Jerry Miculek is Used as an Example in the FPC Lawsuit Against the Bump Stock Ban


#1

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.

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#2

This might be one of the more convincing arguments against banning bump stocks. However, it won’t keep them from coming after large-capacity magazines (or semi-automatics in general) in the future.


#3

Love it.
But forget the video evidence. I think Jerry should be called as a professional witness and do a live fire demo of he vs a bump fire stock. Just need an appropriate target :thinking:


#4

I’m not a fan of this. These anti-gunners will use this as an opportunity to try and push the banning of semi-autos because it is “humanly possible” to be super fast and accurate thanks to this now evidence in court. Don’t laugh, this is a legit opinion and not far fetched because look who we are dealing with. The “fully semi-auto” crowd.


#5

Valid point.
Will they take the gun from my cold dead fingers or take my cold dead fingers?

So this point and GrizzlyGary’s about the “High” capacity magazines beg my question in another post. At what point do we willingly go from “Law Abiding Gun Owners” to “Formerly Law Abiding Gun Owners?”


#6

join the live chat, listen of fire up a mic


#7

As the Boulder CO situation proves probably a bunch of us will.


#8

I’d like to also add that if we all (firearm owners of the US) did refuse to comply there aren’t enough jail cells in the country to imprison tens or a hundred million of us. I just wish we could just take over and expel the treasonous bastards trampling on our constitution.


#9

Do you think they’d never make this argument without this as apart of the lawsuit?

They’ve already made this argument. It’s not like they never thought of this before this happened.


#10

Amen brother.
But that’s the thing. We have to do it en mass. Is that done via public demonstrations? Look at Antifa. If one guy stands in the street blocking traffic he gets arrested. If 100 do it, the cops break it up. If 1000 do it they stand by and watch.
If I get caught with a bump stock I get prosecuted. (Not sure if that’s a ticket or arrest.) If 100 of us got caught together we’d probably only get our names on a list and fail any future NICS check. If 1000 of us got caught the media might show up. But I bet little else. 1 Million and you get the attention of the politicians.

But how does that get organized. Can’t be the NRA. God Bless 'em but they lost their collective nuts on this issue.


#11

Thanks,
I did listen to the last half hour or so. Not sure how to participate. I’ll figure it out unless it’s invite only.


#12

that’s cause he is full semi-auto


#13

This is my bumpstock, ban this.


#14

The sad part is that these treasonous bastards keep getting elected instead of expelled. There are more than enough uninformed or downright stupid people who vote for them if promised to be given something else in return.


#15

Miculek is irrelevant tot he federal rule on bump stocks… go read it! The ATF addresses the issue. Because he uses his finger, it is legit. It has to do with the mechanical device and no movement of the finger per round fired. We HAVE to argue and approach this from the proper place, otherwise we have no hope of winning. This is an over reach of the executive branch, period. They do not have the authority to change definitions inside of legislation. that requires a congressional amendment to the legislation. further, just because there seems to be a lot of misinformation going around, the ATF also talks in this final rule how binary triggers are not affected because again, you move your finger twice, they fire twice.


#16

A bumpfire stock changes the function of a weapon no more than a 2 pound trigger with a 1/64" reset. I never was able to get a bumpstock to work reliably. Best I ever did was 11 rounds. I can fire as fast with my elftmen trigger, and even faster with my DigiTrigger.


#17

Jerry is one portion of a 48 page paper with many arguments.

Jerry is used as an example that the rate of fire does not define a machinegun, logically or legally.


#18

To qualify as a machine gun, the sear needs to be able to release the hammer automatically once the chamber is closed without any other input from the operator other than holding the trigger. Bumpfire does not meet that qualification as the sear can not release the hammer unless the trigger is physically released, allowing the sear to reset, and then pulling the trigger again, allowing the hammer to be released.


#19

I realize the chat is over now, but for future reference, here is what you should do:

First step would be to join Gun Channels (it’s free) at http://www.gunchannels.com, if you have not already done so. Now, once you get to the channel page, you will have to refresh your screen, then click the Chat Rooms button at the bottom right. Then, the chat will automatically refresh. On many of the chats such as this one, the Gun Channels chat will contain a link to the Google Hangout, where you can join the live discussion. Or, you can ask for a link within the chat itself.


#20

Rate of fire is all they are after. If they get away with this then any modifications to a trigger or swapping one out could be a felony in the future