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ATF Looking to Reclassify Bump Stocks After Approving Them

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All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.  –Article I, US Constitution

Following the Las Vegas shooting, bump stocks came under attack, even though you can bump fire a semi-automatic rifle without a bump stock.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE; ATF) approved bump stocks as accessories under the Obama administration, not that they really needed to as our Constitution is clear about not infringing on the rights of the people to keep and bear arms, including machine guns and rifles with bump stocks, thus the general “arms” term was used.

Now, however, the ATF is reviewing how to classify bump stocks, and this seems to be at the direction of the Justice Department.

On December 5, 2017, the Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced today that it has begun the process of promulgating a federal regulation interpreting the definition of “machinegun” under federal law to clarify whether certain bump stock devices fall within that definition.

This is happening under the Trump administration and a Republican AG, not a Democrat one, not Obama and not Holder.  These are people who said they support the rights you have and they are to protect under the Second Amendment!

“The Department of Justice has the duty to enforce our laws, protect our rights, and keep the American people safe,” Attorney General Sessions said. “Possessing firearm parts that are used exclusively in converting a weapon into a machine gun is illegal, except for certain limited circumstances. Today we begin the process of determining whether or not bump stocks are covered by this prohibition. We will go through the regulatory process that is required by law and we will be attentive to input from the public. This Department is serious about firearms offenses, as shown by the dramatic increase in firearms prosecutions this year. The regulatory clarification we begin today will help us to continue to protect the American people by carrying out the laws duly enacted by our representatives in Congress.”

Several things here.  You protect rights by meting out justice, not infringing on those rights.

Second, the DOJ does not have the duty to “keep the American people safe.”   They have the duty to bring justice upon the guilty, nothing more.

Third, machine guns are technically “arms,” which, according to our Consitution, we don’t need a permit nor a grant from government to possess, yet, they usurp that authority to control us, while they build a standing army (something our forefathers didn’t want) and equip them and those engaged in enforcement of the law with those same weapons against the people.

At the time this was begun, the DOJ issued this statement.

ATF has taken the initial step in this regulatory process by drafting an Advanced Notice of Proposed Rulemaking (ANPRM) and submitting it to the Office of Management and Budget. The ANPRM will provide the public and industry the opportunity to submit formal comments to ATF about bump stocks to inform ATF’s decision regarding further steps in the rulemaking process. The federal rulemaking process follows procedures required by the Administrative Procedure Act (APA). ATF and the Department will proceed in accordance with this process as quickly as possible.

The National Firearms Act of 1934 (NFA) and Gun Control Act of 1968 (GCA) strictly regulate the possession and transfer of machineguns, making it unlawful for any person to possess a machinegun that was not lawfully possessed prior to the statute’s effective date. Manufacturers and inventors may voluntarily submit devices to ATF for a “classification,” that is, a determination as to whether the device is considered a firearm or machinegun under federal law.  If a device is not classified as a firearm or machinegun, it is deemed to be a part or accessory that is not subject to regulation by ATF.

Not once is the Second Amendment cited.  Not once is Article I cited as to who has the power to legislate, and what they may and may not legislate on.  Instead, unconstitutional legislation that mirrors the gun laws of Nazi Germany, laws that did not exist in America until the 20th centuries, and I might add, they are pretended laws because they are not rooted in the Creator’s laws.

In commenting on the issue of these pieces of legislation and machine guns, Chris Eger at Guns.com writes, “Noting that when the National Firearms Act was established in 1934 — regulating machine gun ownership, possession and use — there were just a “handful” of guns classified as machine guns in circulation, the agency goes on to say that times have changed.”

13-page ANPRM, set to be officially published to the Federal Register the day after Christmas (see it happens under cover of darkness in Republican administration’s too) as it stands would open a 30-day window for comments on the subject from the public.

“This ANPRM is the initial step in a regulatory process to interpret the definition of machine gun to clarify whether certain bump stock devices fall within that definition,” said the agency. “If, in a subsequent rulemaking, the definition of machine gun under section 5845 (b) is interpreted to include certain bump stock devices, ATF would then have a basis to re-examine its prior classification and rulings.”

In the end, Congress does not possess constitutional authority to restrict or regulate arms of any kind, and the ATF has no authority to legislate anything.  Therefore, this entire fiasco is unconstitutional.  Someone needs to say it, so I thought I would.

Finally, in advancing the Second Amendment into the new year, I invite you to enter to win this Kriss Vector CRB G2 semi-automatic rifle.  Click the picture below for multiple entries.

Tim Brown

Tim Brown is a Christian and lover of liberty, a husband to his "more precious than rubies" wife, father of 10 "mighty arrows" and jack of all trades. He lives in the US-Occupied State of South Carolina, is the Editor at SonsOfLibertyMedia.com, GunsInTheNews.com and TheWashingtonStandard.com. and SettingBrushfires.com; and also broadcasts on The Sons of Liberty radio weekdays at 6am EST and Saturdays at 8am EST. Follow Tim on Twitter. Also check him out on Gab, Minds, and USALife.
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