Letter Re: The Slippery Slope: Proposed ATF Rule Redefining “Machinegun”

I very much enjoyed the write-up you provided on the proposed rule-making. The more people that are aware of the issues and comment the better our chance of getting the issues addressed.

I had a couple of additional issues that I thought I would share.

  • The proposed rule does not properly account for the monetary losses of each individual currently in possession of a “Bump Stock”. Not only is an individual losing the initial money spent on purchase and shipping of the product, they are now being placed under the additional burden of having to purchase a new stock to replace the one that is being lost. There is a cost associated with the time spent shopping for a new stock, purchase, tax, shipping, and also a value to the time that the existing gun has been made unusable while the new stock is obtained.
  • Your statement that “Because these bump-stock-type devices allow multiple rounds to be fired when the shooter maintains pressure on the extension ledge of the device, ATF has determined that bump-stock-type devices are machinegun conversion devices, and therefore qualify as machineguns under the GCA and the NFA” indicate that the “extension ledge” makes the stock function as an automatic. Therefore, simply removing the ledge would allow a user to legally maintain ownership of the stock.

  • Your statement of “Bump firing and other techniques for increasing the rate of fire do not satisfy this definition because they do not produce an automatic firing sequence with a single pull of the trigger. Instead, bump firing without an assistive device requires the shooter to exert pressure with the trigger finger to re-engage the trigger for each round fired” would apply equally to a bump stock. The recoil action allowed by the bump stock does not in any way fire the trigger. The recoil only allows for the trigger to reset. In order for the trigger to actuate again, the user must apply pressure to the trigger again (accomplished by applying forward pressure with the other hand). As such, without the direct application of pressure from the second hand, the gun can’t fire again. To count as automatic fire, the weapon should be able to be operated with one hand. Otherwise, it is not the accessory causing the repeated fire but your personal manipulation of the gun.
  • I disagree with the statement: “As with the Akins Accelerator, the bump-stock-type devices at issue cause the trigger to “bump” into the finger, so that the shooter need not pull the trigger repeatedly to expel ammunition.” This is not technically correct, since the recoil causes the trigger to jump away from the trigger not towards it. Any actuation of the trigger is done by conscious application of force by the user. Without the application of force, no additional rounds would be fired.

Sincerely – J.K.


  1. It seems like we are grabbing at straws to defend these things. Every owner took a stock off to put a bump stock on. I agree owners should be compensated if they are deemed illegal. They were designed to increase the rate of fire to approach full auto, which they do. How they do it is irrelevant. I have no problem with them, even considered buying one, but I can understand how others might. I think we were all surprised the first time we found out they were legal. I own dozen of guns and I am certainly not anti 2nd. If we ever have to stand up to our own government or an invading army, it will not be our superior fire power that wins, it will be our numbers.

  2. What we should be saying to the federal government is that it has NO right to regulate anything to do with weapons. The 2nd amendment doesn’t give us “rights”, it was written to specifically let the new federal government know that it had nothing to say about it. It restricted the federal government. We have allowed the federal government to slowly change and then abuse it’s power. What we should do is put the federal government back into it’s limited Constitutional role.

    1. Absolutely correct. The Bill Of Rights is the most incorrectly named document ever. It should have been more correctly called the “Bill Of Restrictions”, as it states clearly what restrictions are placed on the government. A lot of uninformed people think that it is a list of rights that we can enjoy only because we have a government. That’s not correct, the document affirms that these certain rights are given to us by our creator, and if we are going to approve that piece of garbage constitution, then it must be understood that the 10 ammendments are to be followed, and they are restrictions of power to what the newly formed government has.

      It’s waaaaaaaaaaaaaaaaaaay too late to change anything. Things should have been challenged during the first tyrranical act of the new government, back during the whiskey rebellion. That was when everyone saw what a tyrranical government will do with unchecked power. Today, the government is so powerful and so tyrranical, that we quislings are getting upset that the government might outlaw bump stocks, under a law that is not within their authority in the first place.

      1. I’m encouraged by the massive non compliance going on in CT and NY, not to mention a few other misguided states.
        It’s time for gun owners in this country to get up and sit at the front of the bus.

        Organisations such as the NRA should be promoting non-compliance as a tool to protest against unjust law. They don’t have to spend money lobbying, just recommend to their membership a form of peaceful protest.

        1. “If we do not learn from history, we are doomed to repeat it”, how many of us have heard this quote?
          Take look around use It is happening again, you ask what is happening again?
          Gun confiscation! Ever since the 1968 Gun laws and even before, were past the Socialist have and will continue to play the ‘Long Game’ of gun confiscation. A little here, a little there, ‘they won’t miss anything’ till soon there will not be anything left to take because they will have taken EVERYTHING including our freedom.
          Those gun laws are almost verbatim of the Nazi anti-gun laws.
          “To first conquer a nation you must disarm that nation” Adolf Hitler, now, ask the 12 million Jews how they feel about being disarmed, …. oh wait we can’t cause it’s to late.
          King George tried this in 1775 and it came around to bite him good and hard, to the tune of a full blown Revolution! Which he lost and our founding fathers made sure that, on parchment that the people should never let it happen again, they came up with the 2nd Amendment of our Bill of Rights. There are those who say “the 2nd Amendment is out dated and it should be abolished”
          I promise you this if you take away ANY of the Bill of Rights it will be open season on all of us, our freedom, liberty, and independence.
          We will cease to be The United States of America. I kinda like our country, ya know what I mean?
          ” – That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, – That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to to alter or to abolish it and to institute new Government, laying its foundation on such principles and organizing its powers in such form , as to them shall seem likely to effect their Safety and Happiness” Declaration of Independence.
          Simply put, we have a ‘DUTY’ to stop the destruction of our country!!!!
          ‘When Tyranny Becomes Law, Rebellion Becomes Duty!!!! III% 1776.
          Semper Fi!!!!

  3. Whether or not a bump stock makes a normal firearm an automatic firearm or not is a mute point. The government has no authority to outlaw full automatic firearms, it is not something we the people have given them the authority to regulate. The government has no reason to draft laws regulating firearms, regulating how many children you want to procreate or regulating how big you want to build your house. There are just some things the government has no authority over. Arguing whether or ot a bump stock makes the firearm illegal is like arguing that a tomato should be a certain shade of red before it is considered legal for sale. Becore we draft letters to congress in order to try and change their minds concerning legislation around the potential outlawing of bump stocks, we should march towards washingtom dc and begin shooting government officials for betraying the trust we gave them concerning the upholding of the constitution. Settle for nothing less!

    1. Mike, while I agree with you philosophically, the NFA of 1934 has been around for 75 years and is an accepted legal doctrine for all but a handful of lawyers and judges. Just like the historical research on the original meaning of militia and arms and bear arms needed to be done before the SC could decide Heller correctly, so more research needs to be done to show that the NFA of 1934 and 1968 are “infringements” on the people’s RKBA. The SC will at some point need to rationalize the different treatments the Second Amendment has been given in Heller, McDonald and Miller. If we truly believe that the militia, including the unorganized militia, needs to be armed with the same weaponry as the Army, we’ll need to change a lot of minds.

      1. Steve, great reply. You are obviously more rational and sensible than me. That’s not meant sarcastically. I’m still trying to sort this out, but I don’t think the US should have an Army. So basing what the civilians should be allowed to own shouldn’t be compared to what the Army has, rather, the temporarily called up Army, should be allowed to only have what the civilians are armed with, not vice versa.

  4. It is time to use the tools of the Marxist left against them. The Cloward piven strategy was devised by leftists to overwhelm the government welfare system. Peaceful non-compliance by millions of lawful gun owners will overwhelm local, state and federal law enforcement to the point that they will be unable to enforce any laws that the radical left has imposed.

  5. HOT DOG!!!!!
    I love you guys I’ve been saying the same thing to friends of mine for years now, this is one of many reasons why I come to this Blog.
    Could it be time to re-start our Declaration Of Independence and place the thieves (politicians) in prison, were most of them belong anyway.
    It is quit obvious that they have changed our Constitution to suit there own needs, want’s, and desire’s and I WILL NOT CONFORM!!!!
    Reading all ya’ll’s posts here today it seems I’am in good company and I Thank You All!
    God Bless this great nation.
    Anytime or place just name it I’m there.
    Semper Fi!!!!

  6. What we all fail to really grasp is that the “Government” and those who are willing to be lead, coddled, “protected” and bribed (read entitlements) are in the majority now.

    They will not be stopped by the minority by saying “NO” Sorry Tom Lowe. Our Constitution and Bill Of Rights are to protect the minority from the majority but sadly have no value to those in charge. I’m afraid the ballot box is no longer an option.

  7. Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American… The unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people. (William & Mary Bill of Rights Journal)

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