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I mean, a machine gun is a legal term that they do not meet the definition of, so there's that.
There’s the letter of the law and then there’s the spirit of the law. What was the law made for?
I think the idea of banning fully automatic weapons was to make it more difficult to have a high rate of firing. All of these automatic adjacent fixes are skirting the letter of the law, in spite of the spirit of the law.
Only the former should be legally enforceable. If you start enforcing the latter regardless of the former, the legal system stops being about rule of law and more about the subjective whims of those enforcing it.
If the letter of the law doesn't capture the intent, then the law needs to change, but laws shouldn't be subjectively enforced on the basis of what someone feels like they should mean rather than what they actually say.
If there's a loophole a lawyer will be there.
You sound like someone who would date a child, but it's fine because you didn't do anything sexual until it was legal.
He doesn't sound like a republican to me.
Guy defending making a weapon near fully automatic to skirt the letter of the law, not republican? Sounds pretty Republican.
The dude didn't even speak about weapons in his comment, he simply said the judicial branch isn't supposed to enforce laws based on what they should have been written but as they are. It's the fault of the legislative branch that the only legislation they have to tackle this problem is from the 1930s, but that doesn't mean the courts are allowed to enforce what law should mean when it's written in a legally explicit way, that's a form of legislation from the bench. All of that is simply just how the judicial branch works, it seemed to me much more an explanation than a defense.
Chiming back in here to say that yes, that was exactly my point.
To maybe make it a little clearer, a hypothetical: imagine a Republican-controlled state enacts a law banning late term abortions and makes it punishable with jail time for women to receive one.
That hypothetical law includes a clause defining a late term abortion as one taking place at any time past 37 weeks from conception.
A woman has an abortion at 36 weeks pregnant. Anti-abortion activists insist that she should be culpable under the law; an abortion at 36 weeks is functionally the same as an abortion at 37 weeks and 36 weeks is very obviously late term pregnancy, they claim.
If the local sheriff then arrests that woman, is the sheriff behaving lawfully?
That's why the government being bound to the letter of the law is so incredibly important. A law can be stupid, harmful, regressive, or otherwise bad in any number of ways, but if the government must act within the law as written, then at least we know what rules we're playing by and can work to change them.
If the government is allowed to arbitrarily and capriciously ignore the letter of the law in favor of what the people enforcing it wish the law were, that will be abused by bad actors. That sort of thing is more or less a universal component of authoritarianism.
tl;dr - we shouldn't do it because allowing it will allow it to be used against us.
If they wanted to ban any device that enabled firing more than N rounds per minute, they could have.
The spirit of the law is to ban machine guns, not set a subjective and arbitrary "firing rate" for semi automatics. You can achieve the same effect with any semi auto by just holding your beltloop. The only argument for it meeting the "spirit" of the law was that the NFA was a brazen attempt to skirt the 2nd Amendment and the goal was to ban as much as they could without it being thrown out, so this does sorta fit in with that, but not really.
"At least... it wasn't... a machine gun" - last words of a five year old killed by one of these.
God bless America.
I mean, they really aren't used in crime in any appreciable way. Criminals just modify/use real machine guns. The law in question doesn't even apply to felons, only legal gun owners can be charged with it.
That's not exactly true. There are quite a few Glocks with illegally-installed full-auto switches, making them illegal machine guns. Those are definitely used in crime, mostly gang violence I think, at least based on the news reports of seizures I've seen.
That is exaxtly what I was referring to. FRTs aren’t what are turning up at crime scenes. When you’re committing murder, the majority of which is gang related, you don’t bother with expensive work around; you just put a switch in your Glock and call it a day. It also helps that felons and minors can’t be charged with a crime under the NFA for possession of a machine gun like a switched Glock.
I’m not going to say that they have never been used in a crime because nothing is absolute, but they are definitely a niche and rare even outside the context of crimes. I would be very surprised if there has actually been a case of “a 5 year old” getting murdered with one like the other guy suggested. I feel like it’s both extremely unlikely statistically and something that would have generated massive media coverage.
Ya, it just does functionally the exact same thing. Totally different and logical to allow it.
Any modern gun can functionally do the exact same thing with a beltloop, stick or just your finger. The difference is that a machine gun is actually a specific and different function from this that does it automatically for you.
So kinda like the same distinction between semi-auto and full-auto? One just does things for you automatically?
Not at all, fully automatic is it will continue to fire so long as the trigger is held down. It has always been that. With both FRTs and bump stocks you still pull the trigger individually for every single round that is fired. You can do the exact same thing without an FRT or a bump stock and even revolvers can be fan fired.