NRA Bump Stock Statement

[dennishoddy]

I agree that we should certainly be fighting this, just not with bullets. And I agree that there's a serious problem when an unaccountable, unelected agency can make up the rules as it goes along. Believe it or not, that's also being fought: the seminal case giving administrative agencies that power is Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which held that

First, always, is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress. If, however, the court determines Congress has not directly addressed the precise question at issue, the court does not simply impose its own construction on the statute . . . Rather, if the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency's answer is based on a permissible construction of the statute.​

As it turns out, Congress has written a definition of machine gun, and it defines it as more than one round fired by a single operation of the trigger. There's room to challenge such an ATF decision in court even under so-called "Chevron deference." Moreover, the Court has opined that it may be time to revisit Chevron and rein it in. Such a case is not presently before the Court, but it's definitely coming; the Court has noticed that there's an awful lot of power in unaccountable hands, and is not impressed.

As to a Fifth Amendment violation...that was settled long ago, unfortunately. The Fifth Amendment states, in part, "...nor shall private property be taken for public use, without just compensation [emphasis mine].” Note the italics: the property in question isn't being taken for public use (such as a road, military base, or--in the bass-ackward case of Kelo--redevelopment), but being declared contraband. I can't think of the case offhand, but that's been precedent for a long time, and it does make a certain amount of sense in the context of the amendment as written. I don't like it, but there it is.

And before anybody thinks of the ex post facto clause, nope, it's not that either. That's making something illegal retroactively; this is saying "it's legal up to x date; after that, you're busted."

So...definitely keep your powder dry, but don't be too quick to start dropping hammers.

The issue is that congress has created these unelected agency's to regulate for them so they can be re-elected without having to actually do something that might offend someone.
It's the EPA that did that!
It's the ATF that did that!
It's the WTF ever letter organization you may choose that did that!
The Republicans voted how many times to repeal obamacare when a minority, and when becoming a majority, became feckless and timid, refusing to vote it out for fear of repercussions by voters?
They are treating the 2A the same, allowing the alphabet agencies to do their dirty work instead of standing up for the people that elected them.
100% of the fault lies within the halls of congress.

 

[RustedBeef]

Let me be clear. Armed resistance is the last thing I want. I just don’t see us being able to do anything to stop the assault against the 2A unless we take up arms and resist. We may stop a few things here or there by voting or protesting, But they keep on getting big wins against us. Death by a thousand paper cuts. They are in for the long haul. My fear is too many people having the mentality that nothing is gonna happen. This bump stock ban should be a huge wake up call to every red blooded patriot in this country. This goes way beyond bump stocks. The government knows exactly what they are doing with this reversal. Just wait and see what’s to come.

Background checks required for FFL purchases = *frothing at the mouth* "This means war!"

Can't carry > .45 cal hanguns in OK = *frothing at the mouth* "This means war!"

Has to get tax stamp for SBRs and cans = *frothing at the mouth* "This means war!"

Potential bump stock ban = *frothing at the mouth* "This means war!"


Cranking your dial up to 11 over every issue only makes us all look bonkers to the gun grabbers, and it causes even some of own eyes to roll...I'd hate to be with you at Wally World when you get a delay in your NICS check.

You keep loading magazines in your underground bunker. I'll load up a few with ya once Mr Agent Man comes a knocking after something substantial happens, but for now there's no reason to go bananas.

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[RustedBeef]

I agree with you that talk of armed resistance is premature, but a "nothing to get riled up over" mentality will also be used as ammunition to those who want to further restrict our rights.

Gonna have to disagree with you there. It's the talk of marching with rifles at the half ready on a street corner that's gonna be be used as ammunition against cool-headed gun owners.

I can't tell from your comment, but you seem to be implying that by me saying loosing bump stocks and related things is nothing to get riled up over I'm suggesting we shouldn't fight against such legislation (like civil people, mind you). If that's what you meant, you're wrong.


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[Pokem807]

Gonna have to disagree with you there. It's the talk of marching with rifles at the half ready on a street corner that's gonna be be used as ammunition against cool-headed gun owners.

I can't tell from your comment, but you seem to be implying that by me saying loosing bump stocks and related things is nothing to get riled up over I'm suggesting we shouldn't fight against such legislation (like civil people, mind you). If that's what you meant, you're wrong.


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I’m saying that if more people cranked their dial up to a good solid 7.5 others might not feel the need to dial it higher. The gun control crowd will not distinguish between hot headed and cool except to use the latter as a stalking horse for as long as they can.

If you couldn’t tell from my comment, then by definition you were inferring.

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[RugersGR8]

ATF to Ban Bump Stocks!
sootch00
Published on Mar 29, 2018