Real gun rights organizations step up to challenge Trump’s unconstitutional power grab

gun rights

Hot on the heels of the announcement that President Donald Trump’s Department of Just(Us) was going to unilaterally ban a legal gun device, a bump stock manufacturer and three gun rights organizations filed suit to stop it and overturn any authority Trump and his acting attorney general think they have to create ex post facto laws out of thin air.

The lawsuit is titled Guedes v. BATFE. It was filed by plaintiffs Damien Guedes, Firearms Policy Coalition, Firearms Policy Foundation and Madison Society Foundation. The suit seeks a preliminary injunction and challenges acting AG Matthew Whitaker’s appointment and his authority to create law.

On Tuesday, Trump signaled he was following through on his pledge to ban bump stocks by having the Bureau of Alcohol, Tobacco, Firearms and Explosives reclassify the devices as “machine guns” under the 1934 and 1968 firearms acts. The devices would become illegal 90 days after the order is placed in the federal register, which would instantly turn tens of thousands of lawful and law-abiding Americans into felons. There are an estimated 500,000 of the devices in circulation.

According to the Department of Alcohol, Tobacco, Firearms and Explosives, “…current possessors of these devices will be required to destroy the devices or abandon them at an ATF office prior to the effective date of the rule.” The penalties for noncompliance would be term of 10 years in a federal prison and a fine of up to $250,000.

As we told you Tuesday, a bump stock is a device that can be attached to a sporting rifle that allows the operator to use the gun’s recoil to help speed up the action of pulling the trigger. It does not magically make a semi-automatic rifle into an automatic. This is a distinction with a profound difference and not just semantics.

The Barack Obama administration ruled bump stocks as legal devices.

During a speech to National Rifle Association members gathered for the organization’s annual leadership forum in April 2007, President Donald Trump vowed that he “will never, ever infringe on the right of the people to keep and bear arms.” So much for that promise.

Trump, who campaigned as being “strong on the 2nd Amendment, has once again shown he’s nothing but a loud-mouthed carnival barker without any core beliefs or values outside the Trump brand. He has no fealty to the Constitution whatever, and rarely ever mentions it.

This is something we warned you about long ago and many times since.

On Wednesday, Gun Owners of America announced it had also prepared a suit to seek an injunction against the new order and was waiting for the DoJ to post its new rule before filing it.

The surrender monkeys at the NRA, however, apparently have no plans to contest Trump’s power grab, having signaled just after the Las Vegas massacre that they’d support a move to ban the devices. Why anyone would pay money to be a part of that nefarious organization is beyond me. Since its inception it has surrendered on 2nd Amendment challenges far more than it’s fought them.

Trump’s order by fiat is a violation of Article I, Section 1 and Article I, Section 9 of the Constitution, as well as the 2nd, 4th, 5th and 9th Amendments, at least.

If you’d like to learn more about the Guedes v. BATFE suit you can read the filing documents at or the Firearms Policy Coalition website. They are also seeking donations to support the case. I have made mine.


  1. When you think that bump stock saga is based on a fake event in Nevada that nobody was curious enough to investigate…

  2. Tell me; really what is the need for bump stocks ? Are you such a bad tracker that you need to fill your game with bullets so it doesn’t run off. Learn to make head shots. My friends say “you’ll never get a trophy buck by blowing its head apart”, that’s ok I have lots to eat and save bullets too. If you are worried about a home invasion; head shots will stop anyone. Don’t be so proud you can’t shoot through a wall. With this in mind ask yourself again; what is the need of a bump stock ? If it just so you can have one. Well, get a license to buy a machine gun and cut out the middle man.

    • Seriously. What do you need a TV for? How about video games? How about movies? What else do you find fun? That’s exactly what a bump stock is for. Fun! No one knowledgeable would think it’s for accuracy. They’re ridiculously inaccurate. Going to ban belt loops too? Hook a thumb in a belt loop, and you can easily bump fire a rifle. Just like a machine gun, except it’s the (ridiculously) inaccurate toy version of a machine gun…

  3. Harlan Dutton, it’s a matter of principle. This ban has to defeated to send a message to the gun-grabbers that no more micro-aggressions by them against the 2A will be tolerated.

  4. The necessary inference to draw from the BATFE’s new regulation is that any semi-automatic firearm which is capable, by any means whatsoever, of “bump firing” is inherently a “machine gun”. and that therefore all such semi-automatic firearms can treated just as “bump stocks” are being treated in this new regulation. Therefore, if the BATFE prevails, expect a massive attack on all such semi-automatic firearms.

  5. @Harlon Dutton. Bump stocks turn money into noise. There is NO EVIDENCE Forensic Ballistic or otherwise that the rifles used in Las Vegas were used by the “shooter” . They were there and that was it. If they had the evidence don’t you think that would have been on all networks all the time. Over 1,100 rounds were fired at a range of 300 to 450 meters 58 People dead 422 wounded by gunshot and YET NOT ONE BULLET RECOVERED and MATCHED TO ANY OF THE WEAPONS IN THE ROOM. Yet they are trying to ban a device that makes accuracy beyond 25-50 meters IMPOSSIBLE. The bump stock effect can be done with the fingers and a belt loop, a piece of string or a rubber band. Do you support banning these things as well? This is a Semi-Auto weapon grab pure and simple. Even Dianne Feinstein said the BATFE COULD NOT ban bump stocks with out changing the law. Now we have unelected and unaccountable bureaucrats doing it. This is BS and needs to be quashed with prejudice

  6. Forget the bump stocks altogether. Gun rights organizations should be fighting “red flag” confiscation orders that remove property without due process, as well as violating the second article.

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