Brief Filed in Maryland ‘Rapid Fire Trigger Activators’ Ban Case

How many times does this piece of firearms history have to be declared “legal”? (Photo: David Codrea)

U.S.A. – -(Ammoland.com)- A “friend of the court” brief was filed in the United States Supreme Court Thursday by attorneys Alan Beck and Stephen Stamboulieh on behalf of Scott Heuman, Owen Monroe, and myself in support of Maryland Shall Issue’s challenge to their states ban on “rapid-fire trigger activators.” Our interest is that we were Plaintiffs in a similar case against the Bureau of Alcohol, Tobacco, Firearms and Explosives, and as the brief explains:

“As such, they have an interest in the outcome of this case because a positive ruling in the instant matter will assist them in their efforts to  be compensated for the government’s illegitimate taking of their bump stocks.”

In terms of compensation, that’s not the preferred outcome — a court order to return the property is. Still, if the government had to pay off everyone adversely affected and forced to bear real costs, ATF’s own estimates place the cost in the hundreds of millions of dollars. I’d like to make clear that my decision to relinquish otherwise untraceable property was based solely on advice from my attorney to surrender under protest so that I would have the standing to bring a case. As such, and as noted in a footnote to the brief, I required ATF “to sign a Receipt for Property and Other Items (ATF Form 3400.23) as [my] intent is to have [my] property returned if and when the Final Rule is struck as  violative of the Constitution and/or Administrative Procedures Act.”

In terms of our costs, some will no doubt raise their eyebrows at my valuation claim. That’s because I consider it a collector’s item, a piece of cultural history if you will, and one for which the valuation would increase if the property is ultimately ordered returned:

“Mr.  Codrea was forced to surrender an original Akins Accelerator (with its spring removed so as to not be considered a machinegun after the first time it was declared a machinegun) which was still in its original box and signed by the inventor of the device. Mr. Codrea valued his original Akins Accelerator at  a minimum of ‘$1,100, up to a premium due to the chain of ownership and rarity of the item, it  would be expected to sell for at least $2,000 to $3,000 at an auction’ … Mr. Monroe’s  and  Mr. Heuman’s bump stocks are valued between ‘$200 to $400’.”

It’s also probably appropriate to mention, especially at those prices, that no one is in it for the money. In the admittedly remote chance that we prevail, every penny of any settlement I might receive would be immediately applied toward further legal actions in defense of Second Amendment related cases.

There’s one other unique aspect of this brief brought up by no one else, and that’s the fourth footnote, and it gets into the official record an observation no one in authority wants to address:

“Of note, during a Freedom of Information Act request regarding the Las Vegas incident, a document was produced which stated that ‘[O]n-scene ATF personnel were not allowed to physically examine the interior of the weapons for machinegun fire-control components or known machinegun conversion devices such as Drop-In-Auto Sears, Lightning Links, etc.’”

That’s an assertion that is demonstrable simply by looking at the evidence I have documented, although the media has (predictably) paid no attention to it. And while the ATF FOIA production includes several problematic admissions in addition to ATF not being “allowed” to examine recovered weapons (all shown at the above link), the FBI, when asked for “any records documenting the use of a bump fire-type stock used during the commission of any crime to date,” essentially told us they don’t have that information and wouldn’t have to tell anyone if they did.

No one is under any illusions. All the Supreme Court has to do to let the case die is…nothing. That said, pursuing this isn’t taking significant resources away from other doable efforts, it brings heretofore suppressed information to the court’s attention, and giving up to government usurpations and infringements should never be an option.

Anyone who tells you “this is just about a stupid piece of plastic” doesn’t understand the issue.


About 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.

David Codrea

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JSNMGC
JSNMGC
9 months ago

Will – 1/24/21 “The point to my comment is for you to ask your moron buddy ‘little wil’ that question! You know zero about the military! You just want someone to engage you in a back and forth that you know nothing about so you can spew your opinionated bullshit!” Response to Will Will, I didn’t ask wil because he has not been in this thread to this point. I was replying to ras52, who made a valid observation. I was building on his comment. This is a discussion board – “back and forth” is how discussions work. Is there… Read more »

Last edited 9 months ago by JSNMGC
musicman44mag
musicman44mag
9 months ago

only 1,381 days until we can vote to make Amerika great again but we can impeach the current one now. We should have filed the paperwork to start it the day of it’s inauguration. Fight fire with fire.

Staying armed just because I can.

Boris Badenov
Boris Badenov
9 months ago
Reply to  musicman44mag

That ship, free, open elections, is a ship that may have sailed. PeeLousi is trying to make fraud and cheating the law of the land. We’ll have to see how many RINO’s go for it.

Graham
Graham
9 months ago

Good on you David. Thank you for all you do!!

Big George
Big George
9 months ago

“Rapid-fire trigger activators.” Did I miss something or is that a Choate folding stock for a Mini-14/30 in the photo?!

USMC0351Grunt
USMC0351Grunt
9 months ago

I may have missed it, but, are we STILL at the point in this country where the Second Amendment arena, Right Wing? Republicans? Conservatives? Libertarians, NRA, GOA and all other Gun Rights avenues are STILL NOT DONATING HEAVILY TO SUPPORT THESE CASES? Apathy at it’s EXTREME! This nation deserves what it is about to receive!

BigMikeU
BigMikeU
9 months ago

HAHA well as i live in the bluest state in the union i already cant buy one of those hyperfire triggers and of course i want one? We are not allowed all sorts of things that Virginia is just finding out about now! We are not allowed AR pistols or more then 10 rounds in any guns other then a fixed tube mag on a level gun or semi auto 22 or something. So when everyone starts crying about their 2A rights are dissolving ,wait til you see what the thief in charge of our country dose over the next… Read more »

USMC0351Grunt
USMC0351Grunt
9 months ago
Reply to  BigMikeU

“Once the illegitimate leader of the U.S. is going to do is spark a Civil War in this country.” A small correction… THIS would cause The SECOND REVOLUTION. The “Civil War” would come between groups such as Antifa, BLM, etc… JMHO As for what happened in Virginia, i.e., losing the House, Senate and Capitol to the Democrats was the TEST-DRIVE for the Democrats to take over Washington, DC. Watch the movie, “The Candidate” with Will Ferrell. That movie for recent Democrat takeovers and “The Distinguished Gentleman” with Eddie Murphy for Obama’s fundamental road map to the Whitehouse. VETERANS! There are… Read more »

Last edited 9 months ago by USMC0351Grunt
JSNMGC
JSNMGC
9 months ago
Reply to  USMC0351Grunt

USMC0351GRUNT,

When you grab your gear (which will obviously not include body armor) and join other veterans to fight the revolutionary war, who do you think you will be fighting?

RoyD
RoyD
9 months ago
Reply to  JSNMGC

JSNMGC: There are some here who would do well to read the works of Sun Tzu.

JSNMGC
JSNMGC
9 months ago
Reply to  RoyD

Yes.

I bet USMC0351Grunt and I would get along just fine in real life, and I’m not trying to provoke him.

However, he has made these comments before and as much as I agree with him about Joe, Nancy, Chuck, Robert Francis, and the crazy cat lady down the street with pink hair, these are not the people he would be opposing.

ras52
ras52
9 months ago
Reply to  JSNMGC

Yes, those four cowards you named will have others do their dirty work!

JSNMGC
JSNMGC
9 months ago
Reply to  ras52

What if “others,” meaning LEOs (many of whom are veterans) and active military (who will be asked to provide equipment, consumables, training, and advice – like they have before) refuse to follow orders?

JSNMGC
JSNMGC
9 months ago
Reply to  JSNMGC

Will – 1/24/21
“Ask your moron buddy ‘little wil’ that question! I’m so sure he would have a real witty response!”

Response to Will
Will, why do you not make a point, or discuss topics, or debate them, or even argue them? Why do you just emote?

Boris Badenov
Boris Badenov
9 months ago
Reply to  JSNMGC

It is possible that 50%, hopefully more, would take their oaths seriously.

I’m old, I’m somewhat crippled but I still remember my oath.

JSNMGC
JSNMGC
9 months ago
Reply to  Boris Badenov

Thank you.

There are very few comments like that being made on the internet, which is concerning.

ras52
ras52
9 months ago
Reply to  JSNMGC

I hope they do not follow those orders if those orders are to confiscate our firearms!

Last edited 9 months ago by ras52
JSNMGC
JSNMGC
9 months ago
Reply to  ras52

There are a lot of groups of people who are going to go through some introspection regarding: What does the oath mean? and What is truly a “legal” order?  At one point, seven Supreme Court justices (all Democrats) indicated Mr. Scott was “owned” by another person. There were many laws at that time that, in various ways, were used to enforce slavery. Should those laws have been enforced?  Should health orders (with the force of law) indicating you can play singles tennis, but not doubles tennis be enforced?  Should laws requiring AR15s to be registered be enforced?  Should laws banning the possession… Read more »

Laddyboy
Laddyboy
7 months ago
Reply to  JSNMGC

Should guns of old be banned? I recall there is an “Ex Post Facto” law that IS still applicable.

Laddyboy
Laddyboy
7 months ago
Reply to  JSNMGC

I recall a law called “Ex Post Facto” being relevant at this time in history.

JSNMGC
JSNMGC
7 months ago
Reply to  Laddyboy

Did you read any of the explanations of that term that have been provided to you the last time you brought it up? Banning something after the fact is not an ex post facto law. There is no penalty now for having bought it then. The penalty is for not getting rid of something that has been banned. For example: People bought bump stocks Trump banned bump stocks with no grandfather clause People who bought bump stocks were not guilty of the crime of having bought them People had to destroy them or turn them in If people did not… Read more »

JSNMGC
JSNMGC
7 months ago
Reply to  Laddyboy

Responded, but it’s on hold for some reason.

Knute
Knute
9 months ago
Reply to  RoyD

EVERYONE should study Sun Tzu. Welll…. everybody on our side anyway. Opponents should never hear of him…. hopefully. 🙂

Oldman
Oldman
9 months ago
Reply to  BigMikeU

Know This; We are many; They are few; To fear death is a choice, and they can’t hang us all!

Graham
Graham
9 months ago
Reply to  BigMikeU

It’s hard to believe VA has fallen, wife keeps looking at land over the border from TN. I keep saying NO.

I read somewhere an estimate of 15million owners of AR15 (s) in the US.

3% is 450,000. Odds seem pretty good, doing that math has actually improved my current mood!

USMC0351Grunt
USMC0351Grunt
9 months ago
Reply to  Graham

That’s not counting the AK-47’s and 74’s.

Boris Badenov
Boris Badenov
9 months ago
Reply to  Graham

I think you are a touch low on that number.

DDS
DDS
9 months ago

“All the Supreme Court has to do to let the case die is…nothing.”

Note that in the recent election disputes, where the media claimed the courts repeatedly ruled against allegations of fraud, what the courts actually did in many of the cases was refuse to take up the case.

Which is not quite the same, is it?

JohnPaul
JohnPaul
9 months ago

I couldn’t agree more that the underlying issue is vastly more important than “that piece of plastic.” The LMNOP agencies are constantly and consistently hiding opinion and persuasion in plain sight. Then, when that is brought into sunshine, they tuck their tails and state, “No. I won’t tell you. Because I don’t want to. You can’t make me.” We need to make them, and pushing this case will do just that.

Dubi Loo
Dubi Loo
9 months ago

Well done David

BigJim
BigJim
9 months ago

The question is this, why is the Mandalay Bay shooting downplayed as an incident?
Really? There were photos of Stephen Paddocks wife wearing a hands-off my vagina hat on Fakebook. Just before she was about to board the plane back to the Philippines. They were quickly removed. Maybe it should’ve been Garth Concert where he can play “We Shall be Free”. Dipshit. We want absolute transparency. Read deeper folks.