The Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) today announced its long-expected regulations banning bump stocks.
I want to assure you that Gun Owners of America is now in the final stages of preparing a lawsuit against the ATF and the Department of Justice to seek an injunction protecting gun owners from these unconstitutional regulations.
We will be filing our lawsuit very, very soon.
As written, this case has important Second Amendment implications for gun owners.
After all, in the coming days, an estimated half a million bump stock owners will have the difficult decision of either destroying or surrendering their valuable property -- or else risk felony prosecution.
GOA will argue that courts should be highly suspect when an agency changes its "interpretation" of a statute in order to impair the exercise of an enumerated constitutional right.
Help support GOF's lawsuit against ATF. Every tax-deductible dollar you
contribute to GOF right now will be automatically doubled, thanks to a very generous GOA Life Member!
ATF Regulation threatens AR-15s and other semi-autos
The new ATF regulations would define bump stocks as "machineguns" -- and, down the road, that new definition could implicate the right to own AR-15's and many other semi-automatic firearms.
ATF's new bump stock regulation clearly violates federal law, as bump stocks do not qualify as machineguns under the federal statute.
Moreover, bump stocks, which have been in circulation for many years, have repeatedly been ruled by ATF as lawful to own.
This ban was imposed through regulations because Congress has repeatedly refused to amend the law to ban them.
But the ATF has no authority to radically "re-interpret" a statute that is clear and unambiguous. To do so would allow agency regulations to overturn the clear provisions of statutory law.
Will AR-15s soon be deemed "machine guns"?
Statutory law is clear: Under 26 U.S.C. 5845(b), a "machinegun" is a weapon which shoots "automatically more than one shot, without manual reloading, by a single FUNCTION of a trigger." (Emphasis added.)
A firearm equipped with a "bump stock" uses the recoil of the firearm, coupled with forward pressure exerted by the shooter, to force the trigger to function more quickly than it would normally. But the trigger is still required to function each time a round is discharged. Therefore, the gun cannot be said to function as a "machinegun."
Another problem with the regulation is that it is overly broad and could later be relied on to ban semi-automatic firearms in the process of trying to ban "bump stocks."
The ATF has previously said that "[Bump stocks] convert an otherwise semiautomatic firearm into a machinegun..."
But hold on a minute. If the AR-15 becomes a "machinegun" -- or even if it is readily convertible into a "machinegun" -- then AR-15's could eventually become illegal as well.
Think the ATF wouldn't use this regulation to summarily outlaw semi-automatics? Maybe not right now.
But you can bet that the first anti-gun Democratic president to win the White House will order the ATF to do so.
These regulations would deny honest Americans the enjoyment of their Second Amendment-protected rights.
And so based on these objections, Gun Owners of America will shortly file suit to overturn the illegal, unconstitutional, politically motivated action by ATF in outlawing "bump stocks."
In closing, I would ask two things: