Posted on Jan 19, 2023
In Groundbreaking Ruling 5th Circuit Strikes Down ATF's Bump Stock Ban
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Posted 2 y ago
Responses: 5
SGT (Join to see)
Good in that the court has told BATFE that they cannot make law, only congress has that power. The ATF rule would have made over night felons of anyone that owns a bump stock.
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Probably gonna upset some people. I follow the 'Duck Rule'. If I have a device that gives my rifle the same result as an automatic weapon then its "est idem" an automatic weapon. If I didn't pay my $200 automatic weapons tax then I'm in violation of the National Firearms Act, Title II (not to be confused with Title II of the Gun Control Act of 1968)
source: https://en.wikipedia.org/wiki/Gun_Control_Act_of_1968
An example of the 'Duck Rule' as applies to in a slightly different perspective: If someone intentionally aims and shoots at a moving car's tire, hits that tire causing a wreck which kills other people - then that shooter has committed murder. Or 'est idem' murder if the person driving the car was not then in commision of act that threatened someone else even if the intent of the shooter was not murder.
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What should have happened is when the bump-stock first appeared the ATF should have requested Congress to place it and other mimicking devices under the NFA, Title II category.
They still could do that... those that own bump-stocks already would be grandfathered just as previous owners of auto-weapons in 1934.
source: https://en.wikipedia.org/wiki/Gun_Control_Act_of_1968
An example of the 'Duck Rule' as applies to in a slightly different perspective: If someone intentionally aims and shoots at a moving car's tire, hits that tire causing a wreck which kills other people - then that shooter has committed murder. Or 'est idem' murder if the person driving the car was not then in commision of act that threatened someone else even if the intent of the shooter was not murder.
.
What should have happened is when the bump-stock first appeared the ATF should have requested Congress to place it and other mimicking devices under the NFA, Title II category.
They still could do that... those that own bump-stocks already would be grandfathered just as previous owners of auto-weapons in 1934.
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Maj Robert Thornton
Personally I have no skin in this game. A bump stock on my bolt action 556 wouldn’t help me at all. The one thing noticed with folks using them is I didn’t find them to be extremely accurate with them. That is my perception.
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SFC Ralph E Kelley
Maj Robert Thornton - I've only fired my M16 on full-auto twice. My engagement range in both cases was 25 to 30 meters. In both engagements they were bunched up, rushing forward. I burned through a lot of ammo (3-4 mags) as both time it was a make or break situation and they broke.
I would also note the rifles both times became sluggest from heat expansion afterward. Neither were they truly ready for more shooting until I quickly broke them to clean.
There is a time when autorifle is necessary. The rest of the time its not needed as well aimed shots are preferred.
I would also note the rifles both times became sluggest from heat expansion afterward. Neither were they truly ready for more shooting until I quickly broke them to clean.
There is a time when autorifle is necessary. The rest of the time its not needed as well aimed shots are preferred.
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SGT (Join to see)
SFC Ralph E Kelley - Good points. There will, in the future be more upset people. This isn't about everybody gets a machine gun, it's about ATF making law instead of congress. It's about reigning in the bureaucrats over stepping their remit.
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