Overreach? You mean sensible reach, guns nuts hate sensible reach.
I'm using their language. Don't worry, I'm on the side of gun regulation.
Overreach? You mean sensible reach, guns nuts hate sensible reach.
Banning bump stocks doesn't matter. If a psycho wants to hurt people with automatic fire, all they had to do is lookup a YouTube video on how a simple modification can make a rifle full auto.
Terrorists will always find a way around laws and use whatever they can to inflict massive damage. Look at what happened in France, Germany etc. Guns were illegal yet look what happened. Look at the damage a truck can do. The focus shouldn't be on laws. They don't care about them.
It would ban commonly owned firearm accessories, you're right. Specificallybump stocks
Firearm accessories. Just causally saying that, like picking what watch you are going to wear.
Just gross.
To amend title 18, United States Code, to prohibit the manu-
facture, possession, or transfer of any part or combina-
tion of parts that is designed and functions to increase
the rate of fire of a semiautomatic rifle but does not
convert the semiautomatic rifle into a machinegun, and
for other purposes.
What commonly owned accessories?
I mean, is it banning a large number of accessories that don't let you fire at a higher rate.. or is it just banning bump stocks. I'd focus on those and get it passed. Don't put any verbiage in there that covers general accessories.
We need to get started somewhere...get it done. We'll never get anywhere trying to make wide sweeps right away.
To amend title 18, United States Code, to prohibit the manufacture, possession, or transfer of any part or combination of parts that is designed and functions to increase the rate of fire of a semiautomatic rifle but does not convert the semiautomatic rifle into a machinegun, and for other purposes.
What commonly owned accessories?
I mean, is it banning a large number of accessories that don't let you fire at a higher rate.. or is it just banning bump stocks. I'd focus on those and get it passed. Don't put any verbiage in there that covers general accessories.
We need to get started somewhere...get it done. We'll never get anywhere trying to make wide sweeps right away.
The bill is so open ended, it's ridiculous to say the least.
Read the bill.
https://curbelo.house.gov/uploadedfiles/finalbumpstockban.pdf
They need to put definitions in the bill. What's the definition of the rate of fire for a semiauto gun? The way it is right now, ANYTHING that increases the rate of fire on a semiautomatic gun will be illegal. Increases what rate? If I fire faster than someone else? If I use my belt loop to bump fire, that'll be illegal. A stick from the woods, bump fire with that, illegal. A match trigger, illegal. No. They need to get their shit together and actually research what they are wanting to do with this and properly write it out. Oh, yeah, the end.. "and for other purposes". Let's not say what that is so "we the government" can just throw whatever we want in there when we want.
No thanks.
The bill is so open ended, it's ridiculous to say the least.
Read the bill.
https://curbelo.house.gov/uploadedfiles/finalbumpstockban.pdf
They need to put definitions in the bill. What's the definition of the rate of fire for a semiauto gun? The way it is right now, ANYTHING that increases the rate of fire on a semiautomatic gun will be illegal. Increases what rate? If I fire faster than someone else? If I use my belt loop to bump fire, that'll be illegal. A stick from the woods, bump fire with that, illegal. A match trigger, illegal. No. They need to get their shit together and actually research what they are wanting to do with this and properly write it out. Oh, yeah, the end.. "and for other purposes". Let's not say what that is so "we the government" can just throw whatever we want in there when we want.
No thanks.
(28) The term semiautomatic rifle means any repeating rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge
You don't understand how the government works very well eh? Look, when you put something to use, you have designed that method to work in a way that you want it to work. All it takes is ambiguous language to a law and someone to make an arrest for it.It doesn't cover general accessories, just those that are "designed or function[] to accelerate the rate of fire of a semi-automatic rifle but not convert the semiautomatic rifle into a machine gun."
It explicitly mentions trigger cranks.
https://www.feinstein.senate.gov/pu...71B98A52.automatic-gunfire-prevention-act.pdf
Seems reasonable to me. No reason to ban bump stocks but leave untouched other stuff that accomplishes the same function.
But gun wackos gonna wacko.
Designed and functions to. So your belt loop is out. And "for other purposes" is just boilerplate introduction of the goals of the bill, not in the text of the bill itself.
But see my comment re gun paranoiacs above.
Then that would rule out anything that introduces bump firing. The trigger is still pulled every single round that is spent when bump firing. What you're defining is automatic fire. This bill is saying anything that increases the rate that the trigger is pulled.The definition of a semiautomatic rifle is already covered in Title 18:
That literally defines the rate of fire as one bullet per trigger pull. Increasing the rate simply means allowing multiple bullets to be fired without a separate pull of the trigger.
Then that would rule out anything that introduces bump firing. The trigger is still pulled every single round that is spent when bump firing. What you're defining is automatic fire. This bill is saying anything that increases the rate that the trigger is pulled.
They need to put more info in this. They need to be specific. It's too broad as it is now.
You don't understand how the government works very well eh? Look, when you put something to use, you have designed that method to work in a way that you want it to work. All it takes is ambiguous language to a law and someone to make an arrest for it.
Then that would rule out anything that introduces bump firing. The trigger is still pulled every single round that is spent when bump firing. What you're defining is automatic fire. This bill is saying anything that increases the rate that the trigger is pulled.
They need to put more info in this. They need to be specific. It's too broad as it is now.
Yes, "bump firing" is ruled out as part of the gun itself. That passage says nothing about aftermarket accessories that could be added to the gun after purchase.
I would interpret a trigger pull as an intentional pull of the trigger by the user of the gun, and not a mechanical workaround a bump stock uses. I am not a lawyer nor do I believe this has been tested in court, but I could easily see a judge making the same interpretation of the law as written.
I don't see how the language is "too broad". It bans accessories designed to increase the rate of fire of a gun beyond the limits already defined in existing law. It has to be written in a way to cover things that haven't been invented yet that achieve the same purpose, or it's not worth the paper it's inked on. What's the problem?
That's how you interpret it. It needs to be in the language. Beyond the limits already defined doesn't include anything that accomplishes the bump fire mechanics. That's why it's not illegal today. Added the part you described would be a good start for sure. They can at the very least define what they are going after here. Don't leave it open. "intentional trigger pull by the user without added mechanical assistance".
You don't understand how the government works very well eh? Look, when you put something to use, you have designed that method to work in a way that you want it to work. All it takes is ambiguous language to a law and someone to make an arrest for it.
While we're arguing semantics, I could argue that "added mechanical assistance" includes oiling the trigger or including gears or solenoids to reduce trigger tension in the gun design. The result could be a gun with a trigger that requires so much force to pull no one could ever fire it.
See? English is fun!
The definition of a semiautomatic rifle is already covered in Title 18:
That literally defines the rate of fire as one bullet per trigger pull. Increasing the rate simply means allowing multiple bullets to be fired without a separate pull of the trigger.
.. and that's the problem when they don't define the limitations of the bill.
F34R is right - the bill is way too vague.
Either the semi-automatic definition stands, which means that all of these things are completely unaffected (because the trigger is getting pulled each time), or anything that increases the rate of fire in any way. Which could hilariously mean the trigger itself.
"It shall be unlawful for any person in or affecting interstate or foreign commerce to manufacture, possess, or transfer any part or combination of parts that is designed and functions to increase the rate of fire of a semiautomatic rifle but does not convert the semiautomatic rifle into a machine gun"
The issue is that there is no baseline rate of fire. So the springs, the gas blocks, magazines, charging handles, extractors, ejectors, triggers, anything that is actually involved in the firing of the gun is open to being "illegal" since they all increase the rate of fire from zero. So the next time a cop decides to pull over someone for driving while black, and is looking for something to hit them with, you have a carte blanche reason if the individual has a gun. (In related news, I volunteer for the Innocence Project, so I'm quite sensitive and unfortunately aware of how such things get used)
The "baseline rate of fir" is the rate of fire of the weapon without the accessory. This isn't difficult.
Thanks for going into what I meant a little more...F34R is right - the bill is way too vague.
Either the semi-automatic definition stands, which means that all of these things are completely unaffected (because the trigger is getting pulled each time), or anything that increases the rate of fire in any way. Which could hilariously mean the trigger itself.
"It shall be unlawful for any person in or affecting interstate or foreign commerce to manufacture, possess, or transfer any part or combination of parts that is designed and functions to increase the rate of fire of a semiautomatic rifle but does not convert the semiautomatic rifle into a machine gun"
The issue is that there is no baseline rate of fire. So the springs, the gas blocks, magazines, charging handles, extractors, ejectors, triggers, anything that is actually involved in the firing of the gun is open to being "illegal" since they all increase the rate of fire from zero. So the next time a cop decides to pull over someone for driving while black, and is looking for something to hit them with, you have a carte blanche reason if the individual has a gun. (In related news, I volunteer for the Innocence Project, so I'm quite sensitive and unfortunately aware of how such things get used)
If I replace worn springs, or a worn trigger with new ones, and the gun fires faster because of that replacement being newer, I'm violating that law. FFS; just ban bump stocks specifically by function and be specific on how they work. (Or just let the ATF do it, because the ATF is specifically asking Congress not to put legislature in so they have the flexibility to deal with loopholes)
Yeah, well, we're talking about our rights to begin with, and we're talking about our government enforcing laws... that can't possibly go wrong.Except I'm being intentionally facetious and no one in their right mind would come to that conclusion.
The argument we seem to be having boils down to whether the bill, as written, does due diligence in trying to prevent unintentional interpretations of it. Obviously, we continue to disagree on this point, and I hoped making what I felt was a ridiculous argument using your own wording would help illustrate that the bulletproof language you're seeking just can't exist.
Except they define an accessory as anything that is involved in the firing process.
Or more accurately: the world "accessory" never shows up - they never separate out the base weapon from an "accessory". It's all just one thing.
To amend title 18, United States Code, to prohibit the manufacture, possession, or transfer of any part or combination of parts that is designed and functions to increase the rate of fire of a semiautomatic rifle but does not convert the semiautomatic rifle into a machinegun, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
Mr. CURBELO of Florida (for himself and Mr. MOULTON) introduced the following bill;
To amend title 18, United States Code, to prohibit the manufacture, possession, or transfer of any part or combination of parts that is designed and functions to increase
the rate of fire of a semiautomatic rifle but does not convert the semiautomatic rifle into a machinegun, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
1 SECTION 1. PROHIBITION ON MANUFACTURE, POSSESSION, OR TRANSFER OF ANY PART OR COMBINATION OF PARTS THAT IS DESIGNED AND FUNCTIONS TO INCREASE THE RATE OF FIRE OF A SEMIAUTOMATIC RIFLE BUT DOES NOT CONVERT THE SEMIAUTOMATIC RIFLE INTO A MACHINEGUN.
(a) PROHIBITION.Section 922 of title 18, United States Code, is amended by adding at the end the following:
(aa) It shall be unlawful for any person(1) in or affecting interstate or foreign commerce, to manufacture, possess, or transfer any part or combination of parts that is designed and functions to increase the rate of fire of a semiautomatic rifle but does not convert the semiautomatic rifle into a machinegun; or
(2) to manufacture, possess, or transfer any such part or combination of parts that have been shipped or transported in interstate or foreign commerce..
(aa) It shall be unlawful for any person(1) in or affecting interstate or foreign commerce, to manufacture, possess, or transfer any part or combination of parts that is designed and functions to increase the rate of fire of a semiautomatic rifle but does not convert the semiautomatic rifle into a machinegun; or
Yes, like all laws it presumes people can understand English. The objection that someone can come up with some strained interpretation to expand the law beyond its obvious purpose applies to any law.
Ban all semi-automatic weapons. What is the point of a semi-automatic gun? As far as I know there is no hunting use for such a gun, so why should someone have one?
I don't want Jeff fucking Sessions and Donald Trump being the ones who get to interpret that kind of law! Do people forget who the hell would be in charge of interpreting and enforcing this law, loophole to arrest anyone with a gun they want? Do folks not see how this would get absolutely used against black residents of Chicago to arrest them at any damn time? How it would get used by ICE to deport people?
If you told me that all the mass shootings or gun violence would stop if I gave up my guns then I'm in
Do you think all federal criminal laws should be repealed because Jeff Sessions and Donald Trump will reach implausible interpretations so they can go after immigrants and black people in Chicago and judicial review will not check them?
You don't have to repeal them, but a United States Congressperson can spend 20 minutes doing some basic fucking research about guns and closing the giant ass hole you have in your law before you put it up in Congress. Or use the already existing enforcement tool you have instead of trying to make a dog and pony show about ineffective and useless gun control to make everyone feel like they've "done something" without addressing any of the problems.
Fuck me, they went back on it. People said in that original thread not to fall for it. If this can't even get done then theres no hope.
But there is no giant ass hole in this law. As I've pointed out, the arguments that it is vague or overbroad are strained to the point of frivolity.
I don't know what existing enforcement tool you are referring to.
But I agree its largely a meaningless attempt to fight the last war.
They supported stricter legislation. That does NOT mean they support an outright ban, and, again, the bill is so vague that it would ban far more than just bumpfire stocks.
They supported stricter legislation. That does NOT mean they support an outright ban, and, again, the bill is so vague that it would ban far more than just bumpfire stocks.