Grandfathering for Bump Stocks or Binary Triggers

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  • md_al

    Active Member
    Apr 25, 2014
    724
    Middle River
    So getting grandfathered is non-existent since the ATF is not granting approval?
     

    Qbeam

    Ultimate Member
    Apr 16, 2008
    6,083
    Georgia
    So tbe law cannot be complied with, so this is a de facto ban, and therefore needs a lawsuit pending the federal action on the bumpstocks? Does the federal action include binary triggers as well? If not, can a lawsuit be filed now, or do we have to wait for 10/01/18?


    Q
     

    PowPow

    Where's the beef?
    Nov 22, 2012
    4,713
    Howard County
    So tbe law cannot be complied with, so this is a de facto ban, and therefore needs a lawsuit pending the federal action on the bumpstocks? Does the federal action include binary triggers as well? If not, can a lawsuit be filed now, or do we have to wait for 10/01/18?


    Q

    The proposed ATF action does not cover binary triggers - only bump stocks. At least the way I read it.
     

    Qbeam

    Ultimate Member
    Apr 16, 2008
    6,083
    Georgia
    So a lawsuit with binary triggers could be started, and possibly be used as support for bumpstocks if they are not made illegal on the federal level?


    Q
     

    PowPow

    Where's the beef?
    Nov 22, 2012
    4,713
    Howard County
    I don't think the BATFE rule change can be enacted anyway. They can't change the law as written with a regulation - especially one so obviously different in definition. One action of the trigger vs. one pull. Action and pull are not the same thing. The law specifies action. The proposed rule change essentially attempts to craft a justification for substituting "action" with "pull". Nice try, but that ain't gonna pass muster in the courts.
     

    GeorgeSSR

    Active Member
    Jan 31, 2009
    196
    Bump. If you are an owner of a "rapid fire trigger activator" and NOT a member of MSI, please be aware that MSI cannot act on behalf of your interests in litigation.

    Once you're a member does that mean you're covered by any MSI action or must you opt-in?
     

    jkeys

    Active Member
    Jan 30, 2013
    668
    I know the ACLU hates the 2nd ammendment, but anyone think they might be interested in helping due to the relationship of the issue to the takings clause?
     

    deesly1

    Active Member
    Nov 16, 2011
    412
    What bothers me about this bill is that the gap between Oct 1st, 2018 and Oct 1, 2019. It is like they know that the law is gonna change federally and that they are gonna have the Federal government on their side by 2019. Why the gap! It does not make sense. In the bill requirements for grandfathering: part (1) we are in compliance, Part (3) we are in compliance, and Part (2) does not exist.

    Question: can a law be in-acted that cannot be reasonably followed constitutional?
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,164
    Anne Arundel County
    What bothers me about this bill is that the gap between Oct 1st, 2018 and Oct 1, 2019. It is like they know that the law is gonna change federally and that they are gonna have the Federal government on their side by 2019. Why the gap! It does not make sense. In the bill requirements for grandfathering: part (1) we are in compliance, Part (3) we are in compliance, and Part (2) does not exist.

    Question: can a law be in-acted that cannot be reasonably followed constitutional?

    From MGA's perspective, the law can be complied with by not possessing a bump stock. I doubt the authors of the bill put as much thought into the wording as folks in these forums are.
     

    EL1227

    R.I.P.
    Patriot Picket
    Nov 14, 2010
    20,274
    What bothers me about this bill is that the gap between Oct 1st, 2018 and Oct 1, 2019. It is like they know that the law is gonna change federally and that they are gonna have the Federal government on their side by 2019. Why the gap! It does not make sense. In the bill requirements for grandfathering: part (1) we are in compliance, Part (3) we are in compliance, and Part (2) does not exist.

    Question: can a law be in-acted that cannot be reasonably followed constitutional?

    They are betting on a DemocRAT takeover in Congress.

    Vote wisely in November.
     

    EL1227

    R.I.P.
    Patriot Picket
    Nov 14, 2010
    20,274
    From MGA's perspective, the law can be complied with by not possessing a bump stock. I doubt the authors of the bill put as much thought into the wording as folks in these forums are.

    David Moon wrote most of it ...

     

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    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    They are betting on a DemocRAT takeover in Congress.

    Vote wisely in November.

    It has nothing to do with congress. It's the Trump / Sessions Justice Department and the ATF.

    I was told directly by one of the Reps that the authors of this law went around telling everyone that since Trump has told Sessions to tell the ATF to find a way to make bumpstocks illegal that by the time this would take effect in 2019 that ATF would have ruled on it and they'd be Federally illegal anyhow.

    ATF has published their Notice of Proposed Rule Making which would make all bumpstocks into illegal post-1986 machineguns which will need to be destroyed.
     

    EL1227

    R.I.P.
    Patriot Picket
    Nov 14, 2010
    20,274
    It has nothing to do with congress. It's the Trump / Sessions Justice Department and the ATF.

    I was told directly by one of the Reps that the authors of this law went around telling everyone that since Trump has told Sessions to tell the ATF to find a way to make bumpstocks illegal that by the time this would take effect in 2019 that ATF would have ruled on it and they'd be Federally illegal anyhow.

    ATF has published their Notice of Proposed Rule Making which would make all bumpstocks into illegal post-1986 machineguns which will need to be destroyed.

    Agreed, but Congress will also act if the DemocRATs get a majority. ATF rules can change, but laws would need to be challenged in court. Given Vegas, as well as the school shootings, 2018 is a go-for-broke year for the gun-grabbers. If they can't get elected on gun-control now, they never will.

    I repeat ... Vote wisely in November
     

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