2A and Bump Stocks

Submitted by John Lovin

The Second Amendment does not confer upon the people the right to keep and bear arms; it is one of the provisions of the Constitution which, recognizing the prior existence of a certain right, declares that it shall not be infringed by Congress. Thus the right to keep and bear arms is not a right granted by the Constitution and therefore is not dependant upon that instrument for its source. United States v. Cruikshank, 92 U. S. 542, 543; Presser v. Illinois, 116 U. S. 252, 265; Robertson v. Baldwin, 165 U. S. 275, 281.

  The right to keep and bear arms is a God given right that shall not be Infringed.

 How may the federal government legally infringe upon our right to own bump stocks? In US v Miller 307 US 134, the US Supreme Court ruled that

 

Congress has the power to tax items but not to ban them. That case involved the $200 NFA tax stamp on short shotguns A ban requires the Constitution be amended such as the 18th amendment,  banning alcohol. On may 19th 1986 the federal government stopped accepting the $200 tax for new machine guns. How May they restrict bump stocks without a ban or tax?

 

 Who conferred upon the BATFE the authority to pass legislation? In the matter of a bump stock prohibition Ex post facto legislation. Regarding the firearms supposedly converted to a post May 19th 1986 NFA machine guns by the addition of rate of fire increasing devices or would the BATF suspend the Hughes amendment for the period prior to a ban taking effect? Also the BATF would be legislating, the taking property without compensation.

Is the BATFE now also authorized to amend or rewrite the constitution?

May they now place prohibitions on alcohol, tobacco or firearms “bump stocks”,without a constitutional amendment?

 

 A “bump stock” uses a semi automatic’s recoil to bring the trigger into contact with the shooter’s finger. Thus, in a sense, the trigger pulls the finger, rather than vice versa. That said, every round is discharged as the result of a discrete and independent pull of the trigger -- at the expense of any accuracy. A ban may be counterproductive.  Had the Las Vegas shooter not used bump stocks and instead taken time to accurately aim each shot. Almost certainly more lives would have been lost.

 

It is simply untrue that the “bump stock” facilitates the discharge of more than one round “by a single function of the trigger” -- no matter how fast or slow the gun discharges rounds. One pull, one discharge. This is the classic textbook definition of a SEMI automatic so no post 1986 NFA weapon is manufactured.

 

 No baseline standard rate of fire exists for semi automatic firearms. It simply fires one each time the trigger is pressed.How may an increased rate of fire be determined. Without a standard rate to measure from?

 

  The idea of banning rate if fire increasing devises is open ended and would leave a great deal of discretion up to the state. With many chances to overreach and almost certainly the eventual banning of all semi auto firearms.  

 Many devices increase the rate of fire, some as simple as installing a lighter trigger, a lighter bolt carrier, a lighter slide, polishing the sear, ammo loaded with less powder, stronger bolt carrier springs or several other parts modifications.

 

With practice, many semi automatic pistols, shotguns or rifles, can be fired at a rate or fire approaching full auto without using any device.

Is there to be a Rounds Per Minute speed limit? If one exceeds the RPM speed limit, dose the firearm at that instant  become an NFA weapon and the owner a felon?  

We must resist media fear mongering and hype. Rights the Federal Government may not infringe upon, we should not infringe upon!

 

 Sensible legislation is needed. Such as  Constitutional carry, reasonable firearms legislation, that could curb crime. It is now law in West Virginia, Vermont, Missouri, Mane, Kansas, Idaho, Alaska, Wyoming, Arizona, and Mississippi. This legislation is being considered in twenty states, Georgia,Tennessee, Virginia, and New Jersey. We need to consider passing it also.

 

This information was submitted by John Lovin.  Thank you! 

 
 
 
 
 
 

 

 

Hi John, This is great!!  Thank you.  I will definitely pass this on and post.

 
Any word on confirming Michele coming on the 7th of April?  Love to have her join the conversation from Raleigh perspective and report what's going on.  Please stay in touch.  Let me know ASAP so I can include in the next press release.  Jane 29 986 3845  🙂  
 

-- 

Jane Bilello     

Wall of Honor Heritage Sentinel

FreedomWorks Super Activist                                               

Chairman 

Asheville Tea Party www.ashevilleteaparty.org

Asheville Tea PAC www.ashevilleteapac.org

 

Email:  Jane@AshevilleTeaParty.org

 

"If ever a time should come, when vain and aspiring men shall possess the highest seats in overnment, our country will stand in need of its most experienced patriots to prevent its ruin."  Samuel Adams, 1776.  

That time has come!  JB