Jerry Miculek’s trigger finger is now evidence in court
The firearms community has joked about using Jerry as an example in a court battle, and now it’s actually happened.
To put the absurdity of ATF’s argument in perspective, a look at competitive sport shooter Jerry Miculek is necessary. Mr. Miculek not only can shoot faster than an individual employing a bump-stock-device but can shoot far more accurately. 59 Even more evident of the completely arbitrary and capricious nature of this proceeding is the video compendium of Mr. Miculek’s abilities and achievements, which depicts that “he did it. He did 8 rounds in one second, on one target. He did 8 rounds on four targets in 1.06 [seconds]. Six shots and reload and six shots in 2.99 seconds.” 60 Thus, as individuals can achieve, with greater accuracy, faster cyclic rates than those utilizing bump-stock-devices, the underlying premise of this proceeding is completely arbitrary and capricious.
To the extent ATF contends that it was carrying out some unverified and unsupported contention of Congress to ban anything mimicking the rate of fire of a machinegun 61 (83 Fed. Reg. 13447) – a rate of which varies greatly 62 and neither has a commonly accepted average rate nor a proposed rate by ATF – Mr. Miculek would seemingly be looking at some potential legal issues, in violation of his Constitutional Rights and reflecting the sheer absurdity of this final rule.