The Federalist: Bipartisan Bump Stock Bill Would Ban All Semi-Automatic Rifles

As was posted last week, Diane Feinstein's bill purportedly banning "bump stocks" would ban more than that single firearm accessory.  Sean Davis wrote at The Federalist that the "bipartisan" House version of the bill, which is virtually identical to the Feinstein bill, goes a lot further than just banning "bump stocks."

The legislation, which was drafted by Rep. Carlos Curbelo, a Florida Republican, never bans bump stocks by name. Instead, the proposal bans any person from possessing or making any part that could be used to increase the rate of fire in any semi-automatic rifle. The lead co-sponsor on the gun control bill is Rep. Seth Moulton, a Massachusetts Democrat and U.S. Marines veteran who completed four tours of duty in Iraq.

“It shall be unlawful for any person … to manufacture, possess, or transfer any part or combination of parts that is designed to increase the rate of fire of a semi-automatic rifle,” the bill states. At no point does the proposed legislation specify a base rate of fire against which any illegal increases would be judged, a potentially fatal flaw in the bill’s drafting. As a result, the proposal arguably institutes a federal ban on any and all parts that would allow the gun to fire at all, since the mere ability to fire a semi-automatic weapon by definition increases its rate of fire from zero.

The design of semi-automatic weapons uses the recoil of the weapon generated by the gas explosion in the chamber when a round is fired to automatically chamber a new round, and prepare the weapon to be fired again. Because of this, any parts used in that process would likely be subject to the federal ban proposed in the Curbelo/Moulton bill, since they serve to increase the rate of fire of a semi-automatic weapon. Gas tubes, gas blocks, buffer springs, magazines, charging handles, ejectors and extractors, and even triggers themselves could potentially be banned under the bipartisan bump stock ban language proposed by Curbelo and Moulton.

Davis notes that the proposal also does not contain any grandfather provisions for existing gun owners or manufacturers, and fails to provide any means by which gun owners and manufacturers could turn in their weapons to federal authorities to avoid running afoul of the bill’s effective ban on the possession of any semi-automatic firearms or parts. As Sebastian at Shall Not Be Questioned noted in the above linked article, this is what happens when you have badly drafted legislation.


Davis appeared on NRATV's Cam and Company on Friday to discuss his article.

Complacency is the Gun Owner's Worst Enemy

Earlier today, VSSA Executive Director, Lu Charette, forwarded to me the weekly ISRA member email. In the email, ISRA Executive Director Richard Pearson talks about complacency in Illinois.  It got me to thinking.  In a state like Virginia where we haven't had a new gun control law passed or signed into law since 1993 (one gun-a-month), and since 1995 we have had many pro-rights victories, even the repeal of the one gun-a-month, it is easy to slip into the same behavior.  As Pearson noted, complacency is certain death for gun rights or any other civil right.

Pearson went on to write in his email to ISRA members, the one thing the "bump stock" controversy after the Las Vegas shooting did do is pull the mask off of gun ban leaders like Diane Feinstein.  Feinstein's admission that what they are proposing would do nothing to stop these type of events tells us all we need to know about their real goal.  Whether they are at the national, state or local level, these people are dangerous and should not be underestimated.  These people have unlimited money thanks to Michael Bloomberg and the only way to stop them is to join organizations like our sister organization ISRA and VSSA to fight them.  When people become complacent, they drop their membership in state associations like ISRA and VSSA, thinking that NRA is all they need.  As Pearson said, that is always a mistake.

Diane Feinstein's "Automatic Gunfire Prevention Act" is a prime example of what the gun ban lobby always tries to make out of something like the "bump stock."  While she says her bill is narrowly written, what is proposed is anything but narrow. In fact, the bill bans any “accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machine gun.” I've seen YouTube videos where people do exactly what the "bump stock" is designed to do, simply by placing their thumb on the trigger and placing it in a belt loop on their pants.  As Dr. AWR Hawkins writes,

This language is very crucial because it goes after bump stocks for being exactly what the ATF described—an accessory, not a conversion device.

It is already illegal to convert a semiautomatic into an automatic and Feinstein’s bill is a way for leftists to make it illegal to add an accessory that allows the gun to fire rapidly without being converted to automatic.

In other words, a semiautomatic firearm with a bump stock is still a semiautomatic firearm; it only fires one round per each pull of the trigger, period. Yet Feinstein wants to ban them and—because she has to focus her ban on accessories—it means the ban is broad enough that it already includes numerous other devices that do not convert semiautomatics into automatics either. Her legislation explicitly lists “a trigger crank” as something that would be banned as well.

Did the Vegas attacker use a trigger crank? No, he did not. Yet it would be banned because Feinstein wants to ban any accessory that allows the gun owner to “accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machine gun.”

The language of her bill would include bans on other devices, bans that are only implicit at this point. It would simply come down to a bureaucrat deciding the threshold at which semiautomatics are being fired too fast and any accessory that allowed a gun owner to meet that threshold would be banned.

Feinstein’s bill currently has 38 co-sponsors, all of whom are Democrat. But numerous Republicans—including House Speaker Paul Ryan (R-Wisc.), Rep. Bill Flores (R-TX), Rep. Mark Meadows (R-NC), Senators John Cornyn (R-TX), Lindsey Graham (R-SC), and Marco Rubio (R-FL)—have voiced openness to gun control via bump stock legislation and/or hearings on such legislation. 

In Virginia, Governor Terry McAuliffe has indicated he plans to introduce legislation on the way out the door that would ban "bump stocks" and Democrat Gubernatorial Candidate Ralph Northam has indicated he will also push to ban modern sporting rifles (he calls them "assault weapons) if he is elected.

Now is the time to join or renew your VSSA membership.  We need every Virginia gun owner to fight this battle.  And, we need every gun owner engaged in this year's election to insure that a pro-rights Governor is elected.   You can find out how to get involved in the election by clicking here.

Don't let complacency doom us to another four years of good legislation dying in the Governor's Office.

Feinstein asks Obama to Ban Import of Semi-Auto Rifles

Katie Pavlich has the story here.  The list of things Feinstein has requested be banned from import include:

Prohibit importation of all semi-automatic rifles that can accept, or be readily converted to accept, a large capacity ammunition magazine of more than 10 rounds, regardless of the military pedigree of the firearm or the configuration of the firearm's magazine well;

Prohibit semi-automatic rifles with fixed magazines with a capacity of more than 10 rounds;

Prohibit the importation of the frame or receiver of any prohibited rifle, regardless of whether it is incorporated into a fully manufactured firearm.

Prohibit the practice of importing assault rifles in parts and then constructing the rifles once they are in the United States by adding the requisite number of American-made parts;

Prohibit the use of a "thumbhole" stock as a means to avoid classification of a rifle as an assault rifle; and

Prohibit the importation of assault pistols, in addition to assault rifles.

NSSF has also asked that gun owners contact their senators and urge them not to sign on to the letter to the President.  Please contact Senator Warner and Senator Kaine and polite urge them to decline signing Senator Feinstein's letter.  Remind Senator Warner that he is up for re-election this year and that you will pay close attention to what he does on this issue.

Will Today's Senate Judiciary Vote on Feinstein Gun Ban Be the Last?

The Senate Judiciary Committee is set to vote along party lines to advance Senator Diane Feinstein's bill to ban modern sporting rifles but it is possible that it will be the last vote.  The AP notes:

There are 53 Democrats plus two independents who generally side with them. Republicans seem ready to oppose the ban overwhelmingly, and Feinstein can't count on a half-dozen Democrats from Republican-leaning states who face re-election next year.

That means that it will likely not muster the 60 votes required to get a vote and Senate Majority Leader Harry Reid may be happy with that so he can protect his most vulnerable members ahead of the 2014 mid-term election.

The main threat has always been criminalizing private firearm sales.  This is where we must focus our energy in the coming month when Senator Chuck Schumer's bill may come to the floor.