First bump stock prosecution backfires in Houston

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Grayling813
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First bump stock prosecution backfires in Houston

#1

Post by Grayling813 »

First bump stock prosecution under Trump edict backfires in Houston
https://archive.is/MnvXb
The first case testing a Trump administration edict outlawing bump stocks failed during a brief federal bench trial in Tuesday in Houston.
A federal prosecutor withdrew the unique charge before the trial began for a Houston man accused of owning the device. However, the defense was prepared to call an ATF expert to testify that bump stocks, attachments that cause a rifle to fire more rapidly, do not render a semiautomatic gun a machine gun.
But Rick Vasquez, a retired ATF agent and firearms expert, would have told the court the bump stock did not meet the statutory definition of a machine gun. The prosecution dismissed case, he said, because the government couldn’t prove beyond a reasonable doubt the bump stock was a machine gun.
“If something doesn’t meet the definition of a machine gun it’s not a machine gun and no amount of wishing or passing rules can change it,” Berg said.

crazy2medic
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Re: First bump stock prosecution backfires in Houston

#2

Post by crazy2medic »

I find this fascinating, I wonder if anybody else will try a bumpstock case!
Government, like fire is a dangerous servant and a fearful master
If you ain't paranoid you ain't paying attention
Don't fire unless fired upon, but if they mean to have a war let it begin here- John Parker

howdy
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Re: First bump stock prosecution backfires in Houston

#3

Post by howdy »

The bump stock owner won the case but he paid lots of his money to defend it. I hope he had help from a group or individuals.
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srothstein
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Re: First bump stock prosecution backfires in Houston

#4

Post by srothstein »

howdy wrote: Wed Nov 18, 2020 9:36 am The bump stock owner won the case but he paid lots of his money to defend it. I hope he had help from a group or individuals.
I think bad circumstances may have helped us in this case. He was still convicted on other firearms charges. With those charges to put a win in the AUSA's record, it was easier to convince him to drop this charge. I think it was being used as more of an add-on anyway to try to force a plea.
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OneGun
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Re: First bump stock prosecution backfires in Houston

#5

Post by OneGun »

srothstein wrote: Wed Nov 18, 2020 10:11 am
howdy wrote: Wed Nov 18, 2020 9:36 am The bump stock owner won the case but he paid lots of his money to defend it. I hope he had help from a group or individuals.
I think bad circumstances may have helped us in this case. He was still convicted on other firearms charges. With those charges to put a win in the AUSA's record, it was easier to convince him to drop this charge. I think it was being used as more of an add-on anyway to try to force a plea.
^^^^ This!
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bagman45
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Re: First bump stock prosecution backfires in Houston

#6

Post by bagman45 »

Sadly, since the DA dropped the bump stock charge, there still isn't a solid "legal precedence" case against this ridiculous ban. While I don't own a bump stock, and don't have a use for one, this approach of banning/"re-classifying" simple gun accessories will be THE END OF THE SECOND AMENDMENT if we allow it to continue.

crazy2medic
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Re: First bump stock prosecution backfires in Houston

#7

Post by crazy2medic »

My biggest issue with this is first the bump stock and now the pistol braces, ATF approves them then after there are hundreds in circulation suddenly now they disapprove of them making them illegal! Tough to close the barn door once the horse has gotten out!
Government, like fire is a dangerous servant and a fearful master
If you ain't paranoid you ain't paying attention
Don't fire unless fired upon, but if they mean to have a war let it begin here- John Parker

parabelum
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Re: First bump stock prosecution backfires in Houston

#8

Post by parabelum »

crazy2medic wrote: Sat Dec 05, 2020 8:17 am My biggest issue with this is first the bump stock and now the pistol braces, ATF approves them then after there are hundreds in circulation suddenly now they disapprove of them making them illegal! Tough to close the barn door once the horse has gotten out!
^^^This^^^

And to argue even further, what is to prevent ATF at some point in the future to issue an egregious edict such as banning triggers? In other words, you can have your AR etc. but not the trigger. It may seem as a absurd point now, but folks, these idiots are serious and seriously unpredictable in their overzealous and insatiable thirst to stomp on our 2A Rights.
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