cathouse01
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- May 10, 2018
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The recent Fifth circuit ruling on the ATF bump stock ban should have significant impact on the ATF's rule change for Frames and Receivers. One of the key findings was:
Since 80% manufactures can point to a long series of letters from the ATF's Firearms Technology Branch stating that "80%" frames and lowers were not firearms, the same logic will need to be applied to the rule change. That is, the ATF is attempting to criminalize a behavior that it had long held was lawful.If we were required to defer to the Government's position, the Government could change the scope of criminal liability at any time. Indeed, that is exactly what it has done here. Until 2017, the ATF had never classified non-mechanical bump stocks as machineguns. But now the interpretation is reversed, and the Government would criminalize behavior that it long recognized was lawful. . . .