Chump Trump Tramples 2A!
Michael Kreitzer, Budget Guns and Gear Reviews
Wednesday, December 19th, 2018
In a move that is staggering in its level of betrayal, the Donald Trump DOJ finalized a rule by the ATF that will redefine “machinegun” to include bumpstocks, and gives those who own them 90 days to surrender or destroy them- or face becoming felons.
This comes despite the ATF ruling not once, but TWICE- under the Obama administration no less!- that bump stocks are NOT subject to regulation under the NFA and are therefore legal for people to possess. As a result, hundreds of thousands (if not millions- no one is really sure how many are in circulation) of law-abiding Americans spent their hard-earned money to legally buy, own, and use this firearm accessory.
As of Tuesday, 12/18/18, those who own one of these hunks of plastic have 90 days to surrender or destroy their legally acquired property, with NO provisions for “grandfathering”, registration, or recompense. Nope, it’s just straight-up, good-old-fashioned de facto confiscation.
Don’t you just love the pitter-patter of little jackbooted feet?
“Come on, Mike! These things are just toys, they’re not anything a serious shooter uses! Besides, I don’t own one and I don’t want one. I’ll save my energy to fight when they want to ban something I care about!”
That seems to be the apathetic feeling of many gun owners. They don’t own bump stocks, they don’t want bump stocks, they don’t LIKE bump stocks, so they don’t CARE ABOUT bump stocks. I can understand that. I don’t own, want, or really care about them in and of themselves either. That’s right. In and of themselves I really don’t care about them one way or another.
But this is about FAR MORE THAN BUMP STOCKS. It’s about preserving EVERY LAST REMAINING BIT of our Second Amendment rights. It’s about a government agency, at the whim of the bureaucracy and the direction of the President, being able to reverse its own prior interpretations of the law and in fact RE-WRITE the law WITHOUT going through the Legislature that enacted it. It’s about law-abiding Americans having to choose between submitting to being stripped of their legally-acquired property without recompense or becoming FELONS.
And those are just the IMMEDIATE issues.
Tell me- do you REALLY think this will stop here? Has there EVER been a case in which the government, once given the power to do something, has stopped after the first time its exercised it?
What’s next? You can bet that if they are allowed to get away with this, binary triggers are on their list. Then so-called “high capacity” magazines. Then those evil “assault weapons”. Then ALL semi auto weapons. Then “high capacity revolvers”. Then all repeating firearms. Then when they have everything else they’ll come after your single shots as well. The honest ones will TELL YOU that this is the plan. If you pay attention you can see that the Left has adopted the strategy of incrementalism and has been slowly, steadily, and patiently chipping away at the Second Amendment for DECADES, all heading in one direction.
“But Trump did this! He’s a Republican!” Well, yeah, he RAN as one. And most of his policies have been along those lines. But he is obviously not as strong on the Second Amendment as us pro-gun folks would like. And historically, it HAS been the Left who have been, and currently ARE, after our guns.
There is still hope that this egregious overreach of government power will be stopped in its tracks. The Firearms Policy Coalition, The Firearms Policy Foundation, and the Madison Society Foundation have all filed suit to seek an injunction on and a reversal of this ruling.
From the lawsuit:
Ignoring the will of Congress by subverting the Attorney General Succession Act (“AGSA”), 28 U.S.C. § 508, President Donald J. Trump unlawfully appointed Matthew Whitaker as Acting Attorney General, in spite of clear statutory direction that Rod J. Rosenstein as Deputy Attorney General was to assume the duties and responsibilities of Attorney General. As such, Final Rule promulgated and executed by Matthew Whitaker on December 18, 2018 is unlawful and invalid. Further, despite Congress expressly defining the term “machinegun” in the Gun Control Act, 18 U.S.C. § 921, et seq. (“GCA”) and the National Firearms Act, 26 U.S.C. § 5801, et seq. (“NFA”), along with ATF’s prior acknowledgement that a bump stock was not a “machinegun” nor subject to regulation under the GCA and NFA, Defendants have implemented a final rule in an arbitrary and capricious manner which denies Plaintiffs, and those similarly situated, the ability to retain a bump stock, despite reliance on prior determinations made by the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”). Accordingly, a preliminary injunction is warranted and necessary to prevent ATF from enforcing this new rule during the pendency of this litigation.
The Gun Owners of America has also said that it intends to file suit in the matter. Hopefully we will see other groups, like the Second Amendment Foundation, get involved.
I won’t hold my breath waiting for the NRA to stick its oar in the water though, as it was the NRA who CALLED FOR the BATFE to look into regulating bump stocks after the Las Vegas Massacre, in which a bump stock is alleged to have been used- the ONE AND ONLY crime in which this is the case.
I will let you know of any further developments in the story as I hear of them.