Tag Archives: “bump stock”

Federal Judge Dismisses Class Action Against Slide Fire Solutions

A Federal Judge for the District of Nevada issued an order on September 17th dismissing a class action lawsuit against Slide Fire Solutions, makers of the notorious bump-fire stock. Slide Fire had filed a motion to dismiss the lawsuit pursuant to Federal Rule of Civil Procedure 12(b)(2) (which governs personal jurisdiction) and 12(b)(6) (which covers failures to state a claim for which relief can be granted).

Now I know you are all at the edge of your seats hoping for an in depth discussion about the Court’s analysis of personal jurisdiction, but this isn’t law school and I want you to come back to the blog for future articles. If you are interested, you can read the Court’s analysis of that issue here (Pages 5-13). However, the part that most of the readers will find fascinating is the Court’s analysis of Slide Fire’s claim under 12(b)(6) which points to the Protection in Lawful Commerce of Arms Act (PLCAA) for a defense.

PLCAA was enacted by Congress upon finding that manufacturers and sellers of firearms “are not, and should not, be liable for the harm caused by those who criminally or unlawfully misuse firearm products . . . that function as designed and intended.” Ileto v. Glock, Inc., 565 F.3d 1126, 1135 (9th Cir. 2009) (quoting 15 U.S.C. § 7901(a)(5)). Simply put, the statute requires Courts to immediately dismiss “qualified civil liability actions“. The term encompasses a few different things, but for the purposes of this discussion will mean civil actions “brought by any person against a manufacturer or seller of a qualified product . . . for damages . . . or other relief, resulting from the criminal or unlawful misuse of a qualified product by the person or a third party…” Just as a quick aside, there are exemptions to this general rule, which you can find in the definition here.

Based on the definition above, the Court was left to wrestle with whether a bump-fire stock was a “qualified product“. In order to qualify, the bump-fire stock needed to be found to be a firearm or a component part. Of course, Congress did not define the term “component part” which meant that the Court had to give it meaning. Each party gave differing interpretations, Slide Fire arguing that it was a component part based on ATF’s guidebook and ATF’s determination letter, while the Plaintiff’s argued that they were accessories because “they are added after a consumer purchases a fully functional rifle, require post-purchase installation, and are advertised as a way to “enhance” or “overhaul” a rifle in Slide Fire’s promotional catalog”.

The Court ultimately sided with Slide Fire on its interpretation that a bump-fire stock was a “component part”. The Court found, and the parties did not dispute, that a stock was a component part of a rifle.

Thus, it follows that upon installation, the bump stock is a rifle’s operative stock and, therefore, becomes an integral part of a rifle.

As such, the Court determined that the bump-fire stocks were qualified products under PLCAA and therefor protected by the statute.

The Plaintiffs also argued that one of the exemptions was applicable because of “(1) Slide Fire’s alleged false entry on its application for a federal firearms license (“FFL”); and (2) Slide Fire’s misrepresentations to the ATF about bump stocks being intended for persons with limited mobility.” The Court declined to address the first allegation because it was not included in the complaint. In relation to the second allegation, the Court determined that “if a device’s marketability to those with disabilities was not a factor in the ATF’s finding, then it follows that Plaintiffs cannot show that Slide Fire’s misrepresentation proximately caused the injuries that are the subject of this case.” Simply put, the Court did not believe the Plaintiff’s presented enough evidence to invoke the exemption to PLCAA.

The Court gave the Plaintiffs twenty-one (21) days to amend their complaint, which means that this bumpy ride might not yet be over for Slide Fire.


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Massive Comment Filed in Opposition to ATF’s Proposed Rulemaking Regarding Bump-Stock-Devices – ATF – 2017R-22

Firearms Industry Consulting Group (“FICG”), a division of Civil Rights Defense Firm, P.C., is honored to announce that Chief Counsel Joshua Prince and Attorney Adam Kraut drafted and filed a 923 page Comment in Opposition to ATF’s proposed rulemaking on bump-stock-devices (docket no. ATF 2017R-22 ) on behalf of Firearms Policy Coalition (“FPC”) and Firearms Policy Foundation (“FPF”). A copy of FPC/FPF’s Press Release can be found here and copies of the massive Comment in Opposition and 35 Exhibits can be found here.

Humorously, it appears that FICG broke the eRulemaking Portal, as ATF was unable to upload all exhibits (i.e. videos) and had to break the exhibits up over two separate comment IDs:

FPC Comment

It bears substantial mentioning that Patton Media and Consulting and former Acting Director of the Firearms Technology Branch and Senior Analyst Richard (“Rick”) Vasquez of Rick Vasquez Firearms LLC were instrumental in providing irrefutable evidence that ATF has purposely misled the public on the function of bump-stock-devices. While this would undermine the efforts of an administrative agency with a sterling reputation for candor, as reflected in the Comment, ATF has a well-documented record of “spinning” facts and engaging in outright deception of the courts, Congress, and the public. Thus, it is imperative that the current Administration appoint a director to ATF, who has a stellar reputation for candor, honesty and upholding the law as written, so that ATF’s extremely tarnished reputation might be rehabilitated.

If you or your company wish to file a comment in support or opposition to a notice of proposed rulemaking by a federal administrative agency, contact Firearms Industry Consulting Group today to discuss your rights and legal options.

 


Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

 

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FOIA Filed with ATF over Bump Stock Determinations

Today, Firearms Industry Consulting Group (FICG), on behalf of Firearms Policy Foundation (“FPF”), filed a, expedited Freedom of Information Act (“FOIA”) request with ATF requesting copies of all prior determinations issued by ATF regarding the lawfulness of bump stocks. As the comment period only permits comments to be submitted until June 27, 2018 and in the absence of disclosure of these documents, the public would be denied meaningful opportunity to respond, the FOIA request additionally requests expedited review and processing.

We will post ATF’s response when it is received. In the meanwhile, if you wish to stay apprised of issues relating to ATF attempting to ban bump stocks, please follow Americans Opposed to ATF 2017R-22 and after following, select “See First” under the Following tab so you can be assured to see all of the posts and updates!


Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

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ATF Publishes Notice of Proposed Rulemaking RE: Bump-Stock-Type Devices

Today the ATF published a Notice of Proposed Rulemaking regarding Bump-Stock-Type Devices. The comment period is open for 90 days, making comments due on or before June 27, 2018.

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The proposed rule would alter the definition of a machine gun in the regulations pertaining to the National Firearms Act (27 C.F.R. § 479.1, et seq.), the Gun Control Act (27 C.F.R. § 478.1, et seq.), and the Arms Export Control Act (27 C.F.R. § 447.1, et seq.).

Currently, the definition of a machine gun (in the GCA and NFA regulations) is

Any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.

This change would alter the definition to include the following language

For purposes of this definition, the term “automatically” as it modifies “shoots, is designed to shoot, or can be readily restored to shoot,” means functioning as the result of a self-acting or self-regulating mechanism that allows the firing of multiple rounds through a single function of the trigger; and “single function of the trigger” means a single pull of the trigger. The term “machine gun” includes bump-stock-type devices, i.e., devices that allow a semiautomatic firearm to shoot more than one shot with a single pull of the trigger by harnessing the recoil energy of the semiautomatic firearm to which it is affixed so that the trigger resets and continues firing without additional physical manipulation of the trigger by the shooter.

If you are interested in submitting a comment in opposition to the proposed rule, you may do so by visiting www.regulations.gov and searching the docket “ATF 2017R-22”. (Updated with link: https://www.regulations.gov/document?D=ATF-2018-0001-35714) If you wish to stay up to date on issues relating to this infringement of our rights, join the Facebook page Americans Opposed to ATF 2017R-22, where we will post updates and our submitted comments, as they become available. (Make sure to select “See First” from the Following tab to ensure that you see all of the posts)

All comments must reference the docket number ATF 2017R-22, be legible, and include the commenter’s complete first and last name and full mailing address. ATF will not consider, or respond to, comments that do not meet these requirements or comments containing profanity. In addition, if ATF cannot read your comment due to technical difficulties and cannot contact you for clarification, ATF may not be able to consider your comment.

Firearms Policy Coalition has retained Joshua Prince and myself to draft a comment in opposition on their behalf. To learn more visit: www.defendgunparts.com and Americans Opposes to ATF 2017R-22

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Join the Fight to Stop the Regulation of Bump Stocks

As many of our clients and viewers are aware, Firearms Industry Consulting Group® (FICG®) a division of Civil Rights Defense Firm, P.C., has submitted substantial comments in opposition to rulemaking entered into by the Bureau of Alcohol, Tobacco, Firearms and Explosives and spearheaded the opposition to ATF-41P. Unfortunately, as it appears that ATF intends to move forward expeditiously with a proposed rule in relation to bump stocks (and potentially other firearm accessories which purportedly permit or result in higher cyclic rates by the operator), we’re asking for your support so that we can prepare a comprehensive comment with appropriate expert reports, so that if ATF enacts any form of regulation, we will be able to challenge it in court.

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Although we do not yet have the text of any proposed rule, we already know that ATF intends to propose a rule, which will ban, at a minimum, bump stocks. There are also concerns, depending on the language proposed by ATF, whether it could impact competition triggers and other tangentially related parts and accessories. Hence, it is imperative that we begin retaining experts to provide expert opinion on functionality of bump stocks and other parts and accessories, which could be included in any proposed rule. We also must begin formulating all arguments in opposition so that we can ensure that all issues can later be raised in court, if necessary.

Thus, we have set up a page on our website – Challenging Bump Stock Rulemaking – where we have further information about the issue. Unfortunately, we can’t do this without your support. Unlike the Government, we don’t have unlimited funds at our disposal.

Anyone wishing to donate can:

  • Pay via our secure website: Civil Rights Defense Firm, P.C. – Please place “Bump Stock Regulation” in the reference field
  • Mail donations to: Civil Rights Defense Firm, P.C., 646 Lenape Rd, Bechtelsville, PA 19505; or,
  • Call our office at 888-202-9297.

When submitting your donation, please include a note or inform the staff that you are donating in relation to the Bump Stock Regulation.

For those interested in some of the comments that FICG has drafted and filed on behalf of Industry Members and itself in opposition to rulemaking by ATF, see:

FICG Files Comment in Opposition to ATF – 41P – ATF’s proposed (and later enacted) rule to impose additional burdens on fictitious entity applications.

FICG Files Comment on behalf of David Goldman, Esq. of GunTrustLawyer.com in Opposition to ATF-41P

FICG Files Comment in Opposition to ATF 51P – ATF’s proposed rule to ATF’s to amend the definitions of “adjudicated as a mental defective” and “committed to a mental institution.”

FICG Files Comment in Opposition to ATF 29P on Behalf of Dead Air Armament – ATF’s advanced notice of proposed rulemaking regarding silencer engravings.

FICG Files Comment in Opposition to ATF’s Proposed Changes to the 4473 Form

 

 


Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

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ATF to Publish Advance Notice of Proposed Rulemaking Re: Application of the Definition of Machinegun to “Bump Fire” Stocks and Other Similar Devices

EDIT 3: Publication date is now scheduled for 12/26/2017. Deadline for submissions would be Thursday, January 25, 2018.

EDIT 2: Document has been reposted. Link is working again.

EDIT: It appears the document has been removed “The Office of the Federal Register withdrew this document after it went on public inspection due to technical errors.” I’ll be keeping my eye for a repost.

ANPRM

Tomorrow, ATF will publish an Advance Notice of Proposed Rulemaking regarding the application of the definition of machinegun to “Bump Fire” stocks and other similar devices. As many have feared, it appears that the regulatory agency is soliciting information to help draft a rule which may potentially lump bump fire stocks, binary triggers, etc., within the definition of machinegun.

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Comments are due thirty (30) days from the date of publication in the Federal Register. Assuming that nothing goes awry with the publication tomorrow, that would mean any comment you wish to submit in opposition to this advance notice would need to be submitted by 11:59 PM on Sunday, January 21, 2018 11:59 PM on Thursday, January 25, 2018. While one might expect an extra day to be provided to place the deadline on a Monday, agency rules govern. ATF confirmed via telephone that the deadline was Sunday.

ATF is specifically seeking feedback from consumers regarding the following:

  1. In your experience, where have you seen these devices for sale and which of these has been the most common outlet from which consumers have purchased these devices (e.g., brick and mortar retail stores; online vendors; gun shows or similar events; or private sales between individuals)?
  2. Based on your experience or observations, what is (or has been) the price range for these devices?
  3. For what purposes are the bump stock devices used or advertised?

The ATF has a broad range of questions for manufacturers including:

  1. For what use or uses have you marketed bump stock devices?
  2. If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, what would you expect to be the impact on your gross receipts for calendar year 2018?
  3. If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, what other economic impact would you expect (e.g., storage, unsellable inventory)?
  4. If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, do you believe that there would be a viable (profitable) law-enforcement and/or military market for these devices? If so, please describe that market and your reasons for believing such a viable market exists.

The ATF asks retailers similar questions.

All comments must:

  1. reference docket number 2017R-22;
  2. be legible (I expect most submission will be done electronically); and
  3. include the commenter’s complete first and last name and full mailing address.

ATF will not consider, or respond to, comments that do not meet these requirements or comments containing profanity. In addition, if ATF cannot read your comment due to technical difficulties and cannot contact you for clarification, ATF may not be able to consider your comment.

If you’re a consumer, I suggest you submit a comment to the advance notice of proposed rulemaking. For helpful hints on how to draft a comment, take a look at the information in the article I wrote for Recoil Web, although some of that information would be more applicable for a Notice of Proposed Rulemaking.

If you represent a manufacturer or a retailer and want to inquire about obtaining services for the drafting of a comment, please contact the office as soon as possible to ensure sufficient time to draft a comment.

 

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