BREAKING: Federal Lawsuit Filed Challenging Trump Bump-Stock Ban; Injunction Sought

Washington, D.C. - January 22, 2019 - (The Ponder News) -- On Friday, attorneys for an owner of a “bump-stock” device and three constitutional rights advocacy organizations filed a federal lawsuit against the Trump Administration’s new confiscatory ban on firearm parts, additionally challenging Matthew Whitaker’s legal authority to serve as Acting Attorney General and issue rules without being nominated to the role and confirmed by the Senate or by operation of law. A copy of the court filings can be viewed at www.bumpstockcase.com.

The plaintiffs also filed a motion seeking a temporary injunction to prevent the Trump Administration from implementing and enforcing the new regulation. The lawsuit, captioned as Guedes, et al. v. BATFE, et al., is backed by Firearms Policy Coalition (FPC), Firearms Policy Foundation (FPF), and Madison Society Foundation (MSF), also institutional plaintiffs in the case.

“Bump-stocks” were legal under federal law and prior determinations of the Bureau of Alcohol, Tobacco, Firearms and Explosives until the agency issued a new final rulemaking today. Under the new rule, owners of the devices have just 90 days to surrender or destroy their property, after which they could face federal ‘machinegun’ charges that carry up to 10 years in prison and $250,000 in fines for each violation.

The plaintiffs are represented by attorneys Joshua Prince and Adam Kraut of Firearms Industry Consulting Group, a division of Civil Rights Defense Firm, P.C. Prince and Kraut previously filed a nearly 1,000-page formal opposition to the proposed regulation, which included a video exhibit showing the actual operation of a “bump-stock” device on an AR-15 type firearm. That opposition and its 35 exhibits can be viewed at www.bit.ly/fpc-bumpstock-reg-opposition.

“The ATF has misled the public about bump-stock devices,” Prince said. “Worse, they are actively attempting to make felons out of people who relied on their legal opinions to lawfully acquire and possess devices the government unilaterally, unconstitutionally, and improperly decided to reclassify as ‘machineguns’. We are optimistic that the court will act swiftly to protect the rights and property of Americans who own these devices, and once the matter has been fully briefed and considered by the court, that the regulation will be struck down permanently.”

In a January statement, Firearms Policy Coalition said that the federal “DOJ and BATFE clearly lack the statutory authority to re-define the targeted devices as ‘machineguns.’” Following that, in February, FPC also commented that as they “opposed the lawless manner in which President Obama often ruled by ‘pen-and-a-phone’ executive fiat,” they objected to and would fight “President Trump’s outrageous lawlessness here.”

“In its rulemaking, the Trump Administration is attempting to abuse the system, ignore the statutes passed by the Congress, and thumb its nose at the Constitution without regard to the liberty and property rights of Americans. That is unacceptable and dangerous,” explained Adam Kraut, an attorney for the plaintiffs. “It is beyond comprehension that the government would seek establish a precedent that it can arbitrarily redefine terms and subject thousands of people to serious criminal liability and the loss of property.”

To support this lawsuit and for more information click HERE

New Bipartisan Bill Seeks to Close “Bump Stock” Loophole

Source: Brian Fitzpatrick, (R PA, 8th)

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Washington, D.C. - November 1, 2017 (The Ponder News) -- Four Members of Congress—two Republicans and two Democrats—today have introduced the Closing the Bump Stock Loophole Act, new bipartisan legislation to close the “bump stock” loophole after a shooter in Las Vegas, using bump stock devices, killed 58 people and injured 489, making it the deadliest mass shooting in modern history.

The measure, introduced by Congressman Brian Fitzpatrick (PA-08), Congressman Dan Kildee (MI-05), Congresswoman Dina Titus (NV-01) and Congressman Dave Trott (MI-11), would allow the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to immediately regulate bump stocks and functionally equivalent devices that substantially increase the rate of fire of a firearm in the same way it regulates machine guns and suppressors. The registration process for anyone in possession of or purchasing bump stock devices would include a rigorous background check, fingerprinting and a $200 registration fee.

Under the National Firearms Act, it is illegal for Americans to own fully automatic firearms and machine guns manufactured after May 19, 1986. Due to a loophole in the law, however, bump stocks—devices attached to semi-automatic rifles that increase their rate of fire to that similar to machine guns—are currently legal and unregulated. ATF has said it does not currently have the legal authority to address bump stocks or similar devices and has urged Congress to act to remedy this problem.

“Four weeks ago, our country experienced the deadliest mass shooting in modern American history. As former law enforcement professionals, it is difficult to swallow the fact that the horror of this event was exacerbated by the bump stock, a device engineered to avoid regulation under federal law -- but unfortunately, it is not surprising. We are grateful to Representatives Fitzpatrick, Kildee, Titus and Trott for introducing this proposal that will regulate these dangerous weapons under the National Firearms Act, and for recognizing the need for Congress to act to keep American communities safe. We urge Congress to support this bipartisan legislation and pass this bill,” said Michael Bouchard, President of the ATF Association.

“This bipartisan legislation will block the availability of these and other dangerous devices, and demonstrates a serious bipartisan commitment to keeping our communities safe,” said Congressman Fitzpatrick, a former federal gun crimes prosecutor and FBI agent. “We must do everything in our power to prevent the kind of evil we see in horrifying incidents like the Las Vegas shootings, and resolve as a nation to confront this evil through meaningful, bipartisan legislative action and an ongoing commitment to keep our communities safe from gun violence.”

“After the deadliest mass shooting in modern history, Congress must act to prevent gun violence. This bill will not prevent all senseless gun deaths—rather, it seeks to address one dangerous loophole in existing law that allows anyone to acquire a bump stock, no questions asked. This bipartisan legislation will give law enforcement the ability to regulate bump stocks and keep them out of the hands of criminals and violent people. Such deadly devices that can turn firearms into fully-automatic machine guns have no place on America’s streets,” said Congressman Kildee.

“Following the October tragedy in my district, I vowed to study and draft solutions with members on both sides of the aisle to prevent future acts of gun violence in our nation’s communities,” said Congresswoman Titus. “Since then, Reps. Fitzpatrick, Kildee, Trott and I have developed a bipartisan bill to regulate bump stocks or similar devices the same as machine guns and the deadliest of weapons. I believe the majority of Americans would agree: Anyone who wants a device that modifies a firearm to shoot hundreds of rounds per minute should undergo thorough background checks and oversight. Congress must take meaningful action to address this national epidemic. We cannot stand in silence any longer.”

“In the wake of the tragedy in Las Vegas, I promised my constituents that I would work on a legislative solution to close the loophole that allows legal semi-automatic firearms to be modified to perform like illegal fully-automatic weapons, and, today, my colleagues and I deliver. Most importantly, this bill ends the cycle of knee-jerk legislation, hastily thrown together in the wake of these all too common tragedies. Rather this is a proactive approach, that gives the ATF the regulatory flexibility it needs to hold these devices to the highest level of scrutiny while protecting Americans’ 2nd amendment right,” said Congressman Trott.

Gun Organizations Urge ATF to Complete Review before Legislation is Considered

Source: National Shooting Sports Foundation

The National Shooting Sports Foundation (NSSF) and The Sporting Arms and Sporting Arms and Ammunition Manufacturers' Institute (SAAMI) today issued the following joint statement.

Our thoughts and prayers continue to be with the families and loved ones of all those killed and injured in the criminal attack in Las Vegas. The manufacture, distribution and sale of automatic firearms and their components has been stringently regulated by federal laws since 1934. We believe the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) should interpret and enforce existing laws and regulations. We call upon ATF to conduct a prompt review and evaluation of aftermarket trigger activation devices such as bump stocks to determine whether they are lawful to install and use on a firearm under the National Firearms Act of 1934 (NFA), or whether, if they have no function or purpose other than to convert a conventional firearm into an automatic firearm, they are regulated items under the NFA. We urge Congress to allow ATF to complete its review before considering any legislation so that any policy decisions can be informed by the facts and ATF's analysis.

The National Association for Gun Rights opposes NRA-backed ban on firearm accessories

Source: The National Association for Gun Rights

Washington, D.C. - October 10, 2017 (The Ponder News) -- The National Association for Gun Rights is urging members of Congress to withhold their signatures from an anti-gun letter that is currently being circulated by Congressman Adam Kinzinger and Senator Dean Heller -- in concert with the NRA -- that calls for banning “bump stocks.”

The proposal outlined in the letter will not prevent future crimes or mass shootings, and will only lead to more federal destruction of constitutional rights.

If a gimmicky rifle stock can be banned, what’s next? Federal regulations on magazines, scopes, or bi-pods? A new round of restrictions on other features, like Senator Feinstein’s 1994 gun ban? A full resurrection of her so-called “Assault Weapons” Ban?

Make no mistake -- this is a red-herring, playing right into the hands of those who seek an open door to more federal regulations on firearms and accessories.

Despite the NRA’s endorsement of this ban, members of Congress are urged not to add fuel to this fire. The National Association for Gun Rights and its 4.5 million members and supporters will be carefully tracking and grading all support for the anti-gun Kinzinger letter, and all measures reflecting it in Congress.

Bump Stocks

Washington, D.C. - October 9, 2017 - (The Ponder News) -- Executive Director of Gun Owners of America (GOA) Erich Pratt issued the following statement on GOA's position on bump stocks:

"Gun Owners of America opposes a ban on bump stocks. Bump stocks were approved by the ATF during the Obama administration to help gun owners with disabilities fire their weapons.  Any type of ban will be ignored by criminals and only serve to disarm honest citizens.  Perhaps that’s why 91 percent of police believe a so-called “assault weapons” ban will have no effect or a negative effect on crime.  And given that 95 percent of cops think that a ban on large capacity magazines would be ineffective in reducing violent crime, it’s hard to imagine they would regard bump stocks any differently.

It's sad to see some Republicans quickly call for a vote on gun control, while delaying a vote on concealed carry reciprocity, H.R. 38. This is bipartisan legislation which will protect concealed carriers while they travel and which has been cosponsored by 212 law makers. If law makers want a vote on bump stocks, they should vote on reciprocity as well."

Many have called the Illinois State Rifle Association office regarding “bump stocks” and other such devices.  These devices were approved by the BATFE under President Obama and Attorney General Holder.  It is the Illinois State Rifle Association’s suggestion that the BATFE review their ruling, open up a comment period and re-address their ruling.

In response to the senseless attack in Las Vegas, the Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms have issued the following statement:

“The Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms support a productive dialogue concerning “bump stocks,” National Concealed Carry Reciprocity and the proposed Hearing Protection Act.

“We recognize that banning firearms accessories is not a solution to violent crime.”

Nelson sponsors bill to ban sale of ‘bump stocks’

Washington, D.C. - October 5, 2017 (The Ponder News) -- U.S. Sen. Bill Nelson (D-FL) has sponsored legislation to ban the sale of so-called “bump stocks” that can be used to increase the firing rate of a semi-automatic weapon, essentially converting it into a fully-automatic assault weapon.

While current law bans the sale, manufacture and transfer of most automatic weapons, the legislation Nelson filed today with Sen. Dianne Feinstein (D-CA) and others would close a current loophole in the law that allows semi-automatic weapons to be easily modified to fire at the same rate as automatic weapons.

“I’m a hunter and have owned guns my whole life,” Nelson said, “But these automatic weapons are not for hunting, they are for killing. And this commonsense bill would, at the very least, make it harder for someone to convert a semi-automatic rifle into what is essentially a fully-automatic machine gun.”

The legislation would ban the sale, transfer, importation, manufacture or possession of bump stocks, trigger cranks and similar accessories that accelerate a semi-automatic rifle’s rate of fire. While a typical semi-automatic rifle can fire at a rate of between 45 and 60 rounds per minute, a fully-automatic weapon can fire at a rate of 400 to 800 rounds per minute.

The bill makes clear that its intent is to target only those accessories that increase a semi-automatic rifle’s rate of fire. Legitimate accessories used by hunters would be exempt. The bill also contains exceptions for lawful possession of these devices by law enforcement and the government.