Bump Stock Ban ruled illegal

[JoshIronshaft]

ATF Creates Arbitrary 90-Day Window to Return Bump Stocks to Owners

https://www.thetruthaboutguns.com/at...cks-to-owners/

ATF Creates Arbitrary 90-Day Window to Return Bump Stocks to Owners

Lee Williams - August 19, 2024

The ATF has started the embarrassing process of returning bump-stocks to their original owners after the U.S. Supreme Court ruled that the agency wrongfully determined they were machineguns, but only if the owners act within 90 days.

The ATF sent letters titled *Notice of Opportunity to Request Return of Bump Stock(s) in ATF Custody* last week. They include an address in Washington, D.C., and an email that the former owners can contact to arrange for the return of their property. Once the requests are processed, the letter states, *you will be contacted by someone from the local ATF field office to arrange retrieval of your bump stock(s).*

*In the interest of returning your item as soon as possible, please submit your claim form within 90 days of this letter,* the ATF states. *Bump stocks which remain unclaimed after that time may be considered unclaimed or abandoned and may be subject to disposal.*

Florida Carry, Inc., purchased an SSAR-15 bump stock from Slide Fire Solutions, Inc., for demonstration and educational purposes before the ban was enacted. It was surrendered to the ATF *under protest,* and Florida Carry became a co-plaintiff in Guedes v. ATF, along with the Firearms Policy Foundation, Damien Guedes, the Madison Society Foundation, Inc., and Shane Roden.

Florida Carry co-founder and co-executive director Sean Caranna was, once again, struck by the ATF*s arbitrariness in setting the 90-day deadline.

*Rather than simply returning people*s property, the ATF has established a bureaucratic and paperwork burden on law-abiding Americans in an attempt to run out the 90-day clock that the ATF has created without any statutory authority,* Caranna said. *Clearly, ATF leadership has learned nothing from the Supreme Court*s mandate that government agencies can*t make up new rules that are not expressly provided for by law.*

The ATF letter, which was sent last week to Florida Carry*s General Counsel, Eric Friday, cited the Supreme Court case Garland v. Cargill, stating: *The U.S. Supreme Court held that non-mechanical bump stock * a bump stock that relies on the forward pressure from the shooter*s non-trigger hand to force the rifle and trigger forward after recoil * is not a *machinegun* as defined in the National Firearms Act. Accordingly, you are hereby notified that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is currently in possession of the bump stocks described above in which you may have an interest.*

The ATF never mentioned how the High Court chastised them for flip-flopping on what constitutes a machine gun:

*For many years, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) consistently took the position that semiautomatic rifles equipped with bump stocks were not machineguns. ATF abruptly changed course when a gunman using semiautomatic rifles equipped with bump stocks fired hundreds of rounds into a crowd in Las Vegas, Nevada, killing 58 people and wounding over 500 more. ATF subsequently proposed a rule that would repudiate its previous guidance and amend its regulations to *clarify* that bump stocks are machineguns. ATF*s Rule ordered owners of bump stocks either to destroy or surrender them to ATF to avoid criminal prosecution,* the Justices wrote in their opinion.

More than a dozen states, including Florida, still prohibit possession of bump stocks. The ATF warns that the owners will be held responsible for complying with state and local laws once the device is returned.

By arbitrarily establishing the 90-day return window, the ATF has created an internal precedent that it will likely use when it is ordered to return other firearm accessories that were unconstitutionally seized by its agents, including pistol braces, aftermarket triggers and more.

[MikeinPhilly]

ATF Creates Arbitrary 90-Day Window to Return Bump Stocks to Owners

https://www.thetruthaboutguns.com/at...cks-to-owners/

ATF Creates Arbitrary 90-Day Window to Return Bump Stocks to Owners

Lee Williams - August 19, 2024

The ATF has started the embarrassing process of returning bump-stocks to their original owners after the U.S. Supreme Court ruled that the agency wrongfully determined they were machineguns, but only if the owners act within 90 days.

The ATF sent letters titled *Notice of Opportunity to Request Return of Bump Stock(s) in ATF Custody* last week. They include an address in Washington, D.C., and an email that the former owners can contact to arrange for the return of their property. Once the requests are processed, the letter states, *you will be contacted by someone from the local ATF field office to arrange retrieval of your bump stock(s).*

*In the interest of returning your item as soon as possible, please submit your claim form within 90 days of this letter,* the ATF states. *Bump stocks which remain unclaimed after that time may be considered unclaimed or abandoned and may be subject to disposal.*

Florida Carry, Inc., purchased an SSAR-15 bump stock from Slide Fire Solutions, Inc., for demonstration and educational purposes before the ban was enacted. It was surrendered to the ATF *under protest,* and Florida Carry became a co-plaintiff in Guedes v. ATF, along with the Firearms Policy Foundation, Damien Guedes, the Madison Society Foundation, Inc., and Shane Roden.

Florida Carry co-founder and co-executive director Sean Caranna was, once again, struck by the ATF*s arbitrariness in setting the 90-day deadline.

*Rather than simply returning people*s property, the ATF has established a bureaucratic and paperwork burden on law-abiding Americans in an attempt to run out the 90-day clock that the ATF has created without any statutory authority,* Caranna said. *Clearly, ATF leadership has learned nothing from the Supreme Court*s mandate that government agencies can*t make up new rules that are not expressly provided for by law.*

The ATF letter, which was sent last week to Florida Carry*s General Counsel, Eric Friday, cited the Supreme Court case Garland v. Cargill, stating: *The U.S. Supreme Court held that non-mechanical bump stock * a bump stock that relies on the forward pressure from the shooter*s non-trigger hand to force the rifle and trigger forward after recoil * is not a *machinegun* as defined in the National Firearms Act. Accordingly, you are hereby notified that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is currently in possession of the bump stocks described above in which you may have an interest.*

The ATF never mentioned how the High Court chastised them for flip-flopping on what constitutes a machine gun:

*For many years, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) consistently took the position that semiautomatic rifles equipped with bump stocks were not machineguns. ATF abruptly changed course when a gunman using semiautomatic rifles equipped with bump stocks fired hundreds of rounds into a crowd in Las Vegas, Nevada, killing 58 people and wounding over 500 more. ATF subsequently proposed a rule that would repudiate its previous guidance and amend its regulations to *clarify* that bump stocks are machineguns. ATF*s Rule ordered owners of bump stocks either to destroy or surrender them to ATF to avoid criminal prosecution,* the Justices wrote in their opinion.

More than a dozen states, including Florida, still prohibit possession of bump stocks. The ATF warns that the owners will be held responsible for complying with state and local laws once the device is returned.

By arbitrarily establishing the 90-day return window, the ATF has created an internal precedent that it will likely use when it is ordered to return other firearm accessories that were unconstitutionally seized by its agents, including pistol braces, aftermarket triggers and more.

I'm surprised they didn't destroy them as soon as they got their hands on them. Also being the example of efficiency & accuracy what are they going to do when they can't located YOUR stock? I foresee this costing taxpayers a lot of $$$ to compensate owners for missing items.

[Emptymag]

I would tell them to stick it up their fucking ass.

Nice. Not only did people get on a list when they "turned them in", they get on an even worse list by asking for their stuff back.

Pass.

[bogey1]

Someone here has a brand new INB for 100.00

[Qtrborecrazy]

I'm surprised they didn't destroy them as soon as they got their hands on them. Also being the example of efficiency & accuracy what are they going to do when they can't located YOUR stock? I foresee this costing taxpayers a lot of $$$ to compensate owners for missing items.

Who says they didn't??

[Walleye Hunter]

Who says they didn't??

I don't know how many were turned in but I don't see them being properly identified and stored in a manner that they can easily retrieve everyone's.

[sbmania]

FWIW, a somewhat distant acquaintance is married to an ATF agent. Some years back, we got on the subject of bumpstocks and she indicated the ATF was going to some trouble keeping records of turned in bumpstocks and their owners. She said they were aware that they might one day have to return them and would need to be able to identify what went where. Sounded to me like none were destroyed when received but rather put in storage.

[Bang]

Trying to imagine the personnel assigned, storage space, record generation/keeping, portion of cost to taxpayers...all that stuff, doing .00000001 percent for a safer society.

[JasonLund]

Trying to imagine the personnel assigned, storage space, record generation/keeping, portion of cost to taxpayers...all that stuff, doing .00000001 percent for a safer society.

Drive by any medium sized PennDOT project