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The federal ban on bump stocks—devices that increase the rate of fire for semiautomatic weapons—is likely unlawful and must be put on hold, a divided Sixth Circuit said Thursday.
Bump stocks harness a gun’s recoil energy to rapidly move the firearm back and forth, bumping the shooter’s stationary finger against the trigger. In the wake of the 2017 Las Vegas mass shooting, in which a gunman using semiautomatic rifles with bump stocks killed 58 people, President Donald Trump ordered the Justice Department to quickly ban “all devices that turn legal weapons into machineguns.”
Federal law generally bans civilian ownership of machine guns manufactured after May 1986, including any parts used to convert an otherwise legal firearm into an illegal machine gun. It defines a machine gun as a weapon which fires “automatically more than one shot, without manual reloading, by a single function of the trigger.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives issued a rule reinterpreting the terms “single function of the trigger” and “automatically” to ban bump stocks.
The group Gun Owners of America and others sued, claiming the rule violated the Administrative Procedure Act, the Fifth Amendment’s takings clause, and the 14th Amendment’s right to due process.
A lower court should have granted the plaintiffs’ request for a preliminary injunction against the rule, because they’ll likely be able to prove that the bump stock ban is unlawful, the U.S. Court of Appeals for the Sixth Circuit said.
Speaking from the White House Tuesday afternoon, President Joe Biden admitted he doesn’t know or have all of the facts about the shooting that took place in Boulder, Colorado Monday night. Regardless, he called for additional infringement on the Second Amendment rights of law abiding Americans.
“I want to be very clear. This is the one thing I do know enough to say on in terms of what’s happened there. While we are still waiting for more information regarding the shooter, his motive, the weapons he used, the guns, the magazines, the weapons, the modifications that apparently have taken place with those weapons involved here, I don’t need to wait another minute, let alone an hour, to take common sense steps to save lives in the future and to urge my colleagues in the House and Seante to act,” Biden said. “We can ban assault weapons and high capacity magazines in this country once again. I got that done when I was a Senator. It passed, it was the law for the longest time…we should do it again.”

White House press secretary Jen Psaki confirmed Friday that President Joe Biden intends to sign executive orders instituting increased gun control.
“Yes,” Psaki flatly stated in response to a question on the subject during Friday’s press briefing. “I can’t give you an exact time frame in part, because they have to go through a review process, which is something that we do from here.”
“I will note that when we, when the president was the vice president in the Obama-Biden administration, he helped put in place twenty three executive actions to combat gun violence,” she continued. “It’s one of the levers that we can use that any federal government, any president, can use to help address the prevalence of gun violence and address community safety around the country.”
As the Biden administration launches a new push for gun control, Vice President Kamala Harris insists that nobody’s “coming after your guns.” With Harris on record saying the exact opposite, will anyone believe her?
Speaking to CBS News on Wednesday, Harris urged Congress to pass a pair of bills that would strengthen background checks for weapon purchases. The bills were recently passed by the Democrat-controlled House, but need a 60-vote majority in the Senate. With control of the Senate split 50-50 between Democrats and Republicans, they are unlikely to pass, even after two high-profile mass shootings in the past two weeks.
Harris scolded Republicans who equate gun control with “getting rid of the Second Amendment,” telling them to “stop pushing the false choice that this means everybody’s trying to come after your guns, that is not what we’re talking about.”
Harris’ appeal echoes President Biden’s call for “common sense” gun laws, a call he made on Tuesday, one day after alleged gunman Ahmad Al Aliwi Al-Issa murdered 10 people in a grocery store in Boulder, Colorado.
However, gun owners and Second Amendment advocates are unlikely to be moved by her promise not to “come after” their guns. For one thing, Joe Biden explicitly vowed on the campaign trail to rid America of “assault weapons,” a term ascribed by Democrats to hundreds of weapons, from certain shotguns to pistols to the ubiquitous AR-15 rifle. Asked in 2019 by CNN’s Anderson Cooper if “a Biden administration… will come for my guns?” Biden answered: “Bingo, you’re right if you have an assault weapon… they should be illegal, period.”
Several of the top people in President Joe Biden’s administration – including Vice President Kamala Harris – want mandatory gun buybacks and have said they support seizing so-called “assault weapons.”
President Joe Biden has called for voluntary gun buyback programs and forcing weapons owners to register “assault weapons” under the National Firearms Act, FOX News reported.
Vice President Harris has said she would support mandatory gun buybacks that would force Americans to surrender certain weapons in exchange for money, Bloomberg reported.
“I think it’s a good idea,” she said when asked about mandatory buybacks.
White House Press Secretary Jen Psaki, Deputy Chief of Staff Jennifer O’Malley Dillon, and Cedric Richmond, director of the Office of Public Engagement, all said before they were hired that they supported forcing U.S. citizens to surrender some firearms, FOX News reported.
“That’s something I would not rule out. These are weapons of mass destruction,” Richmond said in 2019 when he was asked about mandatory buybacks.
He was a congressman from Louisiana at the time he made the remarks, according to FOX News.
“So if it is a buyback, then I’m all for it,” Richmond explained. “If it’s a mandatory buyback, I think then you may run into some complications, but the thought of it does not offend me, and it sounds like something I could support.”
The White House press secretary jumped on board the Beto O’Rourke gun confiscation train during the campaign, FOX News reported.
“Hell yes, we are going to take your AR-15, AK-47,” O’Rourke said during one of the Democratic presidential debates.
Then-Presidential candidate O’Rourke also pledged to send police door-to-door to confiscate guns.
Psaki enthusiastically tweeted her support for O’Rourke’s gun confiscation plan, FOX News reported.
“Thank you @BetoORourke take guns,” Psaki tweeted. “Please. No one needs an assault weapon. This is a crisis.”
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