Trump Admin Bump Stock Ban: What You Need To Know

Trump admin bans bump stocks Rally for our Rights ColoradoA few months ago I was at a gun rights rally when a news reporter came up to me and asked, “How is it legal for these people to be carrying these machine guns out on the streets?!”  She was referring to the half dozen or so attendees (among hundreds) who were open carrying rifles.  She was pointing in particular to a gentleman with a .22 rifle slung snugly on his chest, and another young woman with her AR-15 slung on her back.  I held back my chuckle, looked her right in the eye, and said: “Ma’am, those may be machines and they may be guns, but they are not machine guns.”  I went on to explain that while by definition any firearm is technically a machine, actual machine guns were regulated under the National Firearms Act.  We then walked around and people eagerly explained the very few differences between the handguns some had, and the rifles others had.  We had a great discussion about what had been banned in Boulder, CO with real life examples – and even she began to grasp the absurdity of it.  Needless to say, we had great media coverage that day.

This conversation came back to me yesterday morning as I learned the Trump administration directed the ATF to finalize an impending “bump stock” ban. What it does is essentially label an arbitrary piece of metal or plastic, that has no automatic functioning mechanical parts, as a “machine gun”.  This ban places bump-stock-type devices under the NFA, a grossly unconstitutional law requiring citizens to pay exorbitant amounts of money, register with the Secretary of Treasury, and jump through dozens of government hoops, to obtain certain firearms.

In the ATF’s amended regulation released yesterday, bump stocks are defined as “devices that allow a semiautomatic firearm to shoot more than one shot with a single pull of a trigger.”  This is interesting because just last year, Michael Curtis, chief of the Firearms Technology Industry Services branch of the ATF, said the product was not prohibited “since the device does not initiate an automatic firing cycle by a single function of the trigger [and therefore] it is not a machine gun under the NFA.”  

Under the new ban those in possession of bump-stock-type devices must turn them in to an ATF field office or destroy them by March 21st, 2019.

Trump admin bans bump stocks Rally for our Rights Colorado

Many people may believe bump stocks are simply a fun accessories for gun enthusiasts, but what they are missing is that bump stocks were originally created to help those with limited mobility in their hands.  A friend of mine has testified on this premise, stating: “Regardless of the opinions of others, I as a disabled person should be able to determine which tools are best for me in my pursuit of recreational, legal shooting sports. It is sickening to me how many people either do not know about bump fire stocks helping disabled people, or who try to minimize or pretend that there is no debate, and that civilians should not have access to them.”

Bump fire action can also be replicated with a rubber band, a belt loop, or even your finger (if you know what you’re doing).  Will we next regulate rubber bands as machine guns?  Because that’s how absurd this new law is.

Make no mistake, this ban does not come without justified legal challenges.  Immediately after Tuesday morning’s announcement, attorneys for an owner of a “bump-stock” device and three constitutional rights advocacy organizations filed a federal lawsuit against the Trump Administration.  The suit comes with multiple arguments.  First, they are challenging Matthew Whitaker’s legal authority to serve as Acting Attorney General and issue rules without being nominated to the role and confirmed by the Senate.  Second, they are challenging the confiscatory ban on firearm parts. And third they are requesting an immediate temporary injunction to prevent the Trump Administration from implementing and enforcing the new regulation.  Click here to learn more about the legal action and how you can help.

There are many people, even in the gun rights community, arguing that this is simply throwing a bone to the gun grabbers in an effort to quiet them.  This attitude is completely wrong.  It not only doesn’t appease the anti-gun community, it motivates them.  Just yesterday, Shannon Watts, founder of Moms Demand Action, says to her it signals a new openness on the part of the administration to continue to tighten firearms regulations.

The “bump stock” ban is an assault on the Constitution and law abiding gun owners, but it’s also an assault on the uninformed general populace who have been led to believe it will do ANYTHING beyond create a false sense of security.

Tired of being demonized as a law abiding gun owner?  Help us get these billboards up!  Donate here: www.gofundme.com/gun-rights-billboards

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Red Flag Gun Bills Have Nothing To Do With Mental Health And Everyone Should Care

Earlier this year, during the 2018 legislative session, Colorado Republicans held a one seat majority in the state senate.  This was enough to stop a poorly written and heavily rushed Red Flag Bill from becoming law.  Unfortunately for those who support gun rights and due process, that single seat was lost in November’s election along with several others, and 2019’s legislative session is expected to be a fight – with a Red Flag Bill a top priority for lawmakers who are proving to be against the civil rights of the same citizens they were elected to represent.

Here’s a thorough breakdown of the last Red Flag Bill Coloradan’s faced, as well as details about the major issues within such legislation.

Colorado’s Red Flag Bill (HB18-1436) was heavily promoted through the media – both radio and TV- as a mental health bill, implying that it would help the mentally ill and get them treatment.  But when Sheriff Sprulock was asked on May 7, 2018 in a Senate committee meeting, “Does this bill address how to get those people that mental health treatment?”  Sheriff Sprulock answered, “No it doesn’t.”

The issuing of an Extreme Risk Protection Order (ERPO) begins with the petitioner making a phone call, at minimum, to the court to request an ERPO.  There is no verification or proof required for this phone call.  This call could come from someone claiming to be a “dating partner” or a “family member”.  Your bitter neighbor could claim to have had an affair with you.  There is no limitation to how long ago you dated or who the family member is, or even if they are in the state of Colorado.

Red Flag Bill Emergency Risk Protection Order ERPO Colorado Gun Confiscation Colorado Rally for our Rights

The court must issue a hearing by telephone or in person with the petitioner that same day or the following day.  The judge will hear a “preponderance of evidence” from the petitioner, and only the petitioner, with the goal to convince the fact finder that there is a greater than 50% chance that the claim is true.  This is comparable to a “he said – she said” argument, only the accused gun owner is not informed or allowed to contest the petitioner.  This is a Kangaroo court, and the gun owners’ damnation is absolute.  In the court hearing, evidence such as access to a firearm or purchased ammunition is enough to issue a temporary ERPO.

Once the temporary ERPO is issued, the gun owner is then declared a “dangerous person” and a good faith effort is made to issue the gun owner a statement that they can no longer be in possession of a firearm.  The gun owner must sell the firearms, transfer them to a Federal Firearms Licensed dealer, or hand them over to the police.  It is at this point the accused even learns such a case has been brought to the court. They must comply, no questions asked, or they may face death, as we recently saw in Maryland.

Red Flag Bill Emergency Risk Protection Order ERPO Colorado Gun Confiscation Colorado Rally for our Rights

Seven days after the temporary ERPO is issued the gun owner can have a court date where they are responsible to provide an attorney to defend themselves.  Because they have not been accused of a crime, they will NOT be read their Miranda Rights and an attorney will NOT be provided to them.  They must proceed pro-se or hire an attorney.

If this bill is for mental health, the Petitioner just cost the gun owner thousands of dollars in legal defense fees; funds which could have otherwise been spent on treatment.

This bill states that “clear and convincing evidence” is the requirement to issue a EPRO for 182 days. It also states that having any access to a firearm or the purchase of ammunition is clear and convincing evidence. Because the bill lists the purchase of ammunition as clear and convincing evidence, it has short changed the higher standard of evidence for one that is almost as low as the preponderance of evidence requirement.

Red Flag Bill Emergency Risk Protection Order ERPO Colorado Gun Confiscation Colorado Rally for our Rights

Then if found innocent of everything, you are not guaranteed to be removed from the NICS database and therefore cannot get your firearms back.  If you’re a resident of a city such as Boulder, where an “assault weapons” ban allowed a grandfathering period where you could get your firearms certified, if you did not certify your firearms, you will not be getting them back.

Red Flag Bill Emergency Risk Protection Order ERPO Colorado Gun Confiscation Colorado Rally for our Rights

Bottom line: If you are issued an ERPO, you will have to give up your firearms, you will have to provide your own legal defense at your cost, your name will go into the NICS database as being prohibited from having a firearm, all before you go to court to prove your case, and never once will actual mental health be a topic.

Don’t be fooled, this bill is a gun grab bill in the name of mental health, where gun owners must give up their property before due processes is given.

Gun owners save lives!  Armed citizens stop crime with firearms more than 1.5 million times each year.  Help us get this billboard up for the 2019 legislative session!  Donate here: www.gofundme.com/gun-rights-billboards

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Only Days Left For Boulder, CO Residents To Register Their Firearms

Rally for our Rights has been at the forefront of Boulder, Colorado’s so-called “assault weapons” ban since it’s inception. We attended city council meetings and organized messaging campaigns encouraging residents to contact their local government officials. We organized a street demonstration on April 21st, 2018 in protest to the proposed ban – an event which was attended by hundreds in the heart of Colorado’s most progressive city – even in the rain/snow.  There were threats of lawsuits against Boulder, one of which came to fruition less than 24 hours after the ordinance passed, and another quickly followed.  Despite these efforts, the Boulder elites who make up the city council voted unanimously on May 15th, 2018 to ban the sale and possession of many semi-automatic rifles, pistols, and shotguns as well as bump stocks and magazines holding more than 10 rounds.  This unconstitutional move did nothing to address actual crime, but instead criminalized and demonized the law abiding.

Only Days Left For Boulder, CO Residents To Register Their Firearms : Rally for our Rights

As part of this ban, residents who owned any of the prohibited firearms prior to the day the ban went into law (June 15th, 2018) can participate in the city’s “This-Is-Not-A-Registry” program and grandfather their guns with a certification.  The last day to certify a firearm is supposed to be December 31st, 2018, but Boulder Police have stated that due to the holidays, the last day will actually be December 27th.  The complete ban will officially take effect on January 1, 2019, at which point possession of a banned weapon without a certificate will be punishable by 90 days in jail and/or a $1,000 fine, and firearms will be confiscated and destroyed.

The certification process involves taking the firearm(s) being certified to the police department (unloaded and secured in vehicle) where they will be inspected.  You must have a valid photo ID and a new background check will be run. If the the background check comes back clear, two certificates per firearm will be issued. The cost is $20 for the first firearm and $5 for each additional firearm.

Boulder Colorado Firearms Registration Certification

Gun owners must then keep the certificate with the firearm at all times – forever – otherwise they’re a criminal. Lose this piece of paper? The firearm can be confiscated. Don’t comply? Criminal. Allegedly there are no copies of these certificates kept.

According to Boulder Police Department, they have certified 85 firearms so far.  Now, let’s make this clear – this is not 85 gun owners, this is 85 firearms.  Each prohibited firearm needs it’s own certificate. With the average gun owner possessing eight firearms, it is likely less than ten people have actually complied.  But this begs a question – if they aren’t keeping records, how do they know how many certificates have been issued?  According to them they are keeping a handwritten tally.  A handwritten tally of how many law abiding gun owners are certifying their firearms, because we know the people we should actually be concerned with aren’t certifying theirs.

Then we had to ask how many bump stocks or magazines above 10 rounds have been turned in?  You guessed it, ZERO.

Boulder’s ban includes:

1.) All semi-automatic center-fire rifles that have the ability to accept a detachable magazine and have a pistol grip, telescoping stock, or off hand stabilization feature.

2.) All semi-automatic center-fire pistols that have the ability to accept a detachable magazine other than in the pistol grip or has any other secondary stabilization feature.

3.) All semi-automatic shotguns that have the ability to accept a detachable magazine, or have a fixed magazine over 5 rounds, or have any secondary stabilization features.

Read the “assault weapons” ban ordinance in it’s entirety here.

And read the bump stock/magazine ban ordinance here.

What’s Next:

One of the most common questions we receive is how is this legal, and if it has been challenged in court.  It is not legal, and it is being challenged in court.  The day after the ordinance passed into law, Mountain States Legal Foundation filed a suit in federal court.  Not long after, the NRA filed a suit in state court.  The federal suit is on hold until the state suit is decided.

Colorado has a preemption law in its state constitution that clearly states what Boulder has done is not legal.

C.R.S. 29-11.7-103:

A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.

Boulder is claiming because it is a home rule city, it is not beholden to the state constitution or state laws.  If this is the case, we have to wonder if more gun friendly home rule cities can claim the same, and exempt themselves from Colorado’s magazine limits and enhanced background checks.  Your move, Colorado courts.

With 250,000 medical malpractice deaths each year, you are 10,000 times more likely to be killed by a doctor than an AR-15.  Help us get this billboard up!  Donate here: www.gofundme.com/gun-rights-billboards

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Want To Help Fund Gun Rights Billboards in Colorado? Here’s How!

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Rally for our Rights is excited to announce our latest effort to get three different billboard designs out around Colorado!  We’ve just begun the fundraising effort to make this happen.  The more we raise, the more creative and strategic we can be with our placement.  There are options of digital billboards available that will rotate to different locations, as well as your traditional roadside billboards.  We want to use all to get the most bang for our buck!

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With the recent elections turning Colorado bluer than blue, we are expecting to see gun control legislation worse than even 2013 when three Democrat state legislators were recalled over gun bills.  These billboards are an opportunity to grow our member base to allow us to better fight this legislation, as well as engage the average citizen who typically becomes apathetic between elections.  It’s time to pay attention!

You can support this effort by making a donation and sharing our GoFundMe here: www.gofundme.com/gun-rights-billboards

Mailing a contribution to:

Rally for our Rights
PO Box 721
Johnstown, CO 80534

Or donating directly to Rally for our Rights via credit/debit card or PayPal by clicking here. 

Please note: These are mock-ups only!  The final versions will be created by the billboard company graphics designer and will utilize all available space.  

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Gun control advocates have already placed billboards outside of Boulder, CO, and we expect them to continue.  These are what those looked like…

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Here’s What Boulder, CO Is Making Gun Owners Do!

Boulder Colorado Firearms Registration Certification

A Boulder, CO resident who had their firearm “certified” under the city’s new “assault weapons” ban brought this to us. We’ve been wanting to see one but not many people are interested in registering their firearms.

In order to be part of Boulder’s “This-Is-Not-A-Registry” program, anyone who owned one of the banned firearms prior to June 15th, 2018 must go to the police department and have it “certified” before Dec 31st, 2018. They must then keep the certificate with the firearm at all times – forever – otherwise they’re a criminal. Lose this piece of paper? The firearm will be confiscated. Don’t comply? Criminal. Allegedly there are no copies of these certificates kept.

Requirements for certification include: Valid photo ID, the firearm being certified (unloaded and secured in vehicle), and a new background check. If the the background check comes back clear, two certificates per firearm will be issued. The cost is $20 for the first firearm and $5 for each additional firearm.”

Boulder’s ban includes:

1.) All semi-automatic center-fire rifles that have the ability to accept a detachable magazine and have a pistol grip, telescoping stock, or off hand stabilization feature.

2.) All semi-automatic center-fire pistols that have the ability to accept a detachable magazine other than in the pistol grip or has any other secondary stabilization feature.

3.) All semi-automatic shotguns that have the ability to accept a detachable magazine, or have a fixed magazine over 5 rounds, or have any secondary stabilization features.

Read the “assault weapons” ban ordinance in it’s entirety here.

And read the bump stock/magazine ban ordinance here.