Attorneys for Firearms Policy Coalition and Firearms Policy Foundation submitted over 900 pages of analysis and supporting exhibits, including a video that shows the actual operation of a “bump-stock-device” on an AR-15 type firearm, in an extensive opposition that shows the Trump Administration’s illegal proposed ban fails every test.

BACKGROUND

In ten letter rulings between 2008 and 2017, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) concluded that bump-stocks and some similar devices did not qualify as “machineguns” because they did not “automatically” shoot more than one shot with a single pull of the trigger.

On October 1, 2017, a terrorist used firearms in a premeditated attack on attendees of an outdoor concert in Las Vegas, Nevada, killing 58 people and injuring more.

On December 26, 2017, ATF published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register regarding the “Application of the Definition of Machinegun to ‘Bump Fire’ Stocks and Other Similar Devices” as an initial step in the process of substantively changing through fiat regulation the statutory definition of “machinegun” with the intent to ban bump-stock-type devices they previously ruled were legal to acquire, possess, and use.

On January 25, 2018, Firearms Policy Coalition (FPC) submitted comments responding to the ATF – an agency under the Department of Justice – Advance Notice of Proposed Rulemaking (ANPRM) in opposition to the “Application of the Definition of Machinegun to “Bump Fire” Stocks and Other Similar Devices.”

On February 20, 2018, President Donald Trump issued a memorandum to Attorney General Sessions directing the Department of Justice to initiate a regulatory action to ban “bump fire” stocks and similar devices. (83 Fed. Reg. 7949.)

On March 29, 2018, the ATF published its Notice of Proposed Rulemaking regarding a proposed ban on “Bump-Stock-Type Devices” in the Federal Register. (83 Fed. Reg. 13442.)

On June 19, 2018, attorneys at Firearms Industry Consulting Group submitted over 900 pages of analysis and documents, along with multiple video exhibits, on behalf of FPC and FPF (the “FPC Opposition”) in opposition to the ATF’s proposed rulemaking. In the FPC Opposition, and by separate letter to ATF Acting Director Thomas E. Brandon, FIGG (on behalf of FPC and FPF) demanded a hearing before any final rulemaking action pursuant to the right codified under 18 U.S.C. § 926(b).

The comment period for ATF rulemaking docket no. 2017R-22 will close on June 27, 2018, at midnight Eastern Daylight Time.

SUMMARY OF OPPOSITION ARGUMENTS

ATF’s Proposed Rulemaking (docket no. 2017R-22) is procedurally flawed and violates the Administrative Procedure Act (APA)
ATF’s proposed rule violates the Constitution in numerous ways, including:
- Art. I – Separation of Powers
- Art. I – Ex Post Facto Clause
- Fundamental, individual right to keep and bear arms protected under the Second Amendment
- Rights to due process, fair notice, and just compensation for the taking of property protected under the Fifth Amendment
ATF’s proposed rule exceeds its statutory authority
ATF’s proposed rule is arbitrary and capricious
ATF’s proposed rule is unconstitutionally vague
ATF failed to consider viable and precedential alternatives
ATF’s proposed rule is not supported by policy considerations
ATF’s proposed rule “should be withdrawn and summarily discarded, or, in the alternative, ATF should elect Alternative 1 and abandon the proposed rulemaking in its entirety.”

RELATED NEWS RELEASES

Oct. 6, 2017: Firearms Policy Coalition Repudiates Proposed Bans on Semi-Automatic Firearms and Accessories, Including “Bump Fire” Stocks - http://bit.ly/fpc-2017-10-6-bumpstocks

Jan. 25, 2018: FPC Says ATF ‘Bump Stock’ Regulation Proposal is “Illegal” - http://bit.ly/fpc-2018-1-25-bumpstock-ban-illegal

Feb. 20, 2018: FPC Calls President Trump’s ‘Bump Stock’ Ban “Lawless” - http://bit.ly/fpc-2018-2-20-trump-ban-lawless

Feb. 26, 2018: President Trump Says He Will ‘Write Out’ Bump Stocks Without Congress; Two Second Amendment Groups Initiate Legal Action to Oppose Ban - http://bit.ly/fpc-2018-2-26-trump-bumpstocks

June 27, 2018: Attorneys for FPC, FPF file 923-page opposition to ATF's illegal 'bump-stock' ban proposal, demand hearing - http://bit.ly/fpc-2018-6-27-bumpstock-regs-opposition