Bump Stock Ban Signed by Acting AG to Prompt Legal Challenges

The terms of surrender…

U.S.A. – -(Ammoland.com)- “Today, Acting Attorney General Matthew Whitaker announced that the Department of Justice has amended the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), clarifying that bump stocks fall within the definition of ‘machinegun’ under federal law, as such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger,” the DOJ announced in a Tuesday press release.

“[T]he Department … made the decision to make clear that the term ‘machinegun’ as used in the National Firearms Act (NFA), as amended, and Gun Control Act (GCA), as amended, includes all bump-stock-type devices that harness recoil energy to facilitate the continuous operation of a semiautomatic firearm after a single pull of the trigger,” the announcement explained, belying prior precedent rules and testimony. “Because the final rule clarifies that bump-stock-type devices are machineguns, the devices fall within the purview of the NFA and are subject to the restrictions of 18 U.S.C. 922(o). As a result, persons in possession of bump-stock-type devices must divest themselves of the devices before the effective date of the final rule.”

This is the “surrender or be destroyed” mandate:

“A current possessor may destroy the device or abandon it at the nearest ATF office, but no compensation will be provided for the device. Any method of destruction must render the device incapable of being readily restored to its intended function.”

Get caught in violation and prepare to have your life destroyed through arrest, prosecution, incarceration and a lifetime ban on owning guns. All brought to you by a “pro-gun” president taking his lead from NRA’s plea to regulate instead of legislate.

The 90-day clock ordering citizens to destroy their previously “lawful” property will start when the rule — signed by Whitaker— is published in the Federal Register, probably Friday according to some sources.

“ATF’s claim that it can rewrite Congressional law cannot pass legal muster,” Gun Owners of America declared in an alert promising the group would file a lawsuit in response. “Agencies are not free to rewrite laws under the guise of ‘interpretation’ of a statute, especially where the law’s meaning is clear.

“The new ATF regulations would arbitrarily redefine bump stocks as ‘machineguns’ — and, down the road, could implicate the right to own AR-15’s and many other lawfully owned semi-automatic firearms,” GOA's release elaborated. “ATF’s new bump stock regulation clearly violates federal law, as bump stocks do not qualify as machineguns under the federal statute.”

GOA is not the only party intent on mounting a legal challenge.

“We will be challenging the agency’s unlawful attempt at rewriting statutory law,” attorney Stephen Stamboulieh pledged. “This is bigger than bump stocks. If the courts allow this to happen then any future administration can completely bypass congress and get their way via agency fiat. It simply cannot stand.”

What happens to the rule if it turns out Whitaker never had authority to sign it?

Adding a new twist to such a challenge is Stamboulieh’s observation that Whitaker may not be legally authorized to sign the rule, first because he has not been confirmed, but also because a separate lawsuit. filed by Democrat Senators Richard Blumenthal, Sheldon Whitehouse and Mazie K. Hirono. could declare his appointment unlawful. Ironically, if the challenge from these anti-gun senators is upheld, it could conceivably invalidate everything Whitaker signs, including the “bump stock ban.”

Sadly, some gun owners are still shrugging this off as no big deal because they don’t care about such devices and it doesn‘t gore their ox. Anyone who thinks this is “just about bump stocks” is missing the point. If the administration gets away with this usurpation of undelegated power, what won’t the Democrats be able to pull the next time they take the White House, which based on “Individual 1’s” performance of late may be just an election away?

**Note: After this article was submitted for publication I received news that the Firearms Policy Conference has filed a lawsuit seeking an injunction against the ban. **

UPDATE: Four days after this was posted, The Washington Post raised similar concerns.

As a matter of necessary disclosure, I have written about or joined with attorney Stephen Stamboulieh in other ventures included in this link.


About David Codrea:David Codrea

David Codrea is the winner of multiple journalist awards for investigating / defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament.
He blogs at “The War on Guns: Notes from the Resistance,” and posts on Twitter: @dcodrea and Facebook.

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    SteveRoy D.Douglas KuykendallLouisianaJoeNottinghill Recent comment authors
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    Steve
    Guest
    Steve

    OK, not to argue the law either way, but if the law stands and I have to divest myself of this SSAK-47-HYB AKM stock, the BTA’s destruction methods from their web site state possible methods of destruction to include completely melting, shredding or crushing the device. The very next sentence says: : “Any method of destruction must render the device incapable of being readily restored to function.” Since mine is the Aluminum type with the 6 position adjustable stock, would pinning & completely welding the chassis tube so it can never be used or returned to any bump or auto… Read more »

    Douglas Kuykendall
    Guest
    Douglas Kuykendall

    Weren’t the bump stocks originally meant for handicap people?

    Roy D.
    Guest
    Roy D.

    The answer is no, though that is the urban myth.

    LouisianaJoe
    Guest
    LouisianaJoe

    Search the internet. There are ways to use a piece of string or a rubber band to cause a semi-automatic weapon to fire faster. Will they now require that we turn in our rubber bands and strings?

    Big Jim
    Guest
    Big Jim

    The time has come to pay the rent, to pay our share and that’s a fact. Or a song from the 80’s 😉 Time to have a meeting of the minds somewhere. Yes i mean it.

    Nottinghill
    Guest
    Nottinghill

    We (Americans) could all start paying for everything (pink) and/or un-Constitutional in gov’t with bullets from patriots?… beginning @12:59PM Dec. 31, 2018. Just a thought, just a thought. Veterans Of America will be are needed from the: USA USN/MC USAF USCG US Reserves There has to be atleast 5-10+ more fighting able veterans/active duty serving patriots than active duty non-Constitutional/Marxists who may have joined. Military must stand down however in the beginning. The Big Cities must be taken first. Afterwards the US Military can help maintain order for trials, new elections and executions. Anything and everything commie left in America… Read more »

    Patriot
    Guest
    Patriot

    Under Wayne’s watch it appears the NRA’s business plan has evolved to stirring the issues of gun control inorder to extract funds from the mrmbership??? No more funds to the NRA for me, but I will remain a member inorder to vote to change the leadership of the organization!

    TimeHasCome
    Guest
    TimeHasCome

    Very early supporter of Mr.Trump , but no more . Now the ATF will go after 30 round mags ..

    grim reaper
    Guest
    grim reaper

    Seems they need a name change to Department of Injustice

    Richard M DeLuca
    Guest
    Richard M DeLuca

    I was a Democrat all my life till Trump. Changed my party and so did my wife. The Donald has once again caved and has now lost my vote in 2020. What about reciprocity? What about being “the greatest believer in the Second Amendment there is”? You have lost my belief in you Mr. Trump.!! Looks like We are back to square one again for 2020. Hell, lets just give the country to the lefties and Progressives and move to Canada!! HA-Haaaaaa!

    Wild Bill
    Guest
    Wild Bill

    @R.M.D. So who will we vote for Ocasio-Cortez? Hillary? Biden? Schumer?

    blockheadbiker
    Guest
    blockheadbiker

    I will vote for none of the above alexidiot cartugabugeyes NO, kanklebitchidiot NO, bidbutttheperv NO, OR shoebutthenyoookcommunist NO, I will vote for Trump again do not like this and the border wall, and not declassifying all the illegal obutt crap that he was in charge of with combbutt, lynchheridiotself, brenbuttcommieforsure, struckanidiot, pagethecommiewhore, and all the rest of the swamp slime but we have to vote if you don’t then you vote for the demoncrapcommies so we are between a rock and a hard place until it is time to UNITE!!!!!

    KLATU
    Guest
    KLATU

    I was a Democrat all my life till Trump. Changed my party and so did my wife. The Donald has once again caved and has now lost my vote in 2020. What about reciprocity? What about being “the greatest believer in the Second Amendment there is”? You have lost my belief in you Mr. Trump.!! Looks like We are back to square one again for 2020. Hell, lets just give the country to the lefties and Progressives and move to Canada!! HA-Haaaaaa!

    tomcat
    Guest
    tomcat

    I think the next thing they will ban is semi auto guns because they know they can be rapid fired without the bump stock.
    I am beginning to think that Trump rules from his head rather than from laws or the Constitution and Bill of Rights. I agree we are on a slippery slope to confiscation with this illegal action by the alphabet agency. Where is the NRA in all this, the GOA is carrying the load to stop this. That should tell you something.

    Mikey
    Guest
    Mikey

    This damn evil government is so rotten to the core, even President Trump can’t fix it – it’s too late in the ballgame – and, he’s not perfect either. I’ll give him a little slack on this particular situation though – he may be playing a set of cards or a game of chess with the DemaRats that we may not know about yet – heck, he’s the first President that actually talks with intelligent people like Michael Savage, Alex Jones, Rush Limbaugh, some Fox News hosts, and some others. President Trump definitely exposes the massive and disgusting corruption going… Read more »

    Wild Bill
    Guest
    Wild Bill

    @Tcat, Yeah, Trump is no legal scholar that is for sure. He is a businessman, and I think his touchstone is a kind of home grown concept of what is beneficial to the average working American. Trump got a lot of bad advice from people loyal to “the party” right from the start.
    You correctly identify that the agencies’ power to “make rules with the force and effect of law” in unconstitutional and harmful. That goes back to FDR. The NRA got told what for last week, and GOA got my donation.
    Merry Christmas, patriot, and a Happy New Handgun!

    Mikey
    Guest
    Mikey

    Our Founding Fathers had every right to be paranoid about “governments”, and they did their best to plug any loop holes that may be used by any future Domestic Enemies that would sneak in Offices posing as Constitutional Americans. And, as for that horrible massacre in Las Vegas, that was NOT done by a single shooter with a Bump Stock device (Where are all the actual stories about that horrible day? Where is the actual facts about that massacre? It’s like it just vanished from the news medias – they don’t talk about any details anymore.) That was a disgusting… Read more »

    james
    Guest
    james

    Trump is not stupid and Wayne at NRA is not either.
    This ban will fail by design once in the courts.

    The DOJ is using ‘the back door’ to change a law that only Congress can do.
    There is no auto sear in any semi automatic firearms.

    You have a schematic of a full auto AR and a semi auto AR side by side, you don’t have to be a mechanical engineer to see there are parts missing from the semi auto rifle.

    lawman
    Guest
    lawman

    Ammoland, Where are my posts

    DAN III
    Guest
    DAN III

    Lawman,

    The mechanics of the Ammoland comments section is a major disaster. Your comments are there….somewhere. They’ll pop up (maybe) if you reboot the Ammoland web page. Or maybe they’ll be there if you completely close out the Ammoland site. Then log back in 2-3 days later. You should see your remarks (maybe).

    Whole I appreciate the various stories posted on Ammoland, their comments section is in dire need of modernization.

    Good luck.

    blockheadbiker
    Guest
    blockheadbiker

    If you signed up to receive posts via your email when you receive them click on the next to the last link that ends with #comments most comments will be there. Don’t know why I sent this because if users don’t know to click on the next to the last link they will not be able to read this DUH!!

    Roy D.
    Guest
    Roy D.

    While I don’t own a bumpstock I am considering having a T-shirt made with the logo: “You want my bumpstock, come and take it!” Unless someone knows where I can buy one that’s already made.

    m.
    Guest
    m.

    don’t have one & may never but f your ban, d-suckers. none of your f**king business

    Lawman
    Guest
    Lawman

    Trump is a Democrat, always has been. The only way he could win was to say he is a Republician. TRAITOR, LIAR, You just lost my vote mr. Trump…..You people on ammoland had better post this. I am tired of you not posting my comments.

    Tionico
    Guest
    Tionico

    grow up and stop your whinge….. it takes time for the posts to work through the system, NO ONE ois picking on you. And WHO are YOU to demand Ammoland do anything just cause YOU want them to? DIdjya buy their website er sumpin?
    Why not be glad they’re HERE?

    Mikey
    Guest
    Mikey

    Does this stupid and dangerous rule also ban the Franklin Binary trigger device? This modified trigger device is nice, much better than the Bump Stock devices.

    blockheadbiker
    Guest
    blockheadbiker

    The binary trigger is next and so are all the accessories for the AR-15 and any other SEMI AUTOMATIC fire arm until all parts are banned and that will end the SEMI AUTOMATIC FIRE ARMS IN THIS COUNTRY AND THEN THEY WILL GO AFTER WH REVOLVERS AND SINGLE SHOTS AND PUMPS AND LEVER ACTIONS UNTIL THERE IS NOTHING LEFT!! This is not about banning bump stocks this is about BANNING ALL FIRE ARMS IN THE U.S.!! There was a comment about the courts will stop this DON’T HOLD YOUR BREATH UNLESS YOU ARE READY TO LEAVE THIS EARTH WHAT DID… Read more »

    Mikey
    Guest
    Mikey

    Sad, how this government has stooped so, so low into the mucky stink’n swamp of evil and corruption. Only another Second Revolution will fix this damn mess. Our Founding Fathers warned us of this horrible situation – but, you have to dig around to find this buried information, because they don’t teach that in most schools here in America.

    Ronald Cowart II
    Guest
    Ronald Cowart II

    I agree! Check out article H.R. 7115 that the lefties are trying to pass. If they get away with it, we’re screwed!! No more lower receivers, or parts kits for that matter. They will even be unobtainable for licensed gunsmiths! Get ready patriots! The ish is about to hit the fan!!

    blockheadbiker
    Guest
    blockheadbiker

    I voted for President Trump, I am also an Endowment Life member of the nra but both Trump and the nra are wrong wrong wrong on this move! I don’t care a DAMN about bump stocks they are a novelty item to me, but you let the feds dictate law changes as bad as these and you are opening a can of worms EVIL WORMS!! As previous people have stated it is an ex post facto ruling which is UNCONSTITUTIONAL, YOU REAP WHAT YOU SOW!! What Ben Frankling said is the God’s honest TRUTH “THEY WHO CAN GIVE UP ESSENTIAL… Read more »

    CH
    Guest
    CH

    As an senior American, Life NRA member & life long Republican I will act accordingly, I stopped funding the NRA when they offered up these stocks and now that a Republican Administration has imposed a rule against the stocks as well I will no longer be providing any funds to this Party or any of their Pacs as my extra funds will now be directed to those groups legally challenging these anti American rules!

    goat
    Guest
    goat

    Making anybody surrender or destroy is not only a violation of ex post facto, but as well a taking without compensation, on top of everything else. Not that that any of it unusual in the Neo-USSA.

    Jack Mac
    Guest
    Jack Mac

    I doubt lawmakers have ever had ex post facto explained to them.

    Bill
    Guest
    Bill

    Let’s pray for Justice in the courts and that they choose the best court for an early ruling, not depending on the Supreme Court to overturn a lower court.

    Leadbellywolf
    Guest
    Leadbellywolf

    Ghe new bump stock ban just showed a wide open door for future firearm regulation. It essentially makes additions (changes) to the 1934 LAW. That’s right, it changes the bounds of an 80 yr old law without Congressional approval. Let that sink in a while. So much for the Constitution when we have alphabet agencies actively rewriting existing laws with no Congressional approval. I have no need for a bump stock and don’t own one, to me they’re little more than a novelty, but you need to read the new regulation. A semiautomatic device has now been labeled as a… Read more »

    Sgt. Charles Treadway
    Guest
    Sgt. Charles Treadway

    This can be very Easley Nullified under the 10th Amendment and Article V of the Constitution.
    As the Constitution does NOT delegate such authority to the Federal Government.

    The “Bill of Rights”, was and is NOT a suggestion to the Government, they are in fact, LAWS that “Shall NOT infringe” upon.

    Matt in Oklahoma
    Guest
    Matt in Oklahoma

    The suit is nothing more than a nice gesture but won’t change anything. Y’all just remember who did it and who supported it. That man and that organization gotta go for selling out.

    Sgt Duck
    Guest
    Sgt Duck

    This is the type of laws that don’t do anything to enforce control of firearms. Look people you can have auto fire from an semi auto rifle without a slide fire or bump fire stock. This is not something new ,it has gone on for years. The libs need to git over it .the american people are not giving our guns up with out a fight.

    GregTorchia
    Guest
    GregTorchia

    Everybody and their grandma knows bump stocks are a joke and they tear up a good weapon /but I’ll defend your right to own one ,till my cold dead hands fall off -1776

    TS the Deplorable
    Guest
    TS the Deplorable

    This really saddens me, not primarily because bump stocks are banned (they are just toys, gimmicks, for having fun when blasting away with friends), but because in order to attempt to placate the left the President has agreed to ignore the plain meaning of the NFA which defines what a machine gun is. By the reasoning used to administratively outlaw bumpstocks, belt loops must be banned as “machine guns” because you can use your belt loop to get a semi-automatic rifle to fire like they do with bump stocks (here’s one of many youtube videos demonstrating it: https://www.youtube.com/watch?v=d-SnqKOXqbM) There’s a… Read more »

    Mr Wolf
    Guest
    Mr Wolf

    The new bump stock ban just showed a wide open door for future firearm regulation. It essentially makes additions (changes) to the 1934 LAW. That’s right, it changes the bounds of an 80 yr old law without Congressional approval. Let that sink in a while. So much for the Constitution when we have alphabet agencies actively rewriting existing laws with no Congressional approval. I have no need for a bump stock and don’t own one, to me they’re little more than a novelty, but a semiautomatic device has now been labeled as a machine gun. It’s a very greasy slope… Read more »

    Wilhelm Flatz
    Guest
    Wilhelm Flatz

    Of course, if the American people were to resist by force of arms, that would rock the DC establishment to the core and FORCE a rethinking of policy. Regrettably too many people assume that lawsuits, court orders, an other legalistic maneuverings will prevail, thereby absolving the people of the responsibility of doing what must be done… and what must be done is to execute these traitors to the Constitution before they can effect more damage to our sacred civil documents!! BUT… “some gun owners are still shrugging this off as no big deal because they don’t care about such devices… Read more »

    Wilhelm Flatz
    Guest
    Wilhelm Flatz

    There is NO single pull of the trigger with the use of a “bump stock” device, as explained in previous BATF determinations. The use of a ‘bump stock’ delivers a double action of the trigger with each actuation every time a round is fired, statutorily, therefore bump stocks do NOT constitute a “machine gun” AS DEFINED BY LAW. THE LAWSUITS WILL BE FILED AND SCOTUS WILL RULE!! Now we will see if “conservative justices” are who they are purported to be, or if they are STATISTS who seek to expand federal power at every opportunity. Nonetheless, BE PREPARED TO RESIST!… Read more »

    Nottinghill
    Guest
    Nottinghill

    Somebody PLEASE!!!… pull the NRA/Trump’s knife outta my back. <<<(Scorpion back biters)
    A picture perfect prime example of when so-called intelligent people established the dumbest of ideas.

    Brian Allen
    Guest
    Brian Allen

    Bump stocks first…. what’s next ? Here in Canada, we have had handgun registration for over 70 years, with increasingly tighter restrictions on use, transport, and storage. NOW the Liberal ( Democratic ) Government of Justin Turdhole has proposed legislation to BAN all handguns! Keep in mind that all lawful Canadian firearms owners (including long guns ) hold federal permits to own, use, and transport arms AND ammunition. We are completely vetted by a system that preaches safety, but uses any criminal gun violence as a reason to pass more legislation because ” the laws we have aren’t working !”… Read more »

    Tom
    Guest
    Tom

    The 2nd. Amendment doesn’t mean much when the Gov’t keeps infringing on it, for our own good of course! cough cough! If they actually supported the US Constitution there would not be ANY gun control laws because they all infringe in one way or another and that is against the Constitution. The 2nd. Amendment has nothing to do with hunting or sporting purposes. That is what they always fall back on when trying to screw the gun owners or they are trying to get elected, and claim they will not mess with the sportsmans rights, like that is what the… Read more »

    Udo Walter
    Guest
    Udo Walter

    Soon they will ban your trigger finger, mark my words.