Sunday, March 11, 2018

Justice Department Proposes Banning Rapid-Fire Bump Stocks


The Trump Administration has taken the first step in the Regulatory Process to Ban Bump Stocks, likely setting the stage for long Legal Battles with Gun Manufacturers while the Trigger Devices remain on the Market.

The move was expected after President Trump ordered the Justice Department to work toward a Ban following the shooting deaths of 17 People at a Florida High School in February. Bump Stocks, which enable Guns to fire like Automatic Weapons, were not used in that Attack, they were used in last year's Las Vegas Massacre, but have since become a focal point in the Gun Control Debate.

The Justice Department's Regulation would Classify the Hardware as a Machine Gun Banned under Federal Law. That would Reverse a 2010 decision by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives that found Bump Stocks did not amount to Machine Guns and could not be Regulated unless Congress amended Existing Firearms Law or Passed a new one.

A reversal of the Department's earlier Evaluation could be seen as an Admission that it was Legally Flawed, which Manufacturers could seize on in Court. Even as the Trump Administration moves toward Banning the Devices, some ATF Officials believe it lacks the Authority to do so. But any Congressional effort to create New Gun Control Laws would need support from the Pro-Gun Republican Majority. A bid to Ban the Accessory fizzled last year, even as Lawmakers expressed Openness to the idea after nearly 60 People were gunned down in Las Vegas.

Some States have sought their own Restrictions in light of the Inaction.

California is the only State that Explicitly Restricts the Sale of Bump-Fire devices. The Golden State has Banned Bump-Fire Stocks since 1990. The Statute Bans "multiburst trigger activator," defined as a device attached to a Semi-Automatic Rifle that "allows the firearm to discharge two or more shots in a burst by activating the device."

In New York, you can buy a Bump Stock, but as soon as you put it on a gun, it becomes Illegal. A new Bill to Ban the Purchase is working its way through the Legislature.

Minnesota Law Prohibits "trigger activators" that increase a Weapon's Rate of Fire to that of a fully Automatic Gun. Semi-Autos with Bump-Fire Stocks fire slightly slower than Automatic Guns, but the intent of the Law means the Devices are likely barred.

In Massachusetts, Weapons that Fire Multiple Rounds "by one continuous activation of the trigger" are Restricted. New Jersey and Oregon have similar Language in their Statutes.

According to the National Conference of State Legislatures, Three other States, Puerto Rico, and the District of Columbia have Assault Weapons Bans that could mean Bump-Fire Stocks are likely Prohibited, depending on how the Law is interpreted: Connecticut, Hawaii, and Maryland.

A Ban on Bump Stocks was part of a School Safety Bill Signed by Florida Gov. Rick Scott, a Republican, on Friday that was immediately met with a Lawsuit by the National Rifle Association (NRA). The powerful group has said it supports ATF Regulations on the Accessory but opposes any Legislation that would do that same.

Trump told Officials to Expedite the Review of Bump Stocks, which yielded more than 100,000 Comments from the Public and the Firearms Industry. Many of the Comments came from Gun Owners angry over any attempt to Regulate the Accessory, a move they view as a Slippery Slope toward Outlawing Guns altogether.

The Proposal still needs the Approval of the Office of Management and Budget.









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