Back in November, following the Las Vegas shooting, Columbia, South Carolina Mayor Steve Benjamin proposed a city ordinance which would ban the use of bump stocks and trigger cranks. Well, the city did it and now they are facing a lawsuit from an attorney who claims it's a violation of the Second Amendment.
Columbia attorney Mark Schnee filed his lawsuit just hours after the city of Columbia approved a ban on using bump stocks and trigger cranks in a unanimous vote on Tuesday evening.
"Banning inanimate objects to fix societal problems have never worked and never will work," Schnee said. "At the end of the day, if it's going to be banned, it needs to be banned and dealt with by a legislative body that has authority to do so, and the city simply does not."
While the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE; ATF) approved bump stocks as accessories under the Obama administration, they recently began looking into reclassifying them as "machineguns," something that would defy the words of the English language.
No matter how much wants to say that a semi-automatic rifle equipped with a bump stock is a machine gun, the reality is that it still takes a pull of the trigger every time you fire one round.
And Schnee points this out.
"The real disconnect that the city seems to have,” Schnee said. “Is the English language definition of part and or component."
While the lawsuit states "the city attempts to use the term 'component' rather than 'part' as if to make a legal distinction," Schnee says a "part" is a component of a gun. He went on to point out that was also the conclusion of the ATF at the time they approved bump stocks, though the ATF possesses no constitutional legislative authority to determine such things.
"You're never going to stop a person from committing a mass killing,” Schnee said. “If they want too, they'll get in a car or steal a bus and run people over the object isn't the issue."
This is the issue. The people in government don't want to apply things such as justice, ie. death penalty. However, they will implement more words the infringe on the rights of the people, all the while claiming they are doing something when they are doing nothing but violating the very document they swore and oath before God to uphold and defend.
Schnee won a case against the city when leaders put an ordinance in place banning guns within two hundred and fifty feet of the state house in 2016.
Here's the lawsuit, and I hope he wins this battle as well.
Sadly, people who work in our federal, state and local governments don't understand that arms are not just about "self-defense," but are also used to secure a free state. Therefore, it doesn't matter if it's a knife, a semi-auto handgun or fully automatic rifle, the restriction on the government, not the people, is that they are not to infringe on that right. I would go further and say it applies to any and all arms, including tanks and battleships, as our founding fathers recognized.
One thing the city of Columbia should keep in mind is that you don't need a bump stock to bump fire. Are these people seriously going to outlaw fingers and shoulders to stop bump firing of semi-automatic rifles? Probably not.
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