Tag Archives: Firearms Policy Coalition

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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Filed under ATF, Firearms Law, Uncategorized

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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PRESS RELEASE: Amici Curiae Brief of Members of the Pennsylvania General Assembly, Firearms Owners Against Crime, Firearms Policy Coalition, and Firearms Policy Foundation Filed in Pennsylvania Supreme Court!

Today, in a case that will have a major impact on firearm rights in the Commonwealth, Joshua Prince, Esq., Chief Counsel of the Firearms Industry Consulting Group® (“FICG®”), a division of Civil Rights Defense Firm, P.C., filed an amici curiae brief (or friends of the court brief) before the Pennsylvania Supreme Court on behalf of numerous members of the Pennsylvania General Assembly, Firearm Owners Against Crime (“FOAC”), Firearms Policy Coalition (“FPC”) and Firearms Policy Foundation (“FPF”) in support of Mr. Michael Hicks in the matter of Commonwealth v. Hicks, 56 MAP 2017. You can find a copy of the Amici Curiae brief here.

In this case, the Pennsylvania Supreme Court will be deciding whether the mere open or concealed carrying of a firearm – in the absence of any criminal conduct – is sufficient to establish reasonable suspicion of criminal conduct. Simply put, the PA Supreme Court intends to decide whether law-abiding citizens can be harassed and interrogated by police for merely open or conceal carrying a firearm.

In the event the Court finds that the mere open or concealed carrying of a firearm is sufficient to establish reasonable suspicion of a crime, all conduct, which can be lawful or unlawful, would be sufficient to establish reasonable suspicion – i.e. Pandora’s box would be opened. For example, police would have reasonable suspicion to stop a boy merely walking down the street with a baseball bat, because that baseball bat could be used for either a lawful or unlawful purpose. Even more abhorrent, the police would have reasonable suspicion to stop someone walking down the street with a wallet, because that wallet may have counterfeit bills within it. Maybe the best example is that the police would have reasonable suspicion to stop EVERY motorist, because the motorist may not have a driver’s license, proof of insurance or proof of inspection. We simply cannot permit this ongoing erosion of our inalienable rights.

It is for these reasons and their steadfast devotion to the Second Amendment and Article 1, Section 21 that a number of members of the General Assembly, Firearms Owners Against Crime, Firearms Policy Coalition and Firearms Policy Foundation decided that it was imperative that an amici curiae brief be filed.

Unfortunately, the cost to prepare this brief was monumental, since it required review of all relevant state and federal court decisions across the United States; thus, if you are in a position to be able to support the preparation of this brief, Civil Rights Defense Firm, P.C. would greatly appreciate donations, which can be made online through the Firm’s escrow account here – https://secure.lawpay.com/pages/civilrightsdefensefirm/trust. Simply place Hicks Appeal in the reference box.

 


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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Filed under Firearms Law, Pennsylvania Firearms Law