Ohio Court Strikes Down Cincinnati’s Bump Stock Ban

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  • press1280

    Ultimate Member
    Jun 11, 2010
    7,912
    WV
    It's based on a preemption violation. It's only helpful outside OH in the context that firearm accessories should be given the same weight as firearms themselves.
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,953
    Marylandstan
    Soo. from ATF website.

    The Final Rule
    The rule will go into effect March 26, 2019; 90 days from the date of publication in the Federal Register.

    The final rule clarifies that the definition of “machinegun” in the Gun Control Act (GCA) and National Firearms Act (NFA) 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.
     

    DaemonAssassin

    Why should we Free BSD?
    Jun 14, 2012
    23,992
    Political refugee in WV
    Soo. from ATF website.

    The Final Rule
    The rule will go into effect March 26, 2019; 90 days from the date of publication in the Federal Register.

    The final rule clarifies that the definition of “machinegun” in the Gun Control Act (GCA) and National Firearms Act (NFA) 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.

    And with a normal AR trigger, their definition for a bump stock defies the laws of physics and the design of the AR trigger. Trigger has to reset, and therefore in order to fire another round, the shooter must manipulate the trigger again. Furthermore has anybody seen the contradiction that they made?
     

    TinCuda

    Sky Captain
    Apr 26, 2016
    1,558
    Texas
    I posted this hoping someone would school me on it. I guess I will be forced to ask a dumb question...

    Why does Ohio, at a state level care? Can this somehow overrule what the ATF says? Is this treated somehow like marijuana in that it can be illegal federally but not enforced if the state says it's OK?
     

    cantstop

    Pentultimate Member
    MDS Supporter
    Aug 10, 2012
    8,193
    MD
    I posted this hoping someone would school me on it. I guess I will be forced to ask a dumb question...

    Why does Ohio, at a state level care? Can this somehow overrule what the ATF says? Is this treated somehow like marijuana in that it can be illegal federally but not enforced if the state says it's OK?

    I think it is like MJ. Folks in DC were openly selling it and DC wasn't busting people. Jeff Sessions sent in the fed's and those folks got arrested.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    I posted this hoping someone would school me on it. I guess I will be forced to ask a dumb question...

    Why does Ohio, at a state level care? Can this somehow overrule what the ATF says? Is this treated somehow like marijuana in that it can be illegal federally but not enforced if the state says it's OK?

    The issue was whether a local government could enact certain restrictions on firearms. The court said that the state law prohibited these local restrictions. This case had nothing to do with the ATF restrictions on bump stocks.
     

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