Saturday, October 21, 2017

Bump Fire Stocks

Everyone has come out with their opinions on bump fire stocks. I guess I am the last (probably not, as people are still arguing over it). Thought I would share mine. For those who don't know, a "bump fire stock" is a device that attaches to an "AR" style rifle - aka "Modern Sporting Rifle." It consists basically of a plastic guard to hold your finger in place and a spring to allow the gun to bounce back from recoil, into your finger. So instead of pulling the trigger, you push the gun forward, and as the gun bounces on the spring your finger activates the trigger multiple times.

A bump fire stock was used by the Las Vegas shooter to increase his rate of fire.

On the one hand...
  • There is no reasonable hunting use for bump fire stock.
  • It is gimmicky.
  • It is inaccurate.
On the other hand...
  • It is not a machine gun (more on that in a minute).
  • You don't need a special stock to bump-fire a gun.
    • It is trivial to rig up a device to bump fire a gun (see image above)
    • You can, with a little practice, do the same thing with no hardware whatsoever.
A number of people/organizations  have come out in favor of banning bump fire stocks (including the NRA), based on the first set of bullet (pun intended) items above. Those people/organizations are wrong. I am dead set (again pun intended) against banning bump fire stocks for the following reasons.
  • It is not a machine gun. Therefore it can't be banned based on the definition of "machine gun" but must be banned based on what it is, but on what it does. That's a very important distinction, because what it does is increases the "normal" rate of fire of a weapon. If you're going to ban anything that can increase the "normal" rate of fire, you have established a principle that will also ban lots of other things. For instance, a semi-auto action increases the rate of fire of a magazine fed gun - let's ban all semi-auto firearms! A heavier recoil spring (or even replacing a worn spring) increases the rate of fire of a firearm - let's regulate recoil spring repairs! Training increases the rate of fire of a firearm (exactly the same way as a bump fire stock, in fact, by enabling your finger to activate the trigger more quickly). Let's ban training!
  • Even if it were, machine guns shouldn't be banned. The ATF has the authority to ban machine guns under the National Firearms Act (NFA) of 1930. That law was and is unconstitutional. It was upheld by the supreme court in 1938 because of a failure of the defendant to appear. I would dearly love to see this challenged in the supreme court today, as the reasoning behind the law is that machine guns (and certain other weapons) are not used by the military (which is clearly false).
Aside from the legal technicalities, the whole thing runs counter to the second amendment. There have been oceans of ink spilled over the whole issue of the second amendment, so my few drops shouldn't bother anyone. The intention of the second amendment is to make sure that private citizens had weapons equal to or superior to their government. Yes, you read that right.

In the Revolutionary War, the colonist prevailed, in part, because they had superior weapons. The British were equipped, for the most part, with smooth bore muskets. The reasoning of the British army was that such weapons were faster to load, and therefore the soldiers would have a higher rate of fire than their enemies. Many of the colonists had rifles. Rifles took 50% longer to load, but they were more accurate. So, in terms of fighting, the colonists could kill British soldiers at distances where the British could not return fire.

The founders who framed the second amendment were well aware of that, and also of what the colonists realized, and which is still true today. The greatest threat of murder comes not from your fellow citizens, but from your government. The greatest mass murders have been perpetrated by government over an unarmed population. Consider Nazi Germany, which disarmed its populace and proceeded to set up death camps. The Soviet Union, and the millions who died there, also unarmed. The Armenian Genocide - I could go on, but you (should) get the point. Yes, there are those who disagree, but there is no counter example to the rule that they can provide, it's all just opinion of what might have happened had things been different. The fact is that technology can make a 90 pound elderly woman able to defend her rights against a 220 pound attacker. To say that that doesn't make any difference is naive at best.

The wording of the second amendment is
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
In other words, the stated purpose of the right of the people to keep and bear arms is because a well regulated militia is necessary to the security of a free state. Free citizens must have the ability to defend themselves effectively. Before you get hung up on the words "well regulated" and "militia" let me offer the following. George Mason, one of the delegates of the Constitutional Convention, said, in debate "That the people have a Right to mass and to bear arms; that a well regulated militia composed of the Body of the people, trained to arms, is the proper natural and safe defense of a free state, that standing armies, in time of peace, are dangerous to liberty, and therefore ought to be avoided."

You may disagree with his sentiment, but you cannot disagree that the sentiment was one held by many of the founders of our nation. Clearly the second amendment was included to support such a belief. Also, the word "regulated" has been (mis) interpreted to mean "under restrictions from government" but the usage here (which is still a definition today, but was the "main" definition at the time) was "to ensure accuracy of operation" - in other words, that the militia should be well trained.

You may disagree with the Constitution as well, and if so you are welcome to suggest and try to pass an amendment retracting the second amendment. It's been done before, with prohibition. But if you want to pass legislation that ignores the Constitution, you will come up against it at some point.

So, although I don't personally see a "need" for bump-fire stocks, and I agree they are gimmicky, I will not support such a ban, and urge others to examine the issue and make a decision to either amend or support the Constitution, not move towards a dictatorship by subverting the law itself.

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