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« Gun ownership and firearm-related homicide rates | Main | "They Shall Not Grow Old" »

Lawsuit filed today, challenging bumpstock ban

Posted by David Hardy · 27 December 2018 04:16 PM

Complaint here. Filed in the District for the District of Columbia, a good choice since most of the attack is over the Administrative Procedure Act, and in the DDC they know that and take it seriously; most other federal courts see such challenges rarely and know little about it. Lead plaintiff, blogger David Codrea, actually has an Atkins Accelerator, which ATF had ruled in its original form was an MG, required that certain changes be made in them in order to make them not an MG, and now is ruling that even with the changes they are an MG.

Interesting points on a quick read: para 16, ATF has ruled at least ten times that a bumpstock is not an MG. Para 19-20, the rule making says bumpstocks were used in the Las Vegas killings, yet FBI has refused a FOIA request for just that data. Para 22, FBI refused to let ATF examine the guns that were used to see what their firing mechanisms were like. Para 55 & 84 ff. challenges the status of the Acting Attorney General who signed the rule.

2 Comments | Leave a comment

Bill | December 28, 2018 8:01 AM | Reply

Listening to Tom Gresham's Gun Talk this weekend a caller brought up a similar point that the use of bump stock in the massacre in Las Vegas had not been legally proven in a court of law or through a Grand Jury. Maybe the caller was onto something.

Big Bubba | December 29, 2018 12:44 PM | Reply

I have been vilified and cursed for saying "...don't give (the anti gunners) an inch..."!
James Cah-ville (Carville, democratic strategist for WJC) used to say "gun control is a campaign killer!"
No longer!
Now, along with gay rights, healthcare, the border and minimum wage, gun control is becoming part of the liberal manifesto!

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