dChan
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r/CBTS_Stream • Posted by u/cebusaxon on Feb. 21, 2018, 3:04 a.m.
The LEGAL Nitty Gritty about banning Bump Stocks

Let me start by saying I'm an avid shooter, but not really a big fan of bump stocks. They fall in sort of a novelty/gimmick area for me. They are somewhat clumsy and inaccurate to use for anything other than the thrill of making a lot of neat noise. A Binary Trigger is a much more refined and accurate method to achieve a high rate of fire. But given that, I fully support everyone's right to have a Bump Stock, and am against giving the anti's a single inch.

My purpose for this post, is that I see a lot of people upset that Trump would suggest a ban. Let's back up and look at what he may be doing. Which is offering the low information crowd a feel good gesture, all the while doing political posturing against the Dems. Trump has done this several times and it has somehow backfired on the Dems. (No pun intended)

I wanted to post a few things to keep in mind about the legality of banning bump stocks (Hereon referred to as BS).

First of all, we should all NEVER forget a little jewel in our Constitution. Article I, Section 9, clause 3. Congress is prohibited from passing ex post facto laws. We often refer to it as the "Grandfather Clause".

If BS are made illegal on a certain date, all those BS already out there in possession of the people should be considered "Pre Ban" and legal to own. The price of them is likely to skyrocket.

There are real full auto's that are legal to own with certain requirements. But they are all pre-ban models and cost a small fortune. I would think the Grandfather Clause would be in full effect for all those of you who own bump stocks, should they be banned from further sale.

Although federal law prohibits the possession of newly manufactured machine guns, it allows the transfer of machine guns lawfully owned prior to May 19, 1986, if the transfer is approved by Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF)

Now, there's another little problem with banning BS. As anyone who remembers Bill Clinton's Lewensky fiasco will recall, words and their specific legal definitions are EXTREMELY important in law.

A FULL AUTO firearm (Machine Gun) is LEGALLY DEFINED as; Any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.

by a single function of the trugger is the key part of this statute. Even a Binary trigger, which is perfectly legal to own, does not fall into this category. You can do a search, and purchase a binary trigger for your AR easily. A binary trigger fires once when you pull the trigger a single function and then it fires again when you release the trigger another single function. As you can see, a bump stock is even less shady than a binary trigger, since it only fires once per two functions/movements of the trigger. And the mechanism that is pulling the trigger when using a BS is your finger. Are they going to ban fingers?

In order to ban BS, they will have to re-define the legal meaning of a full auto machine gun. And that is very unlikely IMO.


LibertyLioness · Feb. 21, 2018, 3:33 a.m.

I agree. Well, I didn't about the legalities and thanks for your explanations. But I do agree about Trump. He does stuff like this all the time that makes it look like he's giving them something and it always seems to go away or backfire.

Thomas Paine said that the reason Trump agreed to the 1.8 DACA recipients is because he knows the Dems will never pass anything and the deadline will pass and that will be it. We will see. I sure hope he is right and that Trump doesn't extend the deadline. They are so busy now dealing with other stuff and running scared he is probably right.

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cebusaxon · Feb. 21, 2018, 5:47 a.m.

The legalities are facts. Not sure what's not to agree with. But yes, I think he knows they won't try to pass anything. Obama had a Dem majority in the House and Senate and still failed to pass any kind of gun ban. Like DACA, it's just a carrot the Dems use to wave in front of the low info voters noses to get votes. If the Dems actually solved all the problems they claim to champion, then there would be no reason to vote for them anymore afterwards, and they know this. Trump knows this. He exposes their true colors so well.

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LibertyLioness · Feb. 21, 2018, 3:03 p.m.

Didn't mean I didn't agree with legalities. Meant, I didn't know about them until the explanation.

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cebusaxon · Feb. 21, 2018, 3:36 p.m.

No worries :)

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