Ethics Quote of the Month: Ironically, It’s Justice Alito!

“An event that highlights the need to amend a law does not itself change the law’s meaning.”

—-Justice Joseph Alito, concurring in the case of Garland v. Cargill and re-affirming the ethical, legal, democratic and conservative principle that laws shouldn’t be ignored or changed by courts just because they no longer work the way they were designed to.

I guess this will be just one more reason for the Angry Left to try to “get” Alito. Maybe he likes to eat candy bars that a lot of the Capitol rioters ate, or something. May be they’ll hire a lip-reader to try to catch him saying something like “it was a riot!” while smiling. Conflict of interest! Recuse!

Re-affirming why the 6-3 conservative SCOTUS majority is good for democracy, the U.S. Supreme Court yesterday ruled that the Bureau of Alcohol, Tobacco, Firearms and Explosives (aka the ATF) exceeded its statutory authority when it tried to ban bump stocks by classifying them as machineguns. Machineguns are defined in an old statute, the National Firearms Act of 1934. It banned “machine guns,” encompassing today’s automatic weapons. The law “defines a machinegun as any weapon capable of firing “automatically more than one shot…by a single function of the trigger,” as Justice Clarence Thomas explained in the majority opinion. Although the definition also covers parts of a gun that are “designed and intended…for use in converting a weapon” into a machinegun, it does not cover “bump stocks.”

Bump stocks assist “bump firing,” which involves pushing a rifle forward to activate the trigger by bumping it against a steady finger, then allowing recoil energy to push the gun backwards, resetting the trigger. If the shooter maintains forward pressure and keeps the trigger finger in place, a semi-automatic rifle will fire like an automatic weapon (anti-gun fanatics don’t know the difference, and don’t care). The ATF’s “interpretive rule” published in December of 2018 banned stock replacements that facilitated this operation.

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Comment Of The Day: “Morning Ethics Warm-Up, 11/7/17: Election Day Edition”

JP‘s timely and thoughtful Comment of the Day on #4 in yesterday’s Warm-Up would also be a germane COTD on #3 of this morning’s Warm-up.

Unlike the anti-gun “Do Something!” chorus, JP actually examines the likelihood of two widely proposed gun regulations having any measurable effect on the problem they are supposed to address.

Below is JP’s Comment of the Day on the post, Morning Ethics Warm-Up, 11/7/17: Election Day Edition. 

I’ll be back at the end, with quite a bit, frankly.

I think [the “We have to do something!” response] is virtue signaling because it accomplishes nothing and because doing something just to do something can  be reckless. Mostly, I have been ignoring these incidents because I have no better solution. Americans have a right to own a gun. However, in the increasingly intense aftermath of the 2016 election, I have been amazed at the number of people who I believe to be intelligent that have thrown logic and reasoning out the window. Therefore, I have decided to investigate some versions of “doing something” to see what they might accomplish.

Outside of total gun confiscation, the most common types of gun control proposed are bump stock bans and closing the gun show loophole. According to CNN (take that for what it’s worth) there were 12 bump stocks found on the weapons used in the recent Vegas strip shooting. For those of you who are not aware of what a bump stock is,  it is a device that is attached to the weapon to simulate rapid fire. What it actually does is compensates for the slowness of the user at the expense of accuracy. For example, if you were using an AR-15 you would steady the weapon with your shoulder. If you are pump firing, the rocess involves bracing the rifle with the non-trigger hand, releasing the grip on the firing hand (leaving the trigger finger in its normal position in front of the trigger), pushing the rifle forward in order to apply pressure on the trigger from the finger, and keeping the trigger finger stationary. During a shot, the firearm will recoil (“bump” back) and the trigger will reset as it normally does; then, the non-trigger hand pulls the firearm away from the body and back to the original position, pressing the trigger against the stationary finger again, thereby firing another round when the trigger is pushed back. During this process, it is common for the magazine to be emptied in a quick manner.

Bump stocks cost about $100, though the price depends on the quality. I’ve read that you could do a makeshift bump stock using some rubber bands, making it difficult to regulate. So the question remains, is the bump stock something that should be  available to the public? To me, the answer is no. A bump stock is not a feature of a weapon. As such, banning it does not infringe on  Second Amendment rights. Furthermore, the bump stocks create a loophole in the assault weapon ban. Finally, since its purpose is to sacrifice accuracy for speed, using the bump stocks are dangerous and irresponsible. A smart gun owner knows the importance of environment, accuuracy, and aiming at a target. While it might be fun to shoot quickly, I can see no way a bump stock could ever be used responsibly (though feel free to contribute one). Continue reading