Bump Stocks: An admission that “Acting” AG Whitaker’s signature wasn’t valid

Barr’s history on gun control makes this no great surprise.

New AG rubber stamps illegal bump stock rule change
Scheduled to be published on March 14th, newly appointed U.S. Attorney General William Barr will ratify a final rule from the ATF that determined bump stocks to be a “machine gun”.

This reaffirmation is in response to a federal lawsuit challenging then acting Attorney General Whitaker’s unconstitutional appointment to the position, who originally ratified the final rule.

Clearly, the government felt their defense of Whitaker’s validity was weak (which, having read the laws, I knew). They hope to walk into court and say, “That’s part’s moot Your Honor; the confirmed Attorney General signed it, too.”

But they just opened up another can of worms. Whitaker signed the rule on December 18, 2018. The rule — which the government just effectively admitted wasn’t valid — was officially published in the Federal Register on December 26.

Current possessors of bump-stock-type devices will have until the effective date of the rule (90 days from the date of publication in the Federal Register) to comply.

If Barr has to sign it again to shut down arguments over the validity, it has to be republished in the Register again, now that it has finally been “properly” signed.

And that resets the countdown clock.

So publish it, as now scheduled on March 14, 2019, and start the new 90 day countdown, with a new deadline of June 13, 2019. In accordance with the Administrative Procedures Act.

2 thoughts on “Bump Stocks: An admission that “Acting” AG Whitaker’s signature wasn’t valid

  1. Geoff March 14, 2019 / 10:17 am

    The definition is patently incorrect as written.
    “convert an otherwise semiautomatic firearm into a machinegun by functioning as a self-acting or self-regulating mechanism that harnesses the recoil energy of the semiautomatic firearm in a manner that allows the trigger to reset and continue firing without additional physical manipulation of the trigger by the shooter.”
    One’s finger continuously physically manipulates the trigger each and every time the rifle recoils.
    Just like this fellow WITHOUT a bump stock. Go to 30 seconds.

    Like

    • Bear March 14, 2019 / 10:27 am

      You’re behind times. The ATF is well aware that bump-fire stocks do not meet the definition of machinegun. That’s why they redefined “automatic” (now “fast”) and “trigger” (now “finger”).

      http://zelmanpartisans.com/?p=5849

      The judge hearing Guedes et al is an oathbreaking lunatic (ihave a document not yet public that in a sane world would get her impeached and committed). The one currently hearing GOA seems to be more rational, but hasn’t yet ruled.

      https://gunowners.org/alert3719/

      Like

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