Bump Stock Ban; Crimson Trace Optics; National Reciprocity: Gun Talk Radio| 12.23.18 A

Published on December 26, 2018
Duration: 43:57

This episode of Gun Talk Radio features attorney Joshua Prince discussing the ATF's final ruling banning bump stocks. Prince explains the legal basis of the lawsuit filed against the ban, focusing on procedural violations of the Administrative Procedure Act and the questionable authority of Acting Attorney General Matthew Whitaker. He advises listeners to wait for court decisions before taking action on their bump stocks and highlights the ATF's inconsistent past rulings on the legality of these devices.

Quick Summary

Attorney Joshua Prince discusses the lawsuit challenging the ATF's bump stock ban, citing violations of the Administrative Procedure Act and questioning Acting AG Whitaker's authority. He advises owners to await court rulings before acting on their bump stocks, highlighting the ATF's inconsistent past rulings on the devices.

Chapters

  1. 00:16Introduction: Gun Talk Radio Topics
  2. 00:53Bump Stock Ban Overview
  3. 02:04Bump Stock Ban Details & Lawsuit Filing
  4. 02:31Interview with Attorney Joshua Prince
  5. 04:10What the Bump Stock Ruling Requires
  6. 05:05Advice for Bump Stock Owners
  7. 05:47Basis of the Lawsuit Against the Ban
  8. 06:07Challenge to Acting AG Whitaker's Authority
  9. 07:08Constitutional & Administrative Challenges
  10. 07:51APA Violations: Public Hearing & Comment Period
  11. 08:51Core Legal Arguments: Congressional Definition vs. ATF Authority
  12. 09:27Arbitrary and Capricious Argument
  13. 10:03ATF's Prior Rulings on Bump Stocks
  14. 11:15ATF's Argument on Letter Determinations
  15. 12:04Break & Listener Call-in
  16. 13:10Conservation Message: Ducks Unlimited
  17. 13:27Gun Dealio App Promotion
  18. 13:56WhereToShoot.org Resource
  19. 14:34Back with Joshua Prince: Compensation for Bump Stocks
  20. 15:23ATF Determinations & Industry Reliance
  21. 16:02ATF's Reclassification Process
  22. 16:38The 'Just Do It' ATF Approach
  23. 16:55Optimism on the Lawsuit Outcome
  24. 18:37Appeal Process for the Lawsuit
  25. 19:01Why File in D.C.
  26. 19:45Applauding the Legal Challenge
  27. 20:24Listener Call: Bump Stock Plans
  28. 20:58Parkland Shooting Lawsuit & Police Duty
  29. 21:36Personal Safety & Calling Police
  30. 21:58Debbie Wasserman Schultz on Arming Teachers
  31. 22:19New Products Coming Up
  32. 22:27Gun Talk Radio Mission
  33. 22:46Listener Call-in: Guns for Christmas
  34. 23:53Interview with Ryan Donahue from Crimson Trace
  35. 25:13Crimson Trace Laser Products
  36. 25:24LS 250 & LS 250G Laser Saddle
  37. 26:39Mossberg Shockwave & Laser Utility
  38. 27:49Sig Sauer P365 Laser
  39. 29:05Break: Crimson Trace Optics
  40. 29:40Gallery of Guns Promotion
  41. 30:12Conservation Message: Louisiana Coast
  42. 30:37Venison Paradise Resource
  43. 30:43Concealed Carry Training DVDs
  44. 31:11ShotgunTalk.com
  45. 31:31Crimson Trace Optics Line
  46. 32:16First Focal Plane Scopes (1-5x, 1-8x)
  47. 33:35Magnification for Long-Range Shooting
  48. 35:15Crimson Trace Electronic Sights
  49. 36:04Home Defense Applications
  50. 36:35Crimson Trace Tactical Flashlights
  51. 37:16Batteries for Life Warranty
  52. 37:51Crimson Trace Booth at SHOT Show
  53. 38:01Higher Magnification vs. Practical Use
  54. 39:23Listener Call: Parkland Commission & Arming Teachers
  55. 41:35Effectiveness of Armed Citizens
  56. 42:22Listener Call: Government Bans & Grandfathering
  57. 43:37Upcoming Topics: Massachusetts, New Jersey

Frequently Asked Questions

What is the legal basis for the lawsuit challenging the ATF's bump stock ban?

The lawsuit challenges the ATF's bump stock ban primarily on procedural grounds, arguing violations of the Administrative Procedure Act. Key arguments include the questionable authority of Acting Attorney General Matthew Whitaker to sign the rule and the ATF's failure to provide a public hearing and proper public comment period.

What advice is given to current bump stock owners regarding the ATF ban?

Attorney Joshua Prince advises bump stock owners to wait for court decisions before taking any action, such as destroying or turning in their devices. The lawsuit aims to invalidate the ban, and owners are encouraged to hold off until the legal challenges are resolved.

Why did the ATF previously consider bump stocks legal, and why is that now changing?

The ATF issued multiple letter rulings previously stating bump stocks were not machine guns. The ATF's current argument is that these prior determinations lacked sufficient legal analysis and can be rescinded, allowing them to reclassify bump stocks as machine guns and ban them.

What are the main arguments against the ATF's reclassification of bump stocks as machine guns?

The primary arguments are that Congress has already defined machine guns in federal law, and the ATF lacks the authority to redefine them. Additionally, the ATF's reclassification is deemed arbitrary and capricious, especially given their prior rulings that found bump stocks legal.

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