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GOA to file lawsuit protecting bump stocks and AR-15s

Gun Owners of America to File Suit 
Against ATF Bump Stock Ban

Dear Friend:

The Bureau of Alco­hol, Tobac­co, Firearms & Explo­sives (ATF) today announced its long-expect­ed reg­u­la­tions ban­ning bump stocks.

I want to assure you that Gun Own­ers of Amer­i­ca has already pre­pared a law­suit against the ATF and the Depart­ment of Jus­tice to seek an injunc­tion pro­tect­ing gun own­ers from these uncon­sti­tu­tion­al reg­u­la­tions.

We will be fil­ing our law­suit as soon as the ATF’s reg­u­la­tions are offi­cial­ly pub­lished.

As writ­ten, this case has impor­tant Sec­ond Amend­ment impli­ca­tions for gun own­ers.

After all, in the com­ing days, an esti­mat­ed half a mil­lion bump stock own­ers will have the dif­fi­cult deci­sion of either destroy­ing or sur­ren­der­ing their valu­able prop­er­ty — or else risk felony pros­e­cu­tion.

GOA will argue that courts should be high­ly sus­pect when an agency changes its “inter­pre­ta­tion” of a statute in order to impair the exer­cise of an enu­mer­at­ed con­sti­tu­tion­al right.

Help sup­port GOF’s law­suit against ATF. Every tax-deductible dol­lar you con­tribute to GOF right now will be auto­mat­i­cal­ly dou­bled, thanks to a very gen­er­ous GOA Life Mem­ber!

ATF Regulation threatens AR-15s and other semi-autos

The new ATF reg­u­la­tions would define bump stocks as “machine­guns” — and, down the road, the new def­i­n­i­tion could impli­cate the right to own AR-15’s and many oth­er semi-auto­mat­ic firearms.

ATF’s new bump stock reg­u­la­tion clear­ly vio­lates fed­er­al law, as bump stocks do not qual­i­fy as machine­guns under the fed­er­al statute.

More­over, bump stocks, which have been in cir­cu­la­tion for many years, have repeat­ed­ly been ruled by ATF as law­ful to own.

This ban was imposed through reg­u­la­tions because Con­gress has repeat­ed­ly refused to amend the law to ban them.

But the ATF has no author­i­ty to rad­i­cal­ly “re-inter­pret” a statute that is clear and unam­bigu­ous. To do so would allow agency reg­u­la­tions to over­turn the clear pro­vi­sions of statu­to­ry law.

Will AR-15s soon be deemed “machineguns”?

Statu­to­ry law is clear: Under 26 U.S.C. 5845(b), a “machine­gun” is a weapon which shoots “auto­mat­i­cal­ly more than one shot, with­out man­u­al reload­ing, by a sin­gle FUNCTION of a trig­ger.” (Empha­sis added.)

A firearm equipped with a “bump stock” uses the recoil of the firearm, cou­pled with for­ward pres­sure exert­ed by the shoot­er, to force the trig­ger to func­tion more quick­ly than it would nor­mal­ly. But the trig­ger is still required to func­tion each time a round is dis­charged. There­fore, the gun can­not be said to func­tion as a “machine­gun.”

Anoth­er prob­lem with the reg­u­la­tion is that it is over­ly broad and could lat­er be relied on to ban semi-auto­mat­ic firearms in the process of try­ing to ban “bump stocks.”

The ATF has pre­vi­ous­ly said that “[Bump stocks] con­vert an oth­er­wise semi­au­to­mat­ic firearm into a machine­gun…”

But hold on a minute. If the AR-15 becomes a “machine­gun” — or even if it is read­i­ly con­vert­ible into a “machine­gun” — then AR-15’s could even­tu­al­ly become ille­gal as well.

Think the ATF wouldn’t use this reg­u­la­tion to sum­mar­i­ly out­law semi-auto­mat­ics? Maybe not right now. But you can bet that the first anti-gun Demo­c­ra­t­ic pres­i­dent to win the White House will order the ATF to do so.

These reg­u­la­tions would deny hon­est Amer­i­cans the enjoy­ment of their Sec­ond Amend­ment-pro­tect­ed rights.

And so based on these objec­tions, Gun Own­ers of Amer­i­ca will short­ly file suit to over­turn the ille­gal, uncon­sti­tu­tion­al, polit­i­cal­ly moti­vat­ed action by ATF in out­law­ing “bump stocks.”

In clos­ing, I would ask two things:

1. For those who own or pos­sess a bump stock and want to con­tact ATF to turn in your bump stock, please real­ize that the ATF will like­ly direct own­ers to sign ATF For­fei­ture (Form ATF 3400.1) and/or Prop­er­ty Receipt (ATF 3400.23) forms.

You are not required to sign any form, but if you elect to do so, note the fol­low­ing.

The ATF For­fei­ture form is a waiv­er of your rights and releas­es ATF from all lia­bil­i­ty. So read the form — and talk to your own attor­ney if you are think­ing of sign­ing it! Even if a court lat­er decid­ed against ATF, a per­son who signed this form would have no claim.

Unlike the ATF For­fei­ture form, the Prop­er­ty Receipt form is sim­ply an acknowl­edge­ment that ATF has received your bump stock and you no longer pos­sess it. If you plan to turn it in, then get the ATF to sign this form as a receipt and you keep a copy.

2. For every­one who real­izes the free­dom impli­ca­tions of GOA’s case, please help sup­port the case finan­cial­ly. 

By going to this link here, your gift will be tax-deductible and will go direct­ly to help­ing pay for this case.

The costs are stag­ger­ing, as our attor­neys have already put in a lot of time and effort — find­ing the best dis­trict to bring a case and get­ting the most author­i­ta­tive wit­ness­es.

Not to men­tion, they’ve already start­ed coor­di­nat­ing with the plain­tiffs and research­ing the most effec­tive argu­ments to use.

So I want to thank you, in advance, for your help in this very impor­tant endeav­or.

In Lib­er­ty,

Erich Pratt
Exec­u­tive Direc­tor
Fol­low me on Twit­ter: @erichmpratt

P.S. Please help sup­port this bump stock case by giv­ing a gift to Gun Own­ers Foun­da­tion. And did you know that every dol­lar that you con­tribute to GOF is tax-deductible and will be auto­mat­i­cal­ly dou­bled for the rest of this month, thanks to a very gen­er­ous GOA Life Mem­ber! So thank you for giv­ing dur­ing this Match­ing Fund dri­ve.

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ER1C ☠

ER1C ☠

Dedicated Second Amendment Advocate, At-Home Gunsmith, Designer, Blogger, Video Guy, Author, Business Owner & ReloadOne Member.

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