Justice Dept. charges Texas man under US bump stock ban

[Elderberry]

Fox23 By: MICHAEL BALSAMO 9/5/2019

A Texas man is the first person to be charged under a federal ban on bump stocks, devices that allow a semi-automatic firearm to fire rapidly like a machine gun, the Justice Department said Thursday.

Ajay Dhingra, 43, of Houston, came on the radar of the U.S. Secret Service in August after he sent an email to the George W. Bush Foundation asking the former president to "send one of your boys to come and murder me," according to court records.

Prosecutors allege that Dhingra had previously been involuntarily committed to a psychiatric facility and was prohibited from owning firearms. When Secret Service agents showed up at his house, Dhingra told them he had been diagnosed with schizophrenia, court documents said.

More: https://www.fox23.com/news/justice-dept-charges-texas-man-under-us-bump-stock-ban/983119690

[Sanguine]

OK, the bump-stock part of this story seems to be a fairly minor part. 

[Bigun]

OK, the bump-stock part of this story seems to be a fairly minor part.

I'm still trying to figure out how banning bump stocks legally manufactured and purchased is not an unconstitutional taking!

[Sanguine]

I'm still trying to figure out how banning bump stocks legally manufactured and purchased is not an unconstitutional taking!

Well, it is. But - "we have to do something!!!!"

[Bigun]

Well, it is. But - "we have to do something!!!!"

Yeah!  That does seem to be THE problem alright!

The Cobra Effect: Lessons in Unintended Consequences

[Elderberry]

Houston man pleads not guilty in first bump stock case

Houston Chronicle by  St. John Barned-Smith Sep. 12, 2019

https://www.houstonchronicle.com/news/houston-texas/houston/article/Houston-man-pleads-not-guilty-in-first-bump-stock-14434746.php

A 43-year Houston man pleaded not guilty Thursday to federal firearms violations including illegally possessing a bump stock, the first such case in the U.S. since the Department of Justice outlawed possession of the devices in March.

The brief arraignment follows the Sept. 4 indictment of Ajay Dhingra on four firearm violations, including possession of a machine gun, lying to obtain firearms, and illegally possessing a firearm. If convicted, Dhingra could face up to 10 years in federal prison and a $250,000 fine on each count.

“We’re looking into the evidence and the accusations against Mr. Dhingra,” said David Adler, his attorney.

Dhingra was first arrested Aug. 17. He is being held in a federal detention center in Houston, prison records show.

More at link.

[Bigun]

Houston man pleads not guilty in first bump stock case

Houston Chronicle by  St. John Barned-Smith Sep. 12, 2019

https://www.houstonchronicle.com/news/houston-texas/houston/article/Houston-man-pleads-not-guilty-in-first-bump-stock-14434746.php

Excellent!

[roamer_1]

Prosecutors allege that Dhingra had previously been involuntarily committed to a psychiatric facility and was prohibited from owning firearms. When Secret Service agents showed up at his house, Dhingra told them he had been diagnosed with schizophrenia, court documents said.

Wait, whaaaat?
You mean he was adjudicated in a court of law in the course of due process, as being a nutjob and was prohibited from owning firearms???

At his home, investigators found a handgun and an AR-15 rifle that had a bump stock attached to it, the documents said. Investigators also found four 100-round magazines.

Wait, whaaaat? I thought he couldn't own firearms. How in the heck could this happen?

 

[Smokin Joe]

I'm still trying to figure out how banning bump stocks legally manufactured and purchased is not an unconstitutional taking!

It is and should be fought.

But, for the opposition, the beauty of charging the first person under the rule who, in this case, is a nutcase who is precluded from owning firearms is that the charge will stand, because he's not the sort of defendant you take to SCOTUS.
Which effectively establishes precedent. (Lawyer speak for if we got away with schtupping y'all once, we should get to do it every day).

Any person who is not non compos mentis who wants to fight the ban will have a little more uphill fight on their hands because this conviction will likely stand.

 I think an calm otherwise law abiding individual of good character might have the ability to fight the ban because the explanation given for the ban (wording) contains serious material misstatements as to the nature of changes to the firearm from mounting the stock; to wit: that it makes a semiautomatic firearm into a fully automatic firearm.

The nature and mechanical functioning of the firearm remains unchanged.
 It is still a semiautomatic, requiring one actuation of the trigger mechanism for each shot fired.
All that changes is the increased ability of the average person using the device to pull the trigger with great efficiency.
With that considered, could video gamers have the speed of trigger fingering needed to fire quicker than the average person? How fast is too fast? Would shooters like Jerry Miculek be banned? (Cyclic rate of fire over 500 rounds per minute--from a revolver).