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.

Quislings Defending Vichy NRA

The Vichy NRA appears to be in full damage control mode as people read the ATF’s final bump-fire stock rule, and realize just how badly the group screwed over gun owners.

This is a bit longer than my usual blog posts, so I’ll give you a TL;DR:

For three consecutive days, columns have been published defending the NRA’s bump-fire fiasco. In all three cases, it is the same refrain we heard after NFA, GCA, FOPA, Brady, Constitutional Carry, and all the rest: It isn’t our fault. And it would have been worse if we hadn’t done it. We derailed legislation that would have banned more. Except the bump-stock-type device (BSTD) rule can be applied to all the devices the NRA claims to have protected, and makes every semiauto in existence “easily converted to a machinegun,” and subject to a post-FOPA ban. And it didn’t even derail any legislation

Keep reading and I’ll address the points made by Marion Hammer, Duane Liptak, and Tom knighton, and explain — yet again — what I mean by that.

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