The ATF has been one of those “weaponized” agencies for a long time. They have arrested ordinary people; they have skated away from scrutiny over their “rules” for decades. Finally, the courts are starting to target their unconstitutional bureaucratic actions. The Supreme Court struck down the Bump Stock ban, and a Federal judge ruled that the ATF pistol brace rule is unconstitutional.
Hooray for common sense.
As we have reported previously, the bump stock ban originated with President Trump after the massacre in Las Vegas. It was an ill-conceived ban that was based on a lack of knowledge, even with the ATF saying they knew exactly what was going on. A bump stock is not a machine gun and does not function like one.
Will this presidential election be the most important in American history?
“ATF does not dispute that this complete process is what constitutes a ‘single function of the trigger.’ A shooter may fire the weapon again after the trigger has reset, but only by engaging the trigger a second time and thereby initiating a new firing cycle,” Thomas continued. “For each shot, the shooter must engage the trigger and then release the trigger to allow it to reset. Any additional shot fired after one cycle is the result of a separate and distinct ‘function of the trigger.’”
“Nothing changes when a semiautomatic rifle is equipped with a bump stock. The firing cycle remains the same,” the court reasoned. “Between every shot, the shooter must release pressure from the trigger and allow it to reset before reengaging the trigger for another shot.”
“A bump stock merely reduces the amount of time that elapses between separate ‘functions’ of the trigger,” the majority noted. “A bump stock does not convert a semiautomatic rifle into a machinegun any more than a shooter with a lightning-fast trigger finger does.”
“So, a bump stock cannot qualify as a machinegun under §5845(b)’s definition,” the court found. Ken Klukowski at Breitbart
The ATF pistol brace rule caused veterans and disabled people to worry that a simple accessory which assisted them to be able to shoot would be removed or cost them an exorbitant amount of money as well as difficulty to obtain. The “rule,” though listed on the government website for the required amount of time and received hundreds of negative comments, was adopted by the ATF anyway. Which begs the question of why these rules are posted for public comment if they are just ignored.
The same court had earlier approved the ATF rule, but an appeals court overruled it. In today’s decision, the District Court judge agreed that the ATF rule was illegal and likely to be rejected by other courts.
The case is likely headed to the U.S. Supreme Court, those involved said.
For now, it is legal to have the pistols — AR style or others — equipped with stabilizing arm braces. Washington Examiner
The ATF had a bad week in court. Their government overreach is finally shown by the courts. Though the Pistol Brace ruling will likely be appealed to the Supreme Court, we hope it is a harbinger of good things to come for the 2nd Amendment.
*****
Related:
- Killing Airport Exec Bryan Malinowski by ATF Agents
- ATF Unlawfully Changes Definition: Are You Now Considered A ‘Gun Dealer’?
- Stop Private Gun Sales? White House’s ATF Is Hot After It.
- State Rep. Demands Investigation After Seven Vehicles Carrying a Dozen ATF Agents with AR-15s and Tactical Gear Raided Gun Dealer’s Home in Oklahoma +
- ATF Director Asked to Define “Assault Weapon” – Claims He’s Not a Firearms Expert
Turn your back on Big Tech oligarchs and join the New Resistance NOW! Facebook, Google, and other members of the Silicon Valley Axis of Evil are now doing everything they can to deliberately silence conservative content online, so please be sure to check out our MeWe page here, check us out at ProAmerica Only and follow us at Parler, Social Cross and Gab. You can also follow us on Twitter at @co_firing_line, and at the new social media site set up by members of Team Trump, GETTR.
While you’re at it, be sure to check out our friends at Whatfinger News, the Internet’s conservative front-page founded by ex-military!
And be sure to check out our friends at Trending Views:
