Earlier this month, I posted an article about the ATF’s recently-opened comment period on the planned Federal ban on bumpfire stocks. In it, I recommended that SurvivalBlog readers post their comments with the ATF, and I suggested several major areas that should be individually addressed:
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- Constitutional issues (Under the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, and 14th Amendments!)
- Imprecise Terminology
- Agency Over-Reach (creating new legal definitions, bypassing congress)
- Vague Wording
- Technical and Historical Inaccuracies
These were all sound recommendations. However, SurvivalBlog Reader Richard T. reminded me that I had left out a fundamental law issue in my list of objections, namely: Jurisdiction. I suggest that folks study this issue because the implications go far beyond the attempted restriction of plastic rifle stocks. Jurisdictional challenges are apropos in any case where various levels of government have over-stepped their bounds.
Proviso: Keep in mind that I am not a Juris Doctor nor an attorney, and hence I do not give legal advice. So the following is based on my research as a layman that therefore purely informational. If you have legal questions, then consult an attorney.
When most people have interactions with the law, they usually fail to ask the key preliminary question: Does this law apply to me, and where I live? That is, does the agency or court have the proper jurisdiction to establish their nexus to me and my affairs?