{"id":102522,"date":"2024-06-19T15:59:49","date_gmt":"2024-06-19T20:59:49","guid":{"rendered":"https:\/\/milesfortis.com\/?p=102522"},"modified":"2024-06-19T15:59:49","modified_gmt":"2024-06-19T20:59:49","slug":"102522","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=102522","title":{"rendered":""},"content":{"rendered":"

misconstrue<\/em>:
\nverb
\nTo interpret erroneously…<\/p>\n

erroneously<\/em>:
\nadverb
\nIn a way that is wrong or false…<\/p>\n

Nothing out of the ordinary for demoncraps<\/p>\n

\n

Critics Fundamentally Misconstrue the Supreme Court\u2019s Bump Stock Ruling<\/a><\/p>\n

After the Supreme Court overturned the Trump administration\u2019s bump stock ban last week, critics complained that the justices had interpreted the Second Amendment in a way that rules out perfectly reasonable gun regulations.<\/p>\n

That was an odd complaint, because the case did not involve the Second Amendment.<\/strong><\/span><\/p><\/blockquote>\n

\n
\n
The Court\u2019s decision upheld an important principle that goes far beyond gun control: Federal bureaucrats do not have the authority to invent new crimes by rewriting the law. All Americans, regardless of how they feel about gun rights, have a stake in that principle, which is crucial to the rule of law, the separation of powers, and the due process requirement of fair notice.<\/div>\n<\/div>\n<\/div>\n

Sen. Chris Murphy (D-Conn.) saw last week\u2019s decision as<\/a>\u00a0a sign that the Supreme Court plans to\u00a0\u201cfundamentally rewrite the Second Amendment,\u201d<\/em><\/strong>\u00a0which will\u00a0\u201cmake it very hard for Congress or state legislatures to be able to regulate guns.\u201d<\/em>\u00a0MSNBC commentator Joyce Vance had a similar objection:\u00a0\u201cDoes the history & tradition of our country really suggest the Founding Fathers meant for the 2nd Amendment to arm Americans with guns that fire 400 to 800 rounds per minute?\u201d<\/em><\/strong><\/p>\n

Although Murphy is a lawyer and Vance is a law professor, they completely misconstrued what this case was about. The Supreme Court ruled that the Bureau of Alcohol, Tobacco, Firearms and Explosives exceeded its statutory authority when it tried to ban bump stocks.<\/strong><\/p>\n

The products the ATF targeted are designed to assist bump firing, which involves pushing a rifle forward to activate the trigger by bumping it against a stationary finger, then allowing recoil energy to push the rifle backward, resetting the trigger. As long as the shooter maintains the requisite amount of forward pressure and keeps their finger in place,\u00a0the rifle will fire repeatedly.<\/a><\/p>\n

The \u201cinterpretive rule\u201d at issue in this case, which was published in Dec. 2018 and took effect three months later, banned stock replacements that facilitate this rapid-firing technique by allowing the rifle\u2019s receiver to slide back and forth. The ATF did that by classifying rifles equipped with bump stocks as machine guns, which contradicted the statutory definition and the agency\u2019s long-standing interpretation of it.<\/p>\n

<\/p>\n

Under federal law, a machine gun is a weapon that \u201cautomatically<\/em><\/strong>\u201d fires more than one round \u201cby a single function of the trigger<\/em><\/strong>.\u201d A bump-fired rifle plainly does not fit that definition: It shoots just one round each time the trigger is activated and, given the manual effort necessary to fire additional rounds, does not fire \u201cautomatically.\u201d<\/p>\n

Bump stocks became notorious after a gunman used them in an attack that killed 58 people at a Las Vegas music festival in Oct. 2017. But even legislators who wanted to ban them recognized that the ATF could not do that on its own.<\/p>\n

\n
\n
Because \u201cthe ATF lacks authority under the law to ban bump-fire stocks,\u201d Sen. Dianne Feinstein (D-Calif.) said, \u201clegislation is the only answer.\u201d Noting that \u201cthe law has not changed,\u201d Feinstein warned that \u201cthe gun lobby\u201d would \u201chave a field day\u201d with the ATF\u2019s \u201cabout face,\u201d which relied partly on \u201ca dubious analysis claiming that bumping the trigger is not the same as pulling it.\u201d<\/div>\n<\/div>\n<\/div>\n

Feinstein was right about that. But contrary to Murphy\u2019s take, recognizing that the ATF overstepped its authority does not mean Congress is powerless to act.<\/p>\n

\u201cThe statutory text is clear, and we must follow it,\u201d Justice Samuel Alito wrote in a concurring opinion. \u201cAn event that highlights the need to amend a law does not itself change the law\u2019s meaning.\u201d But \u201cnow that the situation is clear,\u201d he added, \u201cCongress can act.\u201d<\/strong><\/span><\/p><\/blockquote>\n

Whatever the merits of a bump stock ban, in other words, regulators cannot unilaterally impose one, especially when that decision suddenly criminalizes the conduct of gun owners who abided by the law as the ATF had repeatedly explained it. Allowing that sort of lawless edict would be a recipe for tyranny.<\/p>\n","protected":false},"excerpt":{"rendered":"

misconstrue: verb To interpret erroneously… erroneously: adverb In a way that is wrong or false… Nothing out of the ordinary for demoncraps Critics Fundamentally Misconstrue the Supreme Court\u2019s Bump Stock Ruling After the Supreme Court overturned the Trump administration\u2019s bump stock ban last week, critics complained that the justices had interpreted the Second Amendment in … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9,36,24,8],"tags":[],"class_list":["post-102522","post","type-post","status-publish","format-standard","hentry","category-enemies-foreign-domestic","category-gun-schtuff","category-rights","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/102522","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=102522"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/102522\/revisions"}],"predecessor-version":[{"id":102523,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/102522\/revisions\/102523"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=102522"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=102522"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=102522"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}