Stay for Bump Stock Plaintiffs Dissolves Wednesday

Turn 'em all in, Mr. and Mrs. America. Or else.

U.S.A. – -(Ammoland.com)- “[B]ased on the government’s representation that it will not enforce the Bump-Stock Rule against the named plaintiffs or their bona fide members before 5:00 p.m. on Wednesday, April 10, 2019, the emergency joint motion be denied and the administrative stay entered on March 23, 2019, and clarified on March 25, 2019, be dissolved,” the United States Court of Appeals for the District of Columbia Circuit ordered Friday. If plaintiffs do not surrender or destroy their property by that time, they will be considered felons and subject to life-destroying fines, imprisonment and being designated “prohibited persons,” forbidden by law to ever own a gun again.

Not a bad feather in the cap for “the most enthusiastic supporter of the Second Amendment to occupy the Oval Office in our lifetimes.” With his new-found love for “red flag laws” and disregard for due process, Donald Trump is shaping up to be every bit the “true champion of the Second Amendment” NRA told us Harry Reid was.

“We are in the process of requesting a stay from the D.C. Circuit and will seek en banc rehearing,” Firearms Policy Coalition announced in response to the new order. “If a person wishes to turn in their affected bumpstock device, Chief Counsel Joshua Prince of Firearms Industry Consulting Group, who is representing Firearms Policy Foundation and numerous other plaintiffs in Guedes, et al. v. ATF, et al., suggests that individuals surrender the item under protest to preserve your rights.”

NOTE: IT CANNOT BE OVEREMPHASIZED, THIS APPLIES ONLY TO THOSE WHO WERE COVERED BY THE STAY. ALL OTHERS WOULD BE INCRIMINATING THEMSELVES IF THEY TRIED TO SURRENDER A DEVICE NOW THAT THE MARCH 26 DEADLINE HAS PASSED. (And it also cannot be overemphasized that I am not a lawyer and cannot provide qualified legal advice.)

That’s the “choice” good Americans who tried to work within the system have had forced on them.  “Shall not be infringed” is archaic and irrelevant to servants who have usurped the role of masters. They know what the Second Amendment means. They also know even if “bump stocks” really were “machineguns” like the Trump administration’s Intolerable Act absurdly claims, it would be “the birthright of an American” to own them.

Unknown at this writing is how many citizens have said the hell with it, and decided to embrace the “I will not comply” decision their countrymen have made over tyrannical state edicts in places like California, Connecticut, New York…

Also unknown is how much effort will be made to enforce the ban. Some are of the opinion that most enforcement will be an add-on resulting from searches where authorities have entered residences investigating other charges. Others may result from snitches. Then again, there are no guarantees.

In breaking news, RW Arms has filed suit against the government claiming $20 million in losses after destroying 73,000 of the devices to comply with the ban. Whether that decision was hasty or calculated remains to be seen.

“The ATF said … they won’t destroy any surrendered bump stocks until all applicable litigation over the matter has been adjudicated,” The Washington Times reported in a story centered on inventor Bill Akins surrendering 63 of his devices.  Readers of this column may recall my ownership of an Akins device is how I became a plaintiff against the rule.

That makes fair the question of what I will do, and the fair answer is, admitting whether or not I have retained possession of my “machinegun” is not for public disclosure. While defying the ban would be in keeping with past actions, and while I am reasonably certain if I did still have the stock I could evade detection indefinitely, it would be useless to me. Plus, there is a certain attraction to staying with the case to the end while even a slim chance for ultimate victory remains.

Perhaps those following the lawyers’ suggestion to relinquish their property under protest will come to enjoy an experience heretofore unknown in the struggle to defend the right of the people to keep and bear arms: Forcing the Bureau of Alcohol, Tobacco, Firearms and Explosives to surrender the property to them.

Yeah, I know: Keep dreaming.

But somebody has to, and in this case, we know who is right. At the very least it may be useful to show gun owners once and for all where they stand and what more they can expect once all means of peaceful redress have been exhausted and denied. At least the gun owners who aren’t in permanent 3D chess denial…


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,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

  • 27 thoughts on “Stay for Bump Stock Plaintiffs Dissolves Wednesday

    1. Ive said it over and over again, Regulate means adjust to a particular standard, rate, amount, degree, etc…the bill of rights protects us from government, theres no reason to believe the second gave government any authority over my ownership of firearms..the word (people) is in 4 amendments, keep and bear arms does not specify any particular firearm, and, shall not be infringed is spelled out..and further-more, its time the 1792 militia act was updated!!

    2. This is patently absurd – why should bump-stocks (poor full auto) be regulated *more* strictly than actual real full-autos which remain legal? All they had to do was put bump stocks into the NFA just like machine guns, either with or without a moratorium.

      1. Contrary to politicians and media comments, yes you are correct, machine guns are legal to possess – as long as one gets a tax stamp costing $200 – and of course this style firearm cost low end $8 to $10k, highend up to $25k. Why the ban as opposed to categorizing under NFA, the bump stock (cost around $200) may be installed on a $500 semi auto and whammy – so even if placed under NFA, $900 invested, including the tax stamp. Some say up to half a million bump stocks have been “legally” (or so they thought) purchased – how many tax stamps issued for full autos? The distinction probably telling.

        What about the tac con trigger, or the binary trigger, are those next?

        And of course the million dollar question, why would anyone rely upon anything the ATF says? The citizenry pay the bills and demand to be able to rely upon what these agencies provide for guidance prior to engage in legal commerce – to change this guidance and make it illegal retroactively is patently absurd (borrowing your phrase).

    3. How many Patriots (ex and current military/national guardsmen, private gun owners and sympathizers) will it take to overwhelm the oppressors in deepstate government. Now you know why Homeland security bought the billions of rounds of ammunition. Fortunately we also have billions of rounds too.

    4. Hmmm, Have wonder if they can foresee a rash of boating accidents where bump stocks are lost? Actually unless the bump stock was registered, how would they know if someone has one? Overheard two fellow shooters at the LGR say they would cut their bump stocks up and toss it in the recycle bin next to their banned magazines;-)

    5. “Donald Trump is shaping up to be every bit the “true champion of the Second Amendment” NRA told us Harry Reid was”. I voted for DT knowing full well that he had been a liberal most of, if not all of, his life. I voted for him, not because I thought he would be a conservative champion, but for one reason, he wasn’t Hillary Clinton. So, I’m not surprised by his anti 2A stances since, I ‘d be willing to bet, he has no understanding of the original intent.
      The original intent of the 2nd Amendment was never to provide hunters the right to hunt or shooters the right to go to the range. The original intent was to allow you and I the ability to keep people with tyranny in their hearts in check. Hence Thomas Jefferson stated, “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”
      If history is any indication we are heading into a period of turmoil and chaos. As an amateur student of history, I’d say we all better be prepared for the worst and work towards the best. Why? The average lifespan of any Nation is roughly 200 years. The USA has already surpassed that historical point and we can see and feel the hellish plans of those who would continue the “fundamental transformation of the greatest Nation on earth”.
      Minute Men were supposed to keep their weapons with them at all times and be ready to go into action at a moments notice. We today need to be modern day Minuteman ready to serve and protect our communities. We can serve and protect in a variety of ways, regardless of how you decide to do it just be prepared and be ready. It gets bumpier from here, but there is always hope…..

      “A Psalm of David. Blessed be the LORD my Rock, Who trains my hands for war, And my fingers for battle— My lovingkindness and my fortress, My high tower and my deliverer, My shield and the One in whom I take refuge, Who subdues my people under me.” Psalms 144:1-2

      1. Go a few chapters further and you will find the meaning and purpose of the Second Amendment spelled out very clearly; Psalms 149:5-9 KJV. (BTW, the “two-edged sword” was the “assault weapon” of the day.)

    6. Like Pittsburgh , this is all ” Official Oppression ” , they all need to be charged and made examples of.

      2014 Pennsylvania Consolidated Statutes Title 18 – CRIMES AND OFFENSES
      Chapter 53 – Abuse of Office
      Section 5301 – Official oppression
      Universal Citation: 18 PA Cons Stat § 5301 (2014)§ 5301. Official oppression.A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:(1) subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or(2) denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.

      1. I’ll see your misdemeanors and raise you U.S. Code 18, Sections 241 and 242 (FELONIES with up to life imprisonment and/or the death penalty).

    7. Why would anyone in their right mind rely upon anything the ATF or any other alphabet agency says?

      This appears to be the new alphabet agency definition of due process: “Hey good citizen, engage in commerce, yes purchase a product today we deem “legal” to purchase and possess; notwithstanding we reserve the right years later, yes even decades later, to change our minds and oops, sucks to be you good citizen, now turn in or destroy that “illegally” purchased product, OR be deemed a felon (for being so stupid to rely upon what we say)”!

      By the way good citizen, our budget increased this year by 8%, appreciate your support!

      Yep, that’s the Due Process our Founders invisioned.

    8. Good article! Bad law! Still waiting for Donald, Wayne or Chris to publish some photos of criminals destroying or turning in their stocks?????
      Once again, over zealous ridiculous laws as this only adversely impact law abiding citizens!

    9. Gun control laws based on nazi gun laws, well here we go, the government made a line in the sand now. Daring those who holdout to cross their lines, I get asked is this the hill your willing to die on, Well WTF how many mountains has the government built taking our God given rights away, sooner or later this has to stop, hopeful noncompliance will be enough, before the government starts murdering the innocent over this evil & immoral law gets overturned, I have little hope of that though.

      1. This blows my mind that Trump would sign such a bill, as his son and family are such a big firearm family. When are the people going to see its not the gun, it’s the mental case, nut job stand behind it. And the government makes laws that suits them. And this new nut job that came out for president said he will pass a law that all firearms be confiscated. Try that and see what happens !! Oh yea I’ll be waiting !!

      2. Federal forces have shown that they are willing to kill nonthreatening citizens. The Federal and most other law enforcement have separated from the pubic. They call us civilians instead of citizens but consider us as skells with no innocents. I hope that noncompliance will be enough. I think they seek our defiance in order to justify murder.

    10. Just think in 2020 millions of so called pro-gun people will vote for the gun grabbing, pro- police state, big govt. con man.
      The guy even brought back William “Ruby Ridge” Barr with nary a peep from the Trump sheep. He has gotten away with more than Hillary could have dreamed of.

      1. “He has gotten away with more than Hillary could have dreamed of.”
        That’s a stretch. While it may be true, it is highly unlikely given the outright disdain for anything related to firearms or 2A from the mainstream Democrat party. At least with most Republicans, including RINOs, there is a chance, they will make the right choice. Dems will always go against the 2nd.

        If Hillary had won, she would have very likely enjoyed at least a majority, if not a super-majority of Congress. The moment Dems get that majority, they will swiftly move to make all civilian firearm ownership illegal per their national policy. Trump is no saint, but in a system of choosing the lesser of two evils, he’s far preferred to any of the current candidates out there on the D side. And as for replacing him in a primary, also highly unlikely. The incumbent has the best chance of winning. If the incumbent can’t get the party’s nomination for a second term, that is, in effect, a vote of no confidence on the party.

        1. Just like I said millions of so called pro gun people will be voting for a gun grabbing, pro-police state, pro- big govt con man in 2020.
          I will add that if re elected the sheep that voted for him will then turn a blind eye to all of the anti gun, pro police state and big govt things he does and be saying things like ” at least he aint a Democrat”.
          William Barr, the Ruby Ridge white washer, gun grabber himself, yes, Hilary could only have dreamed.

          1. This has been in motion since your great socialist leader FDR was in charge for so long just to set things in gear. I am sure your great savior the Clinton’s along with their bankroll soro’s & bloomberg have no reason to be in power. You blame one man when it is so many. And God save the Republic from any demorat EVER attaining the WH again.

        2. J Gibbons, for far too long, gun owners and freedom-loving citizens have been the proverbial frogs, being slow boiled in the pot as tge heat has been gradually turned up. I think the PTB, who select our Presidents for us, saw that people were ready to revolt, after eight long years of 0bama, once Hillary started crossing lines that were not meant to be crossed, and which she surely would have crossed. They installed Trump, who wowed us with his many lies and false promises. He knows what the problems are, and the solutions, and promises solutions, yet rarely if ever delivers. Chris called it, and called it accurately! The conservative sheeple turn a blind eye to Trump’s every betrayal and broken promise. They make nonsensical excuses like “4-D chess” and “he’s fooling the Democrats” for these betrayals yet they are the ones being fooled. Had Hillary gone in, I think by now we would be fighting (literally) to re-take our freedom that has slowly been stolen from us over decades. Instead, Trump takes from us and the work of the NWO marches forward, unimpeded. The sheep go “baaaa” and we frogs boil slowly, ever so slowly, in Trump’s pot.

          Ain’t it wonderful?

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