First Bump Stock Prosecution Fails In Houston (Read 2133 times)

punaperson

First Bump Stock Prosecution Fails In Houston
« on: November 18, 2020, 08:26:47 AM »
First Bump Stock Prosecution Fails In Houston

https://www.lsgr.live/post/first-bump-stock-prosecution-fails-in-houston?postId=5fb557143853530017362954

Excerpt:

The first prosecution involving bump stocks since the Trump administration outlawed the devices failed on Tuesday, November 17, 2020, in Houston, Texas. The prosecution withdrew the possession of the banned device charge after failing to provide evidence beyond reasonable doubt.


Contrarily, the defense was ready to call a retired ATF expert witnesses, Rick Vasquez, to confirm that bump stocks did not convert a semiautomatic firearm into a machine gun. Bump stocks cause a gun to increase the fire rate but fail to meet the statutory threshold definition of a machine gun.


“If something doesn’t meet the definition of a machine gun, it’s not a machine gun,” defense attorney Tom Berg said. “And no amount of wishing or passing rules can change it.”

omnigun

Re: First Bump Stock Prosecution Fails In Houston
« Reply #1 on: November 18, 2020, 10:10:51 AM »
First Bump Stock Prosecution Fails In Houston

https://www.lsgr.live/post/first-bump-stock-prosecution-fails-in-houston?postId=5fb557143853530017362954

Excerpt:

The first prosecution involving bump stocks since the Trump administration outlawed the devices failed on Tuesday, November 17, 2020, in Houston, Texas. The prosecution withdrew the possession of the banned device charge after failing to provide evidence beyond reasonable doubt.


Contrarily, the defense was ready to call a retired ATF expert witnesses, Rick Vasquez, to confirm that bump stocks did not convert a semiautomatic firearm into a machine gun. Bump stocks cause a gun to increase the fire rate but fail to meet the statutory threshold definition of a machine gun.


“If something doesn’t meet the definition of a machine gun, it’s not a machine gun,” defense attorney Tom Berg said. “And no amount of wishing or passing rules can change it.”

Would this apply to Hawaii's law?

punaperson

Re: First Bump Stock Prosecution Fails In Houston
« Reply #2 on: November 18, 2020, 01:36:48 PM »
Would this apply to Hawaii's law?

The case was withdrawn by prosecutors, so there is no court decision that could be used as precedent, even in Texas, much less Hawaii.

Flapp_Jackson

Re: First Bump Stock Prosecution Fails In Houston
« Reply #3 on: November 18, 2020, 01:59:15 PM »
Would this apply to Hawaii's law?

Hawaii law addresses an increased rate of fire, not transformation of a semi-auto weapon into a "machine gun."

Quote
"Bump fire stock" means a butt stock designed to be attached to a semiautomatic firearm and designed,
made, or altered to increase the rate of fire achievable with such firearm by using energy from the recoil
of the firearm to generate a reciprocating action that facilitates repeated activation of the trigger.

https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0008_0005.htm
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

6716J

Re: First Bump Stock Prosecution Fails In Houston
« Reply #4 on: November 18, 2020, 02:23:05 PM »

The case was withdrawn by prosecutors, so there is no court decision that could be used as precedent, even in Texas, much less Hawaii.

much like the CA case where it was withdrawn before they could define the firearm issue as AR receivers are not firearms. https://www.cnn.com/2019/10/11/us/ar-15-guns-law-atf-invs/index.html

Firearm Frame or Receiver
That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel. 27 CFR § 478.11.
I'd rather have a bottle in front of me, than a frontal lobotomy.

punaperson

Re: First Bump Stock Prosecution Fails In Houston
« Reply #5 on: November 18, 2020, 03:00:10 PM »
Hawaii law addresses an increased rate of fire, not transformation of a semi-auto weapon into a "machine gun."

https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0008_0005.htm

I quit following the legislation at a certain point. Could you clarify whether this part of the definition of illegal items:

"Multiburst trigger activator" means:

     (1)  A device that simulates automatic gunfire by allowing standard function of a semiautomatic firearm with a static positioned trigger finger or a device that fires multiple shots with the pull and release of the trigger; or

     (2)  A manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it simulates automatic gunfire.


Includes rubber bands, belt loops, dowel rods, a statically held rigid trigger finger while applying forward pressure on the firearm, etc.? I included pictures of all those in my testimony just to make sure they (the legislators supporting the legislation) knew they were lying, ignoramus hypocrites, but they've never listened to a word I've ever presented to them before, so suspect they didn't listen again. Just wonder if they discussed it and figured the above definition covers those items "if used for that purpose".

Flapp_Jackson

Re: First Bump Stock Prosecution Fails In Houston
« Reply #6 on: November 18, 2020, 03:04:29 PM »
I quit following the legislation at a certain point. Could you clarify whether this part of the definition of illegal items:

"Multiburst trigger activator" means:

     (1)  A device that simulates automatic gunfire by allowing standard function of a semiautomatic firearm with a static positioned trigger finger or a device that fires multiple shots with the pull and release of the trigger; or

     (2)  A manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it simulates automatic gunfire.


Includes rubber bands, belt loops, dowel rods, a statically held rigid trigger finger while applying forward pressure on the firearm, etc.? I included pictures of all those in my testimony just to make sure they (the legislators supporting the legislation) knew they were lying, ignoramus hypocrites, but they've never listened to a word I've ever presented to them before, so suspect they didn't listen again. Just wonder if they discussed it and figured the above definition covers those items "if used for that purpose".

I can neither confirm nor deny the use of nuclear weapons in downtown Honolulu.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw