Mystal: The Republic Can’t Survive the Invalidation of Trump’s Bump Stock Ban

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…Ian Millhiser brought up a terrible potential effect of this case that somehow makes everything worse: If the court strikes down the bump stock ban now, based on the legal ambiguity of the machine gun ban, it’s likely that Congress will never be allowed to go back and make it clear that bump stocks are, in fact, banned. That’s because of the court’s disastrous ruling in New York State Rifle & Pistol Association v. Bruen. Bruen makes it functionally unconstitutional for Congress to ban types of guns that are in “common use.” If bump stocks are allowed to come back, it’s likely that this court will rule that any future attempts to ban them violates the standard they invented in Bruen.

A decision reinstating bump stocks would show, once again, how violently out of step the conservatives on the Supreme Court are with the rest of the country they rule over. Remember, bump stocks are a gun ban that Donald freaking Trump endorsed. If the court is to the right of Trump on violence, I just don’t know how the republic survives that. Indeed, for future victims of mass shootings, the Supreme Court’s decisions are not survivable.

We have six unelected conservative appointees who seem hell-bent on turning our streets, movie theaters, and music festivals into shooting galleries. I do not know how many more people have to die before the conservatives stop acting like there is a constitutional requirement for gun deaths, but I fear there is no number. As long as conservatives hold power, we will have a mass-shooting epidemic.


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    • Typical Elie Mystal. Notice the complete lack of any legal analysis.

      This affirmative action clown could not hack it as a practicing attorney, as his legal “skills” are nonexistent, so instead he becomes a pundit. Why anyone pays attention to him is a mystery.

      • Never mind POTUS DJT’s EO bump stock contraption ban when knee jerk Gun Control zealots are frustrated now that they have to stay within the bounds of Historical Analogies. They would be even more frustrated when the day comes every History illiterate in America knows History also confirms Gun Control is Rooted in Racism and Genocide…And they react to Gun Control like they react to the sight of a Noose.

        How such a diabolical agenda receives standing in any courtroom should be an embarrassment and an abomination.

        • Actually, Lil’ Debbie and Elie Mystal have something in common:

          Neither of them have any capacity for or fluency in legal reasoning.

      • We don’t really pay attention to mystal or Deb but sometimes their both good for a little comic relief

  1. So completely twisted, upside down, and backwards. These people are incapable of dealing with reality.

    Everything Trump did is being heavily opposed by the left on the basis that Trump did it and for no other reason. Now that it’s something they want, Trump did something right. Well, no. The Bump stock ban was wrong and always was. Trump’s involvement was a rule by fiat (EO). The whole thing was something stupid that in my opinion wouldn’t have even reached the presidents desk if not for the NRA passing the buck. This fiasco really wasn’t anything more than a knee-jerk reaction to a horrific event. Something that happens way too often.

    • Trump’s involvement was a rule by fiat (EO).
      Trump never issued an EO concerning “Muh bump stocks”… Trump signed a “memorandum instructing BATFE to issue the ban, not QUITE the same as an Executive Order… Had he not done that there was some really bad stuff rolling around in Congress that could possibly have wound up on Trumps desk up to and including another ban on AR platform firearms…

      The main differences between executive orders and memoranda are:
      Executive orders are printed in the Federal Register and consecutively numbered for publication, while memoranda do not have to be submitted to the Federal Register and are therefore harder to track.
      Memoranda can be amended or rescinded by executive orders or another memorandum, but executive orders take legal precedence and cannot be changed by a memorandum.
      Executive orders have a higher order of precedence than memoranda.
      An executive memorandum is essentially an executive order, but an executive memorandum does not have an established process for how the president issues it

      • From an official text book definition, I’ll accept that. For the purposes of this article, it means less to me. I don’t blame Trump so much for the bump stock debacle.

      • That’s completely wrong, bump stocks were never an issue until Trump made them into one. This also opened up the Pandoras box that if you change a stock it makes it into a machine gun. Therefore all semi automatics are machine guns. It really has the potential to do serious harm under the right conditions.

        But thats just typical Trump, don’t think just act.

        Even then an AWB was very unlikely to pass both Houses. In the unlikely event it did hopefully Trump would not sign it and or the courts would strike it down.

        • “But thats just typical Trump, don’t think just act.”

          So, you would have preferred the SCotUS picks the HildaBeast would have made over Trump? The EO was stupid, but the high Court picks negated that nicely… 🙂

        • @Geoff – That he got 3 picks was thanks to McConnell more than due to anything Trump did. Possibly also some help from the Clintons in suppressing Democrats from raising a fuss, so she’d be guaranteed a pick after her “inevitable” win. Trump picked 3 names off the Federalist Society list just as any other Republican president could have.

        • possum, So far the Supreme Court has not ruled on Bump Stocks yet. What they did was nix the Injunction pending the outcome of the trial on the matter.

          It might be nice if you got something right for a change?

      • This is a text book perfect example of the other side of Trump derangement syndrome, and to make it worse you lie just like the leftists. The sheer mental gymnastics you’re employing with your ‘memorandum’ argument is nearly incomprehensible, how do you reason that Trump had his DOJ not only make and enforce the ban but DEFEND it in court? Let me guess his hands were tied, whenever Trump violates any of his promises to his sycophants he was simply powerless and too frail to resist his opponents ie the very swamp creatures he was elected to defeat. The part where you lied is your statement about ‘nasty things kicking around in congress’, Republicans enjoyed a super majority in both Houses of the Legislature after the 2016 election so there was no chance whatsoever of any of those things passing. I have no doubt that Trump and his advisers knew and understood this fact, it was an excuse at the time and when referenced in hindsight a blatant lie by omission. By obsequiously exonerating Trump of his mistakes and betrayals you become no better than a vile leftist.

        • This is part of the reason I’ve always seen it as ‘the left is actively trying to destroy this country and the right is letting them’.

          Republicans get the ability to do things and end up just sitting on their collective thumbs. Much of the lunacy we are currently living could have been put down before it even started.

          For me anyway, it isn’t so much absolving Trump on this issue. It’s more about the fact that it became such an issue in the first place. Before it ever got to him. The bump stock buck should have been stopped well before that by lesser powers and it could have, but wasn’t.

        • Republicans had a majority in both houses, a five-seat advantage in the Senate in NOT a SUPER MAJORITY in a body that requires a two thirds majority vote on MOST issues… After the Vegas shooting BOTH sides were drafting legislation for all sorts of bans, registries, fines, confiscations and restrictions… The bump stock ban quieted the noise, but I would not expect an obvious Trump Hater to understand what that means… Isn’t there some Gun-Grabber Obribem love fest site that you would be more comfortable with?

        • “This is a text book perfect example of the other side of Trump derangement syndrome, and to make it worse you lie just like the leftists.”

          First rule of voting: if your candidate isn’t perfect in every way, work to elect the opposition.

          Second rule of voting: if your candidate isn’t perfect in every way, vote to run that candidate out of office.

          Third rule of voting: if your candidate is not perfect in every day, refuse to vote, thereby sending a message that only perfect candidates can gain your vote.

        • Everything Anon said and then some. Trump is not and has never been a friend of 2A. The worship of Trump gets old, he is not that great of a politician. The net gains were more by accident then by design and the fact none of you can see that shows how blind you are.

          Republicans will manage to get all semi autos banned as they seem to succeed where the other part of the Uniparty fails. Most of you would cheer it on if Trump was leading the charge, pathatic.

  2. Another example of “Yes, some people are this stupid.”

    “You can’t fix stupid.”- Ron White

    • … you can’t fix stupid. Unfortunately, stupid can run for public office, get elected, and then increase the LEVEL of stupid. Once they become imbedded in the system they are often impossible to remove, as proven by ” Lifetime Public Servant ” Joe Bribem.

    • “We have six unelected [SCOTUS] conservative appointees…”

      Grammar check…the correct term is “non-elected”, but don’t let that stop you.

      The fact that SCOTUS justices are appointed is by design by the Founders, and for good reason. Oh…BTW…those three other SCOTUS justices you don’t include in your tirade? The ones you count as being on your side of the argument? They’re non-elected, too, so…

  3. It is very difficult to convince non firearm owners that pump stocks do not turn AR15’s into machine guns. The firearm still functions as designed, one trigger pull, one shot fired. Bump stocks do not change the semi auto function of the firearm. It takes 15 minutes online to educate one’s self on this issue. Any other explanation is simply lying.

  4. The wannabe Cornel West has an old, dead opinion. Neat. Fat black afro’d glasses wearing academics should start a gang.

    They can rumble with skinny white bowtie wearing glasses clad academics.

    What year at Harvard do the students pick their final form archetype? They can choose from 4 pre-selected avatars. Fat afro, skinny bowtie, standard suit, hoodie, blue-haired harpy.

  5. Or, we could make sanctions completely zero tolerance and stop the games with the Contstitution.

    Crime with a gun, death. No deals or downgrades.

  6. “We have six unelected conservative appointees..”

    ya ever heard of the Constitution?

    SCOTUS justices are not supposed to be elected, which by the way their being on the bench is a result of both democrat and republican ‘confirming’ them.

  7. Ohhhh look, its Don King, I thought he was dead?
    Bumpstocks wouldn’t work if they were not attached to a semi automatic.
    Ban semi automatics.
    A semi automatic is an automatic, it automatically ejects the spent cartridge and automatically loads another one.
    I believe all gunms should be banned because they all function as an automatic in one form or another.
    Take the lowly break open shotgunm (hello Joe) for instance. You push a device and the barrel automatically drops down, some even automatically eject the spent case.

    • Why does no one object to the fully automatic bump-ride SUVs of death on our highways? Will no one think of the little possums? BUMP-BUMP-BUMP

    • “A semi automatic is an automatic, it automatically ejects the spent cartridge and automatically loads another one.”
      Isn’t that why it’s called a .45 Auto?

      • You expect expertise in mechanical systems from a critter with a rat-like tail, nasty yellow teeth, and lives in a wet burrow at the bottom a drainage ditch?

        I’m more surprised he has the internet down there and can work the keyboard with his paws…

      • No! The 1934 NFA defines a machine gun a a firearm that continuously fires with one operation of the trigger until reloading is required. A bump stock only speeds up the operators’s depressing & resting the trigger.
        The problem with the ATF’s bump stock & frame and receiver rule is they are Major Questions. Per WV v EPA & Sackett v EPA when an executive branch’s interpretation of statute effectively expands the statute it usurps Congress’s power; therefore unconstitional.

  8. No civilized nation on earth permits citizens to have weapons of war that are used in the mass slaughter of the civilian population by crazed racist right wing lunatics.

    Dillan Roof slaughtered black people in their own church who actually welcomed him in.

    In Pennsylvania a Right Wing racist slaughtered Jewish people in their own Church

    An at a supermarket in Texas a Right Wing Racist slaughtered Latinos and only hours later a mad dog nut case in Cincinnati gunned down people on a weekday night.

    And at another supermarket on the East Coast a mad dog Racist slaughtered Black people.

    The list goes on and on and the Far Right Paranoid Lunatics scream “”Losses can never be too high” when it comes to supporting zero gun control because life in Capitalvania is considered cheap and expendable”.

    • Lil d would never think to criticize a mad dog racist killing a bunch of white people with a pump shotgun like happened in DC or black gang bangers shooting a bunch of people in Chicago, Atlanta, or Baltimore.

    • Did you read the leaked pages from the crazed left winger who killed innocent children?

    • Someone just declared a bump stock as integral to a ‘weapon of war’?,,, okay I guess? Those darn yahoos with dim dar bump stocks!

      • Hamas IS the government in Gaza, duly elected by the Palestinian people… Recently discovered that Hamas has billions of dollars stashed away while the people live in squalor…

      • Lil d thinks civilized behavior is the federal police using automatic fire to mow down unarmed protesters. Yes, he literally openly fantasized about that on here. These people are sick.

      • Worse than that Dboy believes there are actually “civilized” countries elsewhere in the world… Of course, its definition of civilized varies greatly from the ACTUAL definition of the word…

    • dacian, the DUNDERHEAD. And just what do you “call” a “weapon of war”? An AR-15 (civilian rifle)?

      You still haven’t been able to come up with an answer for the question: what is the firing sequence of a cartridge? If you can’t even asnwer this very simple question, you can’t possible know what a “weapon of war” is.

    • And those same “civilized countries” would have have you held indefinitely for mental health reasons. An advantage to “s0cialized health care”.

    • A perfect window into the lying nature of leftists is that in the Caetano case the government argued that ‘stun guns’ were not covered by the 2A BECAUSE THEY WERE NOT MILITARY ARMS IN NATURE. Now the argument has been transmogrified from the repudiated aforementioned ‘military only’ into ‘only non-military’ firearms are covered by the Second Amendment.

      It’s that simple you’re all inveterate liars, nothing you say can be believed or trusted and you’re worthy of no benefit of doubt towards your evil nature and designs.

    • Yes, but as usual you only tell half the story… Everyone you cited in your little rant was KNOWN to the FBI, just like practically EVERY mass shooter/killer since Columbine and yet nothing was done to stop them… Roof was a prime example of the fucking government FAILING to do its job, he was a “PROHIBITED” person yet, because the government didn’t get it right, he was allowed to walk out of a gun store and into a mass killing of innocent people… If your “civilized” countries are THE best example of how people should live, I’ll be happy to remain a “FREE” uncivilized heathen…

    • And yet, Dacian, I do not see you moving out of this country to a more “civilized” place, where only crooked governments are “allowed” to be armed with such “weapons of war” that you so detest us “little people” possessing. You firmly plant your ass right here in the U.S. of A, and bitch all day long-hiding behind and enjoying the first Amendment-complaining about the Second Amendment and how terrible it is. You would not last five minutes in the place I grew up in. You would have been eaten for breakfast by government lead military that would have been more than happy to put you six feet under for opening up that big pie hole you call a mouth, and thinking you had a “right” to actually speak your mind. So put up or shut up already, because quite frankly, people like you will be the first ones to fold like cheap suits when SHTF.

      • dacian can’t get a passport. Something to do with the ankle bracelet and being on a registered s3x offender list.

    • It’s all on you. We need firearms to defend ourselves from the likes of you. Renounce your American citizenship, swim to Russia or China, and we will gladly turn in all of our firearms.

      just think it could save one life, all you have to do is go away

      • Fen
        I’ll bet we could come up with some slightly used paragliders from Israel.

        Stuff the dunderhead into one, then launch him off of a boat about 10 miles away from Cuba, with about 20 minutes of fuel.

  9. “We have six unelected conservative appointees who seem hell-bent on turning our streets, movie theaters, and music festivals into shooting galleries.”

    But don’t worry, there’s an easy fix for that as soon as they get another majority in both chambers of Congress and hold the White House.

    Honestly, part of me hopes it comes to pass just so dipshit Cons might actually wake the fuck up.

    Well, OK, that’s a bit extreme. They’ll never wake up.

    • Things they invented or history they’ve created to either cover up their own past (and future intent) along with platitudes to *fix* things while, IRL, just grifting more cash and centralized power for their friends.

      Same as it ever was.

      On and off for years I’ve shouted out Last Exit to Utopia. Everything you see today in the US is, for all practical intents and purposes, identical to what was going on in French politics in the mid-to-late 1990’s.

      As such, the intents, tactics and outcomes are not exactly hard to foresee once adjusted ever so slightly for cultural differences, with the singular exception that the US has the 2A. Ultimately though, I suspect that this doesn’t matter much because the US *Right* is shockingly similar to the French *Right* which, in the end, did nothing because it could do nothing.

      The absolute rejection of messaging and organization tactics used to great effect by the *Left* leaves the *Right* as helpless as a babe in the woods. This is compounded by, as I’ve said many times, the fact that the *Right* doesn’t actually put in work because they don’t feel they should have to and probably couldn’t identify that work if you put a gun to their collective head.

      The Lefties hustle every day on many fronts, you don’t hustle on ANY. Over time, the outcome is not exactly hard to figure.

      Quite clearly, the *Right* doesn’t want to win or even really push back. Fine, I guess. Die in darkness as you have chosen to do. In 50 years you’ll be as missed as the Whigs are.

      • FWIW, the Whig Party isn’t missed because they morphed into the Republican Party. Unlike the slavery and secession Democrat party, the Whigs opposed slavery and it’s extension into new territories. Many prominent politicians and leaders of the times were Whigs- (including Lincoln) so it’s no insult or disparagement to be compared to the Whigs. Unless one is in fact racist and willing to break up the country.

        • You missed the bit where the Democrats came to Congress armed and the Whigs wet their pants or got the shit beat out of them. This led to a small cohort that got tired of this and the eventual the formation of the Radical Republicans, who did fight back.

          Which, by the by, is the more apt part of the comparison at this point. The GOP is dying because it’s full of lazy cowards.

      • I hear you

        I preach pretty much the same sermon.
        I come to it a little bit differently but end up at the same destination.

        the right is not only impotent it’s preventing a more vigorous political philosophy from taking the field

  10. ” Bruen makes it functionally unconstitutional for Congress to ban types of guns that are in “common use.” If bump stocks are allowed to come back, it’s likely that this court will rule that any future attempts to ban them violates the standard they invented in Bruen.”

    These lefties are a little slow, but now they’re finally starting to get it!!

  11. It wasn’t invented in Bruen the dork, it was in Heller! Bruen reiterated, CLARIFIED or rather simplified the language because inferior courts were getting it wrong.

    I read a few sentences of his fiction but I can’t read other peoples garbage. For those folks who erroneously believe what they scribble out is interesting or marginally accurate are delusional.

  12. Plastic is a scary thing, LOL

    Why I wonder, is the police and FBI report on the Las Vegas shooting still classified??? Why was his girlfriend not interrogated and extradited to the US from the Philippines??? Same for his friend from Australia, who was rumored to be in Vegas as well? Are the rumors true, that the shooter was a Trump/MAGA hater and sought to kill Christians?

    What did the shooter do for a living and did he work for the government?

    “Truth is a dangerous thing and should be rationed” – Lenin

    • “Are the rumors true, that the shooter was a Trump/MAGA hater and sought to kill Christians?”

      We would have instantly heard about it if he was a Trump/MAGA supporter. They would still be talking about it. We know for a fact that the gov overuses classified information to hide uncomfortable facts.

    • *ewish Democrats and their mentally ill gender-bending pals like Audrey Hale are members of a “protected class” thus we will never see the full Nashville t®@ππyfesto nor the “classified” report on the Las Vegas massacre …. at least not until Trump is reelected.

    • You can’t just extradite foreign nationals because you want to question them. More than likely they set up a meeting in the Philippines decided she was of no intrest to the case and moved on.

      Not everything is a conspiracy, peak TTAG comments here today.

      • Nah I’ll stick to believing my instincts not one person in the federal government is worthy of trust, as a past career federal employee I would know. Your fringe coincidence theories are no better in nature than whatever conspiracy theory you’re raging about, know liars deserve no benefit of doubt and will be afforded none from me.

  13. “… the standard they invented in Bruen.”

    You mean the standard penned by the writers of the Constitution?

    What a pile of nonsensical hyperbole.

  14. Pandering fear-mongerers gonna pander and fear-monger.

    What a ridiculous stooge. That profile pic tells the whole story.

  15. They’re all just luddites and the end game is the cartridge and the rifled barrel; I suspect it they ever got that far they go for bullet shaped projectiles vs ball and then for gun powder. This it the genius of Bruen, it challenges the brainless Marxist to think ahead of the capitalist/consumer who immediately embrases and adopts efficiency. Imagine a movement that suggests you should forego your fossil fuel powered lawn mover in favor of a walker mover….oh wait….

  16. We were surviving a long time before the great one showed and broke the law to pass gun control

  17. ONE GUY uses a bump stock in a mass casualty event and suddenly they are the Devil’s Pitchfork!. On guy ruined it for everybody (well, not me) until the Seventh Circuit banned the ban.

    • Contrary to what the article and others from the gun control media state, the murderer didn’t use A bump stock, he used several. Divide the number killed by the number of bump-stock-equipped MSRs and its likely a much less impressive death toll.

      • They never even proved he used them, ATF was forbidden from examining the guns at the scene, there is no footage of the suspect using a bump stock, and the suspect is dead therefore unable to comment.

        • IIRC, audio recorded automatic rate of fire.

          But, yes, much cover-up, likely to protect the hotel from liability lawsuits.

        • I’m not making claims about what happened but that ‘rate of fire’ could easily be multiple people shooting in semi at one time or someone shooting a machine gun(s) and not bumpstocks. I simply have no trust in what these federal agencies claim as they’ve been demonstrated lying and committing crimes time and time again.

  18. look in the mirror, Mr leftist. there is the cause of the mass shootings. there is the desire for violence. there is the immorality and Marxist bs that has led us to where we are today.

  19. “We have six unelected conservative appointees” don’t mention the fact that they were voted on in the senate… I know they would think it far better to have field hockey and softball players sitting along side blm types ruling over us

  20. Okay, Ellie…you’re free to leave. Just go…GTO. If you truly fear the survival of the Republic—the decision should be simple: leave now while you still can. Just like all of those weakass beyotches that whined and moaned about how they’d move to Canada if Trump was elected…and guess what? They didn’t follow through. The sky was falling and their world was ending, but at the end of the day—they didn’t have the conviction to follow through with their promises. Too bad.

    Hollyweird stayed just as weird as it ever was and the usual suspects continued to run the asylums of NYC and Chit-congo. Piss and moan some more about the mass shooting epidemics that are just around the corner. Sure…everyone buys it. Especially all of the Jews living across the country witnessing the absolutely heinous Pro-Hamas BS. Yeah, they totally won’t be arming up anytime soon given all of the mindless drones getting their info from TikTok about how great Hamas is and how the Israelis got what they deserved.

    This jackass is just another example…huge chip on his shoulder and the country is overrun with rampant, institutional racism that can NEVER be effected snuffed out. Hope that you enjoy the ride, Cupcake!

  21. I think the supremes will use the case to reduce to power of agency rulemaking, not just the ATF. The executive branch was never intended to make laws, only enforce and interpret them. Granted some environmental or financial or other complex laws perhaps need interpretation if unclear but the interpretation should be consistent with and not expand the underlying law. The whole “chevron deference” thing has been in their sights for a while

    The legal definition of machine gun is pretty clear and simple, more then one shot with a single pull of the trigger. I read the atf ban on bump stock rule over and over and still do not understand how they got by the “single pull of the trigger” part, also the “is not a 5th amendment taking” subject to just compensation because “safety” was quite bs as well

    • sru
      The Supremes have already dealt the EPA at least two major blows, one May 2023, and one in June 2022.

      Hopefully, they will continue to clip the wings of ALL of the bureaucrats running roughshod over the country. While I’m somewhat hopeful, I’m not holding my breath.

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