I interrupt a blogging break for this breaking news.

It appears that the Department of Justice is about to ban bump stocks. I say about to because the Final Action is slated for the imaginary date of 12/00/2018. The new rule:

This rule is intended to clarify that the statutory definition of machinegun includes certain devices (i.e., bump-stock-type devices) that, when affixed to a firearm, allow that firearm to fire automatically with a single function of the trigger, such that they are subject to regulation under the National Firearms Act (NFA) and the Gun Control Act (GCA). The rule will amend 27 CFR 447.11, 478.11, and 479.11 to clarify that bump-stock-type devices are machineguns as defined by the NFA and GCA because such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger. Specifically, these devices convert an otherwise semiautomatic firearm into a machinegun by functioning as a self-acting or self-regulating mechanism that harnesses the recoil energy of the semiautomatic firearm in a manner that allows the trigger to reset and continue firing without additional physical manipulation of the trigger by the shooter.

This is nonsense because the assertion that allow that firearm to fire automatically with a single function of the trigger is demonstrably false. This should require a law passed by congress, which this rule unironically acknowledges. And then there’s the analysis of the rule’s economic impact being significant:

The rule will be “economically significant,” that is, the rule will have an annual effect on the economy of $100 million, or adversely affect in a material way the economy, a sector of the economy, the environment, public health or safety or State, local or tribal governments or communities. ATF estimates the total cost of this rule at $320.9 million over 10 years. The total 7% discount cost is estimated at $234.1 million, and the discounted costs would be $39.6 million and $39.2 million annualized at 3% and 7% respectively. The estimate includes costs to the public for loss of property ($102,470,977); costs of forgone future production and sales ($213,031,753); and costs for disposal ($5,448,330). Unquantified costs include lost employment, notification to bump-stock-type device owners of the need to destroy the bump-stock-type devices, and loss of future usage by the owners of bump-stock-type devices. ATF did not calculate any cost savings for this final rule. It is anticipated that the rule will cost $129,222,483 million in the first year (the year with the highest costs). This cost includes the first-year cost to destroy or modify all existing bump-stock-type devices, including unsellable inventory and opportunity cost of time.

They are willing to destroy a lot of economic value and make a lot of people criminals with an arbitrary and unlawful ruling. So, all you folks who bought bump stocks, what are you going to do when this thing passes?

Joe:

The government thinks interpretation of firearm law by the ATF and distributed to the public is too confusing for a jury to understand when explained to them by two or more lawyers. And they will prosecute individuals who violate the privately held interpretation of the prosecutor and suppress any interpretation publicly distributed by the ATF.

The ATF charged a man, who had a pistol brace on his rifle, for possessing a short barreled rifle. The man was following their ruling.

Fox:

Vietnam War hero sentenced to 7 years for decades-old rifle purchase: report

It’s a pretty heart-wrenching story, to be sure. But there is no NFA exception for 70 year old veterans.

Tom Fitton on NRA TV: Obama ATF Tried to Do End-Run Around 2nd Amendment by Banning Ammo

A year after Vegas shooting, ATF emails reveal blame, alarm over bump stocks.

ATF stated they were suddenly thrown into the political by NRA, who pointed out they were ATF approved.

People put forth a lot of time and effort in getting around NFA laws. The latest is the bicep brace:

Basically, because some gun laws ban things “that are shouldered”, this, and the arm braces before them, get around the whole shouldering thing. It’s ATF approved.

More info here.

It’s often asserted by the anti-gun side that guns used in crimes in states with strict gun control mostly come from out of state. In fact, the anti-gunners made up the term “iron pipeline” to refer to this. Turns out:

ATF finds nearly half of guns traced last year in Maryland were bought locally

From a poster at subguns.com:

send a FOIA request to ATF for the registration history of my pre-86 MGs, just in case. Included the address for NFA branch and my serial and model numbers in the request, just in case my request was assigned to an idiot.

Got a response today, signed by the head of the disclosure division, clearly, unambiguously, and twice stating that ATF has not maintained any data on any registration of any firearms since 1979, none, and since ATF has no firearms registration data, at all, my request is denied.

I’d like to see the FOIA. I’m not an expert on NFA firearms law but, as I understand it, ATF maintains the National Firearms Registration and Transfer Record. If there saying there is no such record, that would be kind of a big deal.

Apparently, ATF was not allowed to inspect the shooter’s weapons. This, according to Len Savage, is not good:

ATF did not disclose that they had not examined the firearms prior to promulgating the rule, firearms designer and Historic Arms, LLC President Len Savage notes. And now that the comment period is closed should they go forward with this rule under the Administrative Procedure Act that information can not be used in a court challenge because it was not submitted prior to closing of comments.

DOJ is manipulating the APA to make sure that information will NOT be used to shoot down the rule, Savage concludes. Does ATF prosecute its firearms cases like it promulgates rules, without ever looking at the evidence? ATF is currently attempting to criminalize an industry and a large swath of the population and NEVER looked at any evidence? They claim they were not allowed’? By whom?

But in case you don’t: The ATF Explains the Law Surrounding 3D-Printed Guns

Hint, there really aren’t any.

ATF has determined that bolt action .50 caliber upper receivers for AR-15s are firearms. Technically, I don’t think they are wrong.

Today is the last day to comment on the proposed changes. You can comment here.

ATF is looking like it will reverse it’s 10 previous rulings that these are not machine guns, at the direction of Trump and Sessions. And they’re doing so by disregarding the law.

What’s with these guys?

Barack Obama weaponized the government for use against his political opponents. The IRS, Operation Chokepoint, Consumer Financial Protection Bureau, etc. He was, of course, planning on handing that over to Hillary. Oops.

Apparently, weaponizing the government is just what democrats do: Unable to Ban Guns, Lawmakers Want to Weaponize the ATF Against Gun Dealers

As to their big plan:

Ostensibly, the “Keeping Gun Dealers Honest Act” (a name that maintains the congressional tradition of pompous bullshit) is aimed at “gun dealers who engage in illegal sales practices,” which is to say it’s supposed to make it more illegal to do illegal stuff. This isn’t a new practiceRepresentatives Ted Deutch (D Fla), Jim Langevin (D R.I.), and Gwen Moore (D Wis.) are hardly alone among lawmakers in thinking that what the country with the highest incarceration rate in the world (although we should take a few countries’ official numbers with a grain of salt) needs is more people behind bars. And these three are also in good company in thinking that augmenting legal penalties with arbitrary harassment is the key to a better world.

Let’s make it illegaler!

In a reversal of past interpretation, they are now saying guns with braces on folding stocks are Any Other Weapons.

ATF can’t keep the gun laws straight.

The CSM: With lack of incentives, few Americans are giving up their bump stocks

Why would they?

Of course, if the proposed federal ban on them, in which the bureaucracy is making up law from nothing, goes through, a lot more people will be ex post facto criminals.

IIRC, after ATF arbitrarily decided to ban the Akins Accelerator, they got a warrant for the sales records from the company. Then mailed letters to those who had purchased them to remove a spring. So, did you buy a Slidfire? They’ve shut down by the way. I did. Did you pay cash? I didn’t. So, I imagine at some point in the future, presuming the ban goes through, I’ll get such a letter.

I plan on turning mine over to my attorney while we discuss legal options.

ATF lost track of at least 31,000 rounds of ammo.

But I doubt it will go anywhere: Yes, The ATF ARE Investigating The Dumb Anti-Gun Virginia Candidate Who Sawed The Barrel Of An AR-15

The Justice Department wants more money so ATF can process NFA paperwork faster. And I’m sure the always think forfeiture crowd will only use the money for that.

New Gun Bill Would Mandate Reporting of Buyers Blocked by Background Check:

A bipartisan group of senators today unveiled legislation requiring federal authorities to notify state law enforcement officials when a person barred from purchasing a gun attempts to do so.

Shouldn’t they maybe inform the ATF?

Some idiot decided to destroy his AR-15 after the Florida shooting to keep a gun off the street or something. The problem for this guy is that he just cut the barrel. That gun can still fire. But it won’t cycle. So he has, inadvertently, made a short barreled rifle, which is illegal.

At least this other idiot did it right.

I laughed. That that could be a serious philosophical exercise shows how silly gun regulations and laws are.

The Trace, on noting that only 13% of respondents to ATF’s bumpstock request support gun control, gets a little butthurt:

The results of our analysis showcase a paradox of the gun debate. While widespread public support exists for many gun regulations and policies from bump stocks to background checks pro-gun advocates are significantly more active than their counterparts when it comes to engaging politicians and government agencies.

That’s because our side actually has a grassroots movement. You don’t. People are passionate about rights. Less so about infringing on them.

Charged with selling armor piercing ammo to the shooter. Looks more like a technical sort of violation and not any ill intent.

They have to do something. This is something. So it must be done.

Means the ATF didn’t attend SHOT. Heh.

The Trump admin plans to strip the alcohol and tobacco enforcement powers of ATF.

Heh

The ATF has proposed a rule to ban bump stocks at the Federal Register. They would like comments from industry types and gun owners. You can submit your comment here.

The ATF is looking to classify bump stocks as machine guns:

Tomorrow, ATF will publish an Advance Notice of Proposed Rulemaking regarding the application of the definition of machinegun to Bump Fire stocks and other similar devices. As many have feared, it appears that the regulatory agency is soliciting information to help draft a rule which may potentially lump bump fire stocks, binary triggers, etc., within the definition of machinegun.

The law is the law until they say it’s not.