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First Attempted Bump Stop Prosecution Withdrawn

Even Sen. Feinstein Knows the Trump Bump Stock Ban is on Thin Legal Ice


Even Sen. Feinstein Knows the Trump Bump Stock Ban is on Thin Legal Ice

courtesy Denver Post and AP

In Houston just yesterday, a federal prosecutor appears to have gotten cold feet. Right before the trial began, in the face of an ATF expert prepared to testify that bump stocks do not a machine gun make, the prosecutor withdrew the bump stock possession charge, proceeding only with charges facing less resistance. From the Houston Chronicle:

Senior U.S. District Judge Gray H. Miller convicted Ajay Dhingra, 44, on three remaining counts that he lied when he purchased a handgun, rifle and ammunition, and illegally possessed a weapon as a person who had been committed for mental illness.

Experts had conflicting views on the [bump stock] matter, said defense attorney Tom Berg. But Rick Vasquez, a retired ATF agent and firearms expert, would have told the court the bump stock did not meet the statutory definition of a machine gun. The prosecution dismissed [the] case, he said, because the government couldn’t prove beyond a reasonable doubt the bump stock was a machine gun.

Perhaps that’s because a bump stock is not a machine gun? Just a hunch.



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