments, and then illogically jump from the new erroneous definitions to derive the desired and forgone conclusion they were directed to reach.

If You Can’t Win the Argument, Change the Terms

Statutes specifically define a “machine gun” as a weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. Importantly, the definition is solely focused on the function of the trigger.

Rather than relying on Congress to change what is regulated, the ATF has taken upon itself “to reconsider and change” its interpretation of “automatic” and “machinegun” to regulate something never intended to be regulated under the language of the statute. In other words, the ATF’s implies that the reason bump-fire stocks are not regulated as machineguns is not because Congress didn’t intend to regulate them as such, but because the ATF previously “classified” them incorrectly. It is now correcting this error.

The ATF argues that the reclassification is necessary because its previous decisions on the legality of bump-fire stocks “did not include extensive legal analysis relating to the definition of ‘machineguns.’” Rather than allowing the facts to support its conclusion, the ATF now makes ridiculous “legal arguments” to support its forgone conclusion that bump-fire stocks are machineguns. (After all, gun control has never really been about the facts.) To justify its new conclusion, the ATF is required to ignore its previous rulings that were based on a correct factual analysis and now create new legal definitions. These new definitions ignore reality and create self-firing firearms. (We know how guns have a will of their own.)

Get Around the Facts By Making It Sound Complicated

The ATF’s June 7, 2010, letter regarding the “bump-stock” correctly explained, “The stock has no automatically functioning mechanical parts or springs and performs no automatic mechanical function when installed. In order to use the installed device, the shooter must apply constant forward pressure with the non-shooting hand and constant rearward pressure with the shooting hand.”

The ATF’s new arguments in support of their proposed rule changes briefly mention these physical requirements. However, the ATF now asserts that these bump-fire stocks “harness[] the energy from the firearm’s recoil” not only “through a mechanism like an internal spring” [which bump-fire stocks do not have], but also “in conjunction with the shooter's maintenance of pressure (typically constant forward pressure with the nontrigger hand on the barrel-shroud or fore-grip of the rifle, and constant rearward pressure on the device's extension ledge with the shooter's trigger finger).” Once recognizing these inconvenient facts, the ATF quickly ignores them in re-defining the term “automatic.” Instead, the ATF removes any actions required by the shooter and asserts that these bump-fire stocks “harness the recoil energy of the firearm, providing the primary impetus for automatic fire.”

Once the first shot is fired, it is apparent that these stocks “harness” this energy to fire the weapon all by themselves.

Of course, this conclusion is erroneous. When the firearm is fired, the recoil will cause the lower receiver to pull back into the sliding stock, releasing and resetting the trigger. The trigger is completely released and must be pulled back again to fire another shot. Thus, there is only a single “function” or “pull” of the trigger for each shot fired. If the shooter does not push the barrel forward, the firearm will not fire again. This contrasts sharply with real machineguns where the shooter pulls back the trigger one time and holds it back to obtain “automatic” fire.

Ignore the Contrary Facts to Obtain the Directed Conclusion

The ATF argues that bump-fire stocks “harnesses the recoil energy to slide the firearm back and forth so that the trigger automatically reengages by ‘bumping’ the shooter’s stationary trigger finger without additional physical manipulation of the trigger by the shooter. The bump-stock-type device functions as a self-acting and self-regulating force that channels the firearm’s recoil energy in a continuous back-and-forth cycle that allows the shooter to attain continuous firing after a single pull of the trigger so long as the trigger finger remains stationary on the device’s extension ledge (as designed).” This lengthy explanation using erroneous phrases such as “harnessed energy,” “recoil energy,” “self-acting and self regulating,” and “physical manipulation” is nonsense on several levels. It ignores the critical pushing of the barrel forward to actually fire the weapon. The fact that the shooter is required to push the barrel forward with one hand in order for the finger of the other hand to pull the trigger is a “physical manipulation” of the trigger based on specific actions taken by the shooter. The difference made by the bump stock is that the shooter is pulling the firearm into the trigger finger rather than the finger pulling back the trigger. Either way, there is only one shot fired for each pull of the trigger. The firearm is neither “self-acting” nor “self-regulating.”

Nor does this “harnessed energy” continually cycle the firearm forward and backwards. This “harnessed energy” is created as the gas from the exploding gunpowder is redirected from the barrel through the gas tube to force the bolt rearward, which also ejects the shell casing of the fired cartridge. This action only pushes the firearm backwards and releases the pressure on the trigger, causing it to reset. The buffer spring then forces the bolt to return to the forward position, locking the next cartridge into the chamber. The “harnessed energy” is then spent. Importantly, the forward movement of the bolt does not move the rifle forward or cause the trigger finger to pull the trigger back to fire that next cartridge. The trigger must still be pulled again to fire the weapon. That is only accomplished by the shooter pushing the barrel forward and is not done by any action of the firearm itself.

The ATF continues its previous “interpretation of the phrase ‘single function of the trigger’ to mean ‘single pull of the trigger’” as part of the definition of “automatic.” However, focusing on the trigger prevents the ATF from the conclusion it wants because, unlike a real automatic weapon, the trigger fires only once for each pull of the trigger. In response, the ATF expands the definition of automatic to include the pulling of the trigger “as the result of a self-acting or self-regulating mechanism that allows the firing of multiple rounds through a single pull of the trigger.” “Self” in “self-acting” and “self-regulating” refers to actions of the firearm independent of those of the shooter. The problem is that these “self-acting” or “self-regulating” mechanisms are not what causes the firearm to shoot. They only reset the trigger, requiring it to be pressed again to fire another shot. The ATF entirely ignores the push/pull actions required by the shooter. Again, the “harnessed energy” does not cause the trigger to be pulled and has nothing to do with the firing of the weapon. This is accomplished by the shooter pulling against that “harnessed energy.”

A New Automatic

Accordingly, the ATF’s new definition of “automatic,” means that once the trigger is pulled on a weapon using a bump-fire stock, the firearm will continue to fire until the firearm malfunctions or the magazine is depleted. Nothing is required of the shooter and, impliedly, the firing will not stop until the firearm malfunctions or the magazine is depleted. After all, the trigger will continue to be pressed by this harnessed energy independent of any actions of the shooter.

Of course, this is not reality. The shooter must maintain a finger over the trigger, apply forward pressure on the barrel, and apply rearward pressure against the shoulder in order to make the process work. There is no continuous back-and-forth cycling by this magical “harnessed energy,” only a backwards motion.

An important distinguishing feature from real automatic firearms is that those weapons can be fired with one hand. A bump stock cannot. Neither the initial firing of the trigger, nor any follow-up shots, can be made without that forward pressure on the barrel. If the bump-fire stocks caused the weapon to fire automatically without any further manipulation of the trigger, they would fire using only one hand. The ATF supports is “self-acting” definition by arguing that “the trigger finger remains stationary on the device’s ledge,” but ignores the forward/rearward pressure requirement for the firearm to shoot.

When the Facts Don’t Help the New Legal Definition, Force the Definition

Trump to Ban Bump Stocks
Trump to Ban Bump Stocks

Impliedly the ATF recognizes the shortcomings of its analysis. If there was a connection between its revised definition of “automatic” and bump-fire stocks, its proposed revisions to the regulations would need to address only that definition to clarify what constitutes a machinegun.

The regulation could simply explain, “the term ‘automatically’ . . . means functioning as the result of a self-acting or self-regulating mechanism that allows the firing of multiple rounds through a single function of the trigger; and ‘single function of the trigger’ means a single pull of the trigger.” However, as explained above, this definition is still insufficient to regulate bump-fire stocks as machineguns because the firearm does not continue to fire based on the energy of the previous shot and is not “self-acting” or “self regulating.”

Accordingly, the ATF specifically defines “machineguns” to include bump-fire stocks: “The term ‘machinegun’ 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.”

Conclusion

Unfortunately, even under this administration, the executive branch continues to legislate through administrative regulations, including the prohibition of firearm parts. Nothing is more indicative of a tyrannical government than bans, particularly when those bans directly affect one of the Bill of Rights. The Second Amendment is the foundation of the remaining rights.


Gary B. Wells, Firearms AttorneyAbout Gary B. Wells

Gary B. Wells is the author of the two volumes on “Firearm Laws for Businesses and Their Customers.” Volume 1 explains federal firearm laws and Volume 2 explains Texas firearm laws. Gary provides a wide range of legal services for businesses and individuals, with a focus on firearms laws. He works with businesses to get them started and to help them with ongoing legal concerns, including regulatory compliance, reporting, and liability concerns. He also works with individuals regarding their estate planning (particularly those having particular needs because they own firearms ) and directly-related firearm issues (including transfers, rights and possession problems, appeals). He works with his clients to take a proactive approach to ensure they are compliance with federal and state laws.

More information about Gary's books and servcies can be found at his website: www.firearmslaw.attorney.

Contact Info:
Gary B. Wells, Attorney at Law
9350 Hilltop Rd.
Argyle, TX 76226
(559)517-7446
[email protected]
www.firearmslaw.attorney

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TIM
TIM
2 years ago

SO WITH ALL THIS TALK WHAT DO WE DO WITH OUR SLIDE FIRE STOCKS???????????? WE ARE LAW ABIDING CITIZENS AND CRIMINALS WILL LAUGH. BUT WE WILL GO TO PRISON BECAUSE THE CORRUPT DOJ WILL GET ALL SALES POINTS AND TAKE ALL SALES DATA AND TRACK US DOWN. SO. (THAT IS AFTER CONGRESS FOLLOWS GTRUMPS LEAD AND BANS THEM BY LEGISLATION).BUY MORE STOCKS IN THE THREE DAYS LEFT FOR SLIDEFIRE.COM TO EXIST TO MELT OUR “MACHINE GUNS” IN A BLAZING FIRE AND KEEP THE SALES RECEIPT TO PROVE TO ATF WE ARE NOT KILLERS ANYMORE. OH WE NEED A VIDEO TO… Read more »

Michael
Michael
2 years ago

It will be a cold day in hell before I would give up mine even if the did compensate me for the cost. What’s next my refrigerator because they don’t like the color?

Butch
Butch
2 years ago

after a friend of mine who is a F F L dealer heard a video of Vegas heard 2 different types of weapons going off . that bump stop is a pray & spray like the thugs do & hope they hit something. the bump stop would take a lot of practice just to be acturate

Roy D.
Roy D.
2 years ago

And yet, there is a video on youtube showing a guy firing an AR15 and also an Ak in the manner used with a bumpfire stock with nothing but his own body. Once again the Govt has shown that it is no friend of the Constitution. A pox on their houses.

Gary
Gary
2 years ago

By the new ATF ruling, Jerry Miculek’s right index finger is now a “MACHINE GUN”.

john jaklich
john jaklich
2 years ago

It is criminal to use any gun to commit a crime regardless of the ability to fire semi- or full auto. Why don’t they address the criminals? Criminals stick together… Do they suppose that the bump stock can make the gun have criminal intent and the shooter is compelled to do whatever the gun leads him to do. What if the gun had the sear filed down…a criminal act but, nonetheless, would then classify every gun as having the potential of being a sub gun. So, even your 1911 could shoot auto if you decided to have criminal intent and… Read more »

john
john
2 years ago

It is criminal to use any gun to commit a crime regardless of the ability to fire semi- or full auto. Why don’t they address the criminals? Criminals stick together… The bump stock can make the gun have criminal intent and the shooter is compelled to do whatever the gun leads him to do. What if the gun had the sear filed down…a criminal act but nonetheless, would classify every gun as having the potential of being a sub gun. So, even your 1911 could shoot auto if you decided to have criminal intent and disregard the law. How far… Read more »

Bob
Bob
2 years ago

So are they going to outlaw belt loops on pants when you are shooting? That was the old way to bump fire a weapon. If anything, a bumpstock is safer as you have control over the weapon unlike the old belt loop method.

Michael
Michael
2 years ago

We need to publicly demonstrate, seams like that’s all anymore understands anymore. A well structured demonstration. All this talking does absolutely nothing except make your fingers tired. Nobody reads these rants but the people that already believe as we do.

John
John
2 years ago

Will there be a court challenge if this blatant disregard of law?

Idadho
Idadho
2 years ago

[maintain constant rearward pressure on the device’s extension ledge with the shooter’s trigger finger]
What if the extension ledge is removed? Could the shooter maintain enough finger position to make the slide fire stock work?

MattGinOK
MattGinOK
2 years ago

ACA ‘tax’. Now this. Remember the folks that define and make the laws are all attempting to get re-elected. In all this crap, I never see what ‘the people’ want.

Marty
Marty
2 years ago

When I am presented with a threat I will automatically draw my weapon. Am I next???? Will I become just another cutesy turn of a phrase to infringe on my rights and appease the liberal socialists?

Jim Macklin
Jim Macklin
2 years ago

Back in the early 1930s the United States Attorney General testified before Congress on the proposed National Firearms Act. He told the Congress they did not have the power to ban any firearm. He did add that the scheme used to tax drugs could be used reduce the use of some kinds of guns that seemed to be used in crime. The resultant $200 NFA tax was several months wages , equal to perhaps $13,000 today adjusted forv inflation. The NFA background check is no different than a NICS check. A CCW can be issued after 30 including an FBI… Read more »

Wild Bill
Wild Bill
2 years ago
Reply to  Jim Macklin

Macklin, An excellent recitation of history. Now, the AGUS, both houses of Congress, the bureaucracy, states, counties, and city counsels just ignore the Constitution. It is so much easier to control people that way.

Patrick Sperry
Patrick Sperry
2 years ago
Reply to  Wild Bill

Nailed it!

Jim Macklin
Jim Macklin
2 years ago
Reply to  Wild Bill

A footer I add to my sig line on emails is…
The people think the Constitution protects their rights;
The government sees the Constitution as an obstacle to be overcome.

The people have to stay alert and pay more attention to state capitols and city councils than a Kardasian derrière

But that take citizenship skills and some effort.

Missouri Born
Missouri Born
2 years ago

Solve the problems with gun control vote out all democrats from office and a few of the republicans who aren’t NRA rated.

MattGinOK
MattGinOK
2 years ago
Reply to  Missouri Born

Here, here. VOTE ‘EMALL OUT!

Mike
Mike
2 years ago

To use Trumps own words “it’s a which hunt”

Ben
Ben
2 years ago

In reality automatic weapons should be legal. There is no real reason they shouldn’t be.

Randy
Randy
2 years ago

Go to regulations.gov to protest these actions

Wild Bill
Wild Bill
2 years ago
Reply to  Randy

, good info. One can tell Trump that if he allows the BATFE go create another firearms regulation, he will lose the support of his base in the up coming elections. He will lose the House of Reps. He will lose the Senate. And then the DNC will have the power to successfully impeach him. whitehouse.gov/contact.
I write the same letter every day and send it. I suppose that my house will be the first place that “they” stop.

Jim Macklin
Jim Macklin
2 years ago
Reply to  Wild Bill

And if President Trump’s base support goes away and Senator Cruz does not win the Republican nomination [ highly unlikely if President Trump still wants to the job] just who will you support?
There are no Democrats who are Second Amendment supporters, there are no communists or socialists who are 2A supporters. Not all Libertarians are 2A supporters.
There are a dozen RINOS and 3 dozen Senators with a D that need to go.
The Presidential powers were mostly removed after Water Gate and the swamp is deep and sticky.

John Dunlap
John Dunlap
2 years ago

What the ATF has essentially tried to do here is include the shooter’s body as part of the firing mechanism. By this convoluted, Mad Hatter logic, a single action revolver, when fanned, is a machine gun, since more than one shot is being fired per trigger pull. The weapon is “harnessing” energy from the shooter’s off hand to operate the action. This whole body of law, beginning with the NFA, is based on the same sort of logic in any case. The Federal government has no authority to regulate firearms of any type, beyond enforcing the citizens’ rights as recognized… Read more »

Docduracoat
Docduracoat
2 years ago

So why no grandfather clause for all of us who bought these relying on the letter from the ATF included with each stock?
President Trump has lost my support by making a gun ban a reality that President Obama’s was unable to pass

Wild Bill
Wild Bill
2 years ago
Reply to  Docduracoat

@Doc, Trump is getting a lot of bad advice. I write the pres. everyday telling him that, ” the bump stock issue is a democrat ruse to divide him from his supporters. The DNC will take the House, take the Senate, and impeach him. And that will be the end of his presidency.” Please see whitehouse.gov/contact

Lew Tripp
Lew Tripp
2 years ago
Reply to  Wild Bill

AIN’T GONNA HAPPEN!!!

Graham
Graham
2 years ago
Reply to  Docduracoat

@Docduracoat We need to quit apportioning blame, and rally together. As far as I see what happened, was the NRA leadership (Chris and Wayne) making a desperate attempt to keep the pro 2A bills running thru. The timing of Vegas couldn’t have been better for the anti 2A people. the suppressor bill (hearing protection act) died the next week. With Killary squaking “what if he had a silencer” (her words). The Vegas shooting was (IMO) full auto, it is very hard to fire a bump stock with consistency, without a lot of practice – which according to reports he didn’t… Read more »