Bump Stocks Reportedly Flying Off The Shelves. Everyone Now Wants A Machine Gu.

[Adrahil]

50. The BATF is in a tough spot....

Their ruling is supposed to be based SOLELY on the technical characteristics of any modification or accessories. They have consistently ruled for a while that a modification is NOT a machine gun if:

1) The shooters finger pulls the trigger for each shot; and

2) There is no "automatic" mechanical action that assists in the process. In other words, springs which assist the actio would be a no-go.

To make bump stocks meet the definition of an accessory that converts the rifle to a machine gun, BATF's technical division would have to change those guidelines and make the argument that their original technical judgement was in error.

That action is not completely without precedent. The Atkins accelerator stock was similar to the bump fire stocks the killer used. But it included a spring in the stock that made the process require basically no input from the shooter.

Initially the Atkins stock was determined to be legal, but the BATF eventually determined that the spring in the stock was a problem after seeing how effective it was, and devised the policy above.

The BATF could do the same again, but it would likely spawn lawsuits arguing that the BATF's decision was not based on technical characteristics, but rather a desired political outcome. I personally think that argument is weak, but I think courts would see it the other way.

The real answer, IMO, is change the definition of what a machine gun is from a gun that fires more than one round with a single pull of the trigger, to something based on rate of fire. something like, "A machine gun is any firearm in a configuration capable of firing more than 200 rounds/minute when held and fired as designed by a typical shooter, or any device designed to facilitate that capability." Just off the top of my head, so I ma sure there are big holes in that. The "typical shooter" clause is intended to account for people like Jerry Miculek who can fire a 6-shooter as fast as a machine gun.