Saturday, March 10, 2018

And In Your Morning News From The DOJ...

The Beltway method of releasing news that you don't want to get a lot of attention is to release it on a Friday afternoon. I'm guessing the Department of Justice under Attorney General Jeff Sessions is taking it a step further with this release regarding bump fire stocks.

From the DOJ:

Saturday, March 10, 2018

Department of Justice Submits Notice of Proposed Regulation Banning Bump Stocks

Today the Department of Justice submitted to the Office of Management and Budget a notice of a proposed regulation to clarify that the definition of “machinegun” in the National Firearms Act and Gun Control Act includes bump stock type devices, and that federal law accordingly prohibits the possession, sale, or manufacture of such devices.

"President Trump is absolutely committed to ensuring the safety and security of every American and he has directed us to propose a regulation addressing bump stocks,” said Attorney General Jeff Sessions. “To that end, the Department of Justice has submitted to the Office of Management and Budget a notice of a proposed regulation to clarify that the National Firearms and Gun Control Act defines ‘machinegun’ to include bump stock type devices.”

This submission is a formal requirement of the regulatory review process. Once approved by the Office of Management and Budget, the Department of Justice will seek to publish this notice as expeditiously as possible.
I don't have a need, want, desire, or love for bump fire stocks. I do, however, believe in the rule of law. 26 USC Chapter 53 § 5845 (b) defines a machinegun as:
Machinegun. The term 'machinegun' means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.
Arbitrarily saying that a bump fire stock is the same as a machinegun flies in the face of both the black letter law and in the face of numerous BATFE regulatory rulings. It makes a mockery of the rule of law and should be condemned as such. If the DOJ and the Trump Administration want to ban bump fire stocks, they should, as I suggested in my own comment on the Advanced Notice of Proposed Rulemaking, submit a bill to Congress to add them to the NFA and GCA 68.

In the meantime, I plan to send a few buck to the Firearms Policy Coalition as they have already hired attorneys Adam Kraut and Joshua Prince to submit their comments and fight this in court. By the way, donations to fight this are tax-deductible.

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