The Federal Government And War With The American People

Herschel Smith · 27 Mar 2018 · 10 Comments

Every time a new contract is issued for weapons and ammunition, the typical cacophony of comments follow.  Those who think that the FedGov has too many guns and too much ammunition weigh in, and invariably (perhaps some of them are trolls or paid commenters?) some people weigh in with support. Terrorism.  Bad people.  Every agent with a gun needs range rounds and personal defense (PD) ammunition (JHP or whatever).  Think of how many rounds you shoot per year, and multiply that times the…… [read more]

Final Comments On Bump Stock Device Rulemaking, Federal Register Number 2018-06292

BY Herschel Smith
3 days, 3 hours ago

Since it is obvious that the decision has been made and all comments will be submitted to no avail, these will be my last comments concerning the rulemaking.

First of all, unless and until you have dealt honestly and in detail to my first set of comments, your response is incomplete and lack of forthrightness cowardly.

Second, I realize I am demanding that you do something beyond your capabilities, but until and unless you honestly address every one of the comments made by James Wesley Rawles, it will be apparent to readers that you have no way to respond in a manner that is logically coherent, legal, and rhetorically compelling.  In other words, the vacuous nature of your position will be manifest before the public.

Finally, I offer two additional comments beyond what I proffered earlier.

  1. Note for the record any and all registered professional engineers employed and/or contracted and remunerated by the ATF or DOJ, whose job it was to provide input, calculations, analysis or opinions on the technical issues pertaining to this rulemaking.  Provide those analyses for our review, and list the PEs by name, license number and state.  State laws for all fifty states require that such analyses be traceable and sealed or stamped by the PE.  If no PEs have reviewed the technical issues pertaining to this rulemaking, say so with specificity and clarity.
  2. Note for the record any and all licensed professional gunsmiths employed and/or contracted and remunerated by the ATF or DOJ, whose job it was to provide input, analysis or opinions on the technical issues pertaining to this rulemaking.  Provide those analyses for our review, and list the gunsmiths by name, license number and state.  If no gunsmiths have reviewed the technical issues pertaining to this rulemaking, say so with specificity and clarity.

The goal of said discovery will be to hold licensed PEs accountable before their respective state licensure boards.  If no PEs have reviewed the rulemaking, the goal will be, among other things, to trumpet loud and long the illegitimacy of the rulemaking due to lack of technical rigor or qualified oversight.  Illegitimacy of the rulemaking will redound to the illegitimacy of the ATF itself.

Information On Bump Stocks And Mandalay Bay

BY Herschel Smith
6 days, 4 hours ago

Via David Codrea, this from Stamboulieh Law.

A few days ago (yes, days), I submitted a FOIA to ATF and FBI regarding bumpstocks and the Las Vegas shooting.  Today I received a CD with 777 pages of information, which you can review at the following links:

Volume 1

Volume 2

Volume 3

Volume 4

What shouldn’t even need to be said is that I haven’t had time to slog and crawl through all of this information.  A little reader assistance would be nice.

Gun Owners Question How Trump Can Enforce Ban Of Half Million Bump Stocks

BY Herschel Smith
1 week, 4 days ago

Dallas News:

Months before President Donald Trump announced that he would ban bump stocks in the wake of the deadly Las Vegas mass shooting, Doug Alexander spent $300 on the accessory to show off at the gun range.

“I’ll be real honest with you, the bump stock, I bought it as a toy because it looked cool,” the Abilene resident and Air Force veteran said of the gun device that allows a semi-automatic rifle to fire at nearly automatic rates.

Although Alexander purchased the device legally more than a year ago, he’s now among tens of thousands of bump stock owners whose expensive accessories face an uncertain fate under a proposed federal ban of the devices.

The Bureau of Alcohol, Tobacco, Firearms and Explosives estimated that more than half a million people own bump stocks in a report released March 29 for the agency’s proposed bump stock ban. The report also found that 2,281 retailers and two bump stock manufacturers would be impacted by a ban. The proposal is expected to cost the industry, public and the government more than $200 million in a 10-year time span.

Alexander, a 61-year-old Dallas native, purchased his bump stock from Slide Fire, the country’s leading bump stock manufacturer based in the tiny Texas town of Moran, 40 miles east of Abilene.

“I thought it was cool that they were producing this, and I kind of figured I was helping the local economy, too,” he said.

ATF posted the proposed ban at the end of March, which requires a 90-day public comment period. The change would revise the agency’s definition of a machine gun to include “bump-stock-type devices,” despite a 2010 decision that determined bump stocks can’t be classified as a machine gun.

Under pressure after mass shootings around the country, Trump ordered the Justice Department and ATF to ban the devices. Bump stocks were found in the Las Vegas shooter’s hotel room, but they were not used in the Florida high school rampage in February or the massacre at the Sutherland Springs, Texas, church in November.

“Bump stocks are going to be gone,” Trump vowed last month.

Since ATF posted the proposal, more than 14,000 people have commented ahead of a June 27 deadline. Many online commenters voiced their opposition to the ban, arguing that the agency does not have the authority to ban the device. During an initial 30-day comment period, the agency received more than 100,000 comments on its draft of the bump stock ban. An analysis by The Trace, a media organization that reports on gun-related news, found that 85 percent of commenters on the draft ban opposed regulation.

Gun owners like Alexander question how to enforce a bump stock ban.

Under the ban, retailers and private citizens would be required to destroy the device themselves or turn it into an ATF office. The bureau estimates that it would cost $1.8 million to destroy all existing bump stocks.

“Since the majority of bump-stock-type devices are made of plastic material, individuals wishing to destroy the devices themselves could simply use a hammer to break apart the devices and throw the pieces away,” the proposal reads.

ATF’s proposal does not mention any compensation for those who paid $180 to $400 for their device.

Some gun store owners in Texas say they’re not worried about losing a few sales or the cost of destroying their inventory. They’re mostly concerned about the government infringing on their Second Amendment right to bear arms.

Michael Cargill, owner of Austin-based Central Texas Gun Works, said the recommendation goes against gun control advocates’ promises that they don’t want to take away guns: “That’s exactly what they’re doing.”

Cargill hasn’t been able to restock his inventory since October, when his remaining 23 bump stocks flew off the shelves after the Vegas shooting. After ATF announced the ban, Cargill said it “backed up everything around the whole country.”

Now that a ban seems likely, Cargill said, he won’t name friends or customers who already own one.

“I wouldn’t even tell you if I own one at this point because they’re going to ban them,” he said. “I’m going to plead the Fifth.”

And you can bet that many gun owners feel the same way.  I told you – Trump is a one-termer because of this.  They separated him from his base.  And in doing so, the Congressmen and Senators managed to get the ban they wanted without having to go on record with a vote, thus opening themselves to the disapproval of the gun owning public.

The NRA gave him cover to do this.  You can blame the NRA, and you can blame Trump, who believes in nothing but himself.

Comments On ATF Bump Stock Ban

BY Herschel Smith
2 weeks, 2 days ago

James Wesley Rawles at Survival Blog has done a simply magnificent job of upbraiding the ATF.  It’s an absolute throw-down of blood and gore and broken bones when Rawles gets through with the ATF.  If you like seeing the FedGov slapped around, visit Survival Blog.  Here is a taste.

My specific objections are as follows. Note: I reserve the right to litigate on any or all of these. Furthermore EACH of the following numbered items are distinct separate objections and must be addressed individually with logical and complete specificity by the BATFE before the proposed rule is put into force:

1.) To declare existing privately owned devices contraband machineguns with no available method of registering them as machineguns constitutes an uncompensated taking.

2.) To declare existing privately owned devices contraband machineguns with no Grandfather Clause flies in the face of many decades of Federal case law, under Federal Jurisprudence. This also constitutes an uncompensated taking.

3.) The proposed redefinition of “machinegun” (per 26 U.S.C. 5845(b)) is vaguely worded. For example: What is meant by “function of the trigger”? Does that mean a trigger pull (only)? Does that mean a trigger release? Does that mean a pull OR release of a trigger? Or does that mean a pull AND release of a trigger? Does a partial pull of a trigger still constitute a function? Or must a pull of a trigger be through its entire arc to a stopping point to constitute a function?   Or must a pull of a trigger be through its entire arc to a stopping point and then a release to a reset point to constitute a function?   Or does a release of a trigger from a stopping point to a reset point to constitute a function? Or does a release of a trigger from a partially-pulled position to a reset point to constitute a function?

4.) More than a mere interpretation, it REDEFINES, AMPLIFIES and EXPANDS the wording of the NFA-’34 (26 U.S.C. 5845(b)). This is clearly bureaucratic overreach by the Executive Branch. Per the Constitution, only congress can MAKE laws. The executive branch and agencies can only ENFORCE already legislated and duly enacted laws.

5.) How can the BATFE redefine the meaning of the phrase “single function of the trigger” (per 26 U.S.C. 5845(b)) without the consent of congress?

6.) How can the BATFE further restrict the possession of Militia Weapons without a modification or repeal of the 2nd Amendment?

7.) By declaring a previously legal and constitutionally-protected “arm” suddenly “illegal” and “contraband” is a violation of the 2nd Amendment

8.) By declaring a previously legal and constitutionally-protected “arm” suddenly “illegal” and “contraband” and mandating its surrender to authorities would IDENTIFY the owner is thus a violation of the 5th Amendment protection from self-incrimination. It would also violate the 5th Amendment’s “taking” clause.

9.) By declaring a previously legal and constitutionally-protected “arm” suddenly “illegal” and “contraband” and mandating its surrender to authorities would violate the 4th Amendment protection from seizure without due process.

10.) I take exception to this wording: “Because such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle”. That is vague.

11.) I take exception to this wording: “…initiate a continuous firing cycle with a single pull of the trigger.” That is grossly vague and violates the plain simple, Black Letter Law and the manifold intent of congress when it enacted NFA-’34 See: 26 U.S.C. 5845(b))

12.) I take exception to this wording: “…these devices convert…” It is not a conversion to the operating mechanism. Rather, it is either an adjunct or a firing technique, or both.

13.) I take exception to this wording: “…these devices convert an otherwise semiautomatic firearm into a machinegun.”   By your new definition, then so does holding your your thumb in your belt-loop when firing from the hip!

14.) I take exception to this wording: “…these devices convert an otherwise semiautomatic firearm into a machinegun.”   By your new definition, then so does holding the buttstock of a rifle a short distance from your shoulder when firing!

15.) I take exception to this wording: “…these devices convert an otherwise semiautomatic firearm into a machinegun.”   By your new definition, then so does holding a rifle loosely at either shoulder level or hip level when firing! See: https://www.youtube.com/watch?v=7RdAhTxyP64

16.) I take exception to this wording: “harnesses the recoil energy of the semiautomatic firearm in a manner that allows the trigger to reset and continue firing without additional physical manipulation of the trigger by the shooter.” The reset IS indeed physical manipulation of the trigger by the shooter because BOTH the shooter’s body (including the trigger finger) and the gun itself (including the trigger itself) are in motion, when under the force of recoil.

17.) I take exception to this wording: “Hence, a semiautomatic firearm to which a bump-stock-type device is attached is able to produce automatic fire with a single pull of the trigger.” It is NOT automatic fire, as defined by congress in NFA-’34.

18.) I take exception to this wording: “Hence, a semiautomatic firearm to which a bump-stock-type device is attached is able to produce automatic fire with a single pull of the trigger.” It is not producing automatic fire. The shooter’s trigger finger is still producing the fire, one shot at a time.

19.) I take exception to this wording: “With limited exceptions, primarily as to government agencies, the GCA makes it unlawful for any person to transfer or possess a machinegun unless it was lawfully possessed prior to the effective date of the statute.” The Hughes Amendment to FOPA restricts only machineguns, not semi-automatics. Only congress can redefine the word “machinegun”.

20.) I take exception to this wording: “Consequently, current possessors of these devices would be required to surrender them, destroy them, or otherwise render them permanently inoperable upon the effective date of the final rule.” To “surrender them, destroy them, or otherwise render them permanently inoperable” would constitute an uncompensated “taking” which is not allowable under Federal jurisprudence.

21.) I take exception to this wording: “The bump-stock-type devices covered by this proposed rule were not in existence prior to the GCA’s effective date, and therefore would fall within the prohibition on machineguns if this Notice of Proposed Rulemaking (NPRM) is implemented.” That is fallacious. Stocks that were spring-loaded or hydraulically buffered (to absorb recoil–but that unintendedly can create a bumpfire condition) did indeed exist and were on the open market before FOPA 1986. For example, Winchester’s Hydra-Coil stock was invented and produced starting in the early 1960s. It was made for variety of guns, including some semi-autos including the Remington Model 58 semiautomatic shotgun and the Remington Model 742 semiautomatic rifle (with a detachable magazine). See: https://www.si.com/vault/1963/09/09/596517/an-inventor-takes-the-kick-out-of-shooting

James goes on through number 42.  It’s just a bloodbath, frankly.  He’s not a lawyer and clearly much smarter than anyone who works with the DoJ or ATF.

Closer to home, our own Fred Tippens writes the ATF with the following.

“Turning law abiding patriotic Americans, veterans, suburban moms, and men just trying to raise their families into criminals? Really? Why would I give a flying rat’s backside about a country that does this? Why? Why would I have any loyalty to this country if its government simply takes whatever it wants? I’m sure the irony is completely lost on you but are you going to send men with guns to take them? If you’re going to just up and ban things don’t you make the case for us to stockpile weapons and ammo? Do you know the definition of irony? The courts won’t help. The congress won’t help. The executive won’t help. What redress do we have? Why not just redefine and then ban all of the component parts and accessories of the common rifle? Are you going to ban them one at a time and hope that nobody will notice? Is this not tyranny? Do you want war with your own neighbors? Seriously? I’m only writing this so that I know I’ve done my part to avoid civil war. Now do your part, be for liberty…. I don’t want war so it’s your war to start or avoid. Please choose wisely.”

I have yet to come to terms with writing again.  They clearly didn’t engage what I wrote earlier and have no intention of engaging my points in the future.

I will point out one more thing about this ban.  The GOP establishment is clearly very good at playing the long game.  Trump won, but the GOP establishment is burning the place down, not Trump.

There was no logical or necessary reason to pack the Omnibus bill with spending for Planned Parenthood or for the CDC to issue gun control studies.  They have cut his support from two main constituencies: [1] right to life, and [2] gun rights.

Trump cannot win again without those two constituencies.  I’ve already heard folks in both camps tell me that they won’t vote for Trump again if hell freezes over.  Among pro-life workers (I know some) there was great sadness over the monies given to PP.

Thus the GOP has done two things it wanted to do.  They’ve got their gun control to run on in the next election without having to vote on it themselves (they are cowards).  They got the ATF to do the dishonest work for them.  Second, they have ensured that Trump is a one-term president.

As I said, it is the GOP establishment and not Trump who is burning the place down.

Second Amendment Advocates Should Reject DOJ “Bump Stock” Infringement

BY Herschel Smith
2 weeks, 6 days ago

David Codrea:

That said, and since it looks like the fix is in, it may also be fair to wonder what good it will do to comment on this latest iteration of the proposed rule on “rate-enhancing devices.” There are several reasons to go ahead and submit a comment in spite of such misgivings, not the least of which is it’s the right thing to do.

Well, maybe it is.  I just know that I’ve read the response to the comments submitted on the proposal to propose a rule (some of them were mine), and they may as well have bent over and crapped on the constitution and everyone who made comments about what it said.

It’s an amazing thing to see a group of people so okay with being so hated, detestable and disgusting.  I encourage my own readers to make comments even though the fix is indeed in.  Post them here.  If I make comments again, I won’t be as nice as I was the first time around.


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