"In the wake of the carnage following the Las Vegas the scores of bodies had only barely begun to cool when massive partisan finger pointing began. To be fair, Hillary Clinton was out of the box early
tweeting how much worse it could have been had the shooter had a silencer. Her statement did not occur in a vacuum,
Republicans were pushing a bill in Congress that very week seeking to legalize silencers. Republicans tabled the legislation, at least for now, after the Las Vegas incident. Still, Hillary Clinton was strongly criticized for “exploiting” the tragedy for political purposes.
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So are they right? Did the Obama Administration, which these same conservatives claim had no respect for the 2d Amendment, really decide to not regulate the bump stock? The short answer is . . . not really.
Rather than deciding to not regulate the bump stock (which suggests discretion to do so if it wanted) the ATF determined it did not have the authority to regulate the device. It is quite obviously one thing to say “we can’t do this” vs. “we choose to not do this.” The ATF decided the former.
At issue was the authority granted the ATF to regulate firearms under the
National Firearms Act. The NFA allows the ATF to regulate some firearms, in some ways. However, the NFA does not generally (with a few exceptions) allow the ATF to regulate firearm parts. So when presented the question by a bump stock manufacturer Obama’s ATF had a threshold question:
Is the bump stock a firearm (possibly subject to regulation) or a firearm part (not subject to regulation)?
Quite understandably, Obama’s ATF determined a bump stock is not, itself, a firearm but rather a part to a firearm.
Thus, Obama’s ATF determined it was without authority to regulate this part to a firearm. In the words of the ATF:
“we find the ‘bump stock is a firearm part and is is not regulated as a firearm under the Gun Control Act or National Firearms Act.”
In short, because the Act does not allow us to regulate it, we cannot regulate it. Duh. This is simply a case of the Obama Administration respecting the rule of law. The problem was not with the Obama Administration, it was with a law that handcuffed the Administration. Before blaming the Obama Administration
you might want to consider which party generally opposes legislation expanding the authority of the ATF to regulate in this area."