US Military Court Rules Bump Stocks Are Not Machine Guns

[Jess from VA]

The United States Navy-Marine Corps Court of Criminal Appeals has ruled that bump stocks are not machine guns as defined under Federal law.  The opinion was well thought out.  

The judges wrote that anti-gun activists put political pressure on Congress after a mass murder in Las Vegas.  A bill was set forth in Congress called “Closing the Bump Stock Loophole.”  The bill would have treated bump stocks as machine guns.  The bill failed to pass either chamber of Congress.

The judges point out that after the bill failed in Congress that political pressure was put on then President Trump to act against bump stocks.  Ultimately President Trump ordered the Bureau of Alcohol, Tobacco, Firearms, and Explosives [ATF] to ban bump stocks (but with no change in federal legislation).  The judges on the panel do not believe that the President had the authority to make de facto law.

He didn't.  And neither does JB.  

This is not binding precedent in civilian (Article III) courts, but it is certainly persuasive.

I believe other charges/convictions were not reversed, but that is irrelevant to the bump stock issue, and the president may not create federal laws issue.

https://www.ammoland.com/2021/09/us-military-courts-rules-bump-stocks-are-not-machine-guns/#ixzz767nxPWFN

[Patrick]

Just like an AR is not an assault rifle. [ I've even had folks insist that AR stood for assault rifle, amazing the stupidity of some people ]

When was the last time someone was killed by a bumpstock.

This gun stuff has gotten crazy. Tried buying ammo lately ?

[scooperhsd]

YouTube  "Langley Outdoor Academy" - Braden keeps up with 2nd Amendment issues and what various jurisdictions  (mostly Democrat) are trying to institute control.

[MarkT]

Just like an AR is not an assault rifle. [ I've even had folks insist that AR stood for assault rifle, amazing the stupidity of some people ]

When was the last time someone was killed by a bumpstock.

This gun stuff has gotten crazy. Tried buying ammo lately ?

I haven't been to my range this year.  Though I keep up the membership.  Not training, depleting my ammo store.  Makes me uncomfortable.

[Rams]

Thanks for posting the link, I was trying to figure out just why a military court would be considering such a decision.   I agree with this court's findings.   

There is a process agencies go through to develop such regulations, some things are beyond an agency's authority and if we want such regulation,  it must be voted on and authorized by Congress and signed into law.   Bump stocks were never made illegal.   

While I personally don't see a need for bump stocks, they are not illegal.

U.S.A. –-(Ammoland.com)-The United States Navy-Marine Corps Court of Criminal Appeals has ruled that bump stocks are not machine guns in the United States v. Ali Alkazahg.

Marine Corp Private Ali Akazahg was convicted of possessing two machine guns, in violation of Articles 83, 107, and 134 of the Uniform Code of Military Justice [UCMJ]. These “machine guns” that Private Akazahg processed were bump stocks. The Private’s defense counsel argued that bump stocks did not meet the federal definition of machine guns. The ruling is found here and embedded below. US Military Courts Rules Bump Stocks Are Not Machine Guns.

Rams

[Willow]

...

U.S.A. –-(Ammoland.com)-The United States Navy-Marine Corps Court of Criminal Appeals has ruled that bump stocks are not machine guns in the United States v. Ali Alkazahg.

Marine Corp Private Ali Akazahg was convicted of possessing two machine guns, in violation of Articles 83, 107, and 134 of the Uniform Code of Military Justice [UCMJ]. These “machine guns” that Private Akazahg processed were bump stocks. The Private’s defense counsel argued that bump stocks did not meet the federal definition of machine guns. The ruling is found here and embedded below. US Military Courts Rules Bump Stocks Are Not Machine Guns.

"Marine Corp Private"  Some things really irritate me.  You'd think at least professional journalists or ones running certain websites would know better.

[Jess from VA]

The entire NFA is an unconstitutional infringement on the 2d amendment.  (barrel lengths, suppressors and full automatic man portable arms).

Bump stocks simply gave the citizens a crummy workaround for the full auto ban (it's not full auto, its just faster than a trigger finger).  I don't want one, but I like the idea of them just fine.  Finger in their eye.  

Carl, you mean there isn't a Marine Corporation? 

[Skinhead]

I love how any mention of restricting abortions is a violation of the constitution, where no where in the constitution (to my knowledge) is there any mention of abortion.  But the ATFE and several politicians seem to think it is just fine to pass thousands of laws that restrict a right that is specified in the constitution and "shall not be infringed".  Are people really that stupid?  (rhetorical question, the answer is obviously yes)