“Gunmaker's 'Adaptive Combat Rifle' Too Combat-y: Fires Full Auto!” The Violence Policy Center’s Josh Sugarmann breathlessly warns Huffington Post readers.
When is a "combat rifle" for the U.S. civilian gun market too combat-y?
When it fires like a full-auto machine gun.
Batty invented terminology aside, he’s referring to a product recall notice issued by Bushmaster on Oct. 15 for its ACR rifle:
Bushmaster Firearms International, LLC has become aware of a possible firearms performance issue that may develop with a small number of ACR rifles and we are requesting you discontinue the sale of these firearms that remain in your inventory until appropriate action has been taken…
...During routine test firing, Bushmaster discovered a design flaw which could result in multiple rounds firing continuously when the trigger is pulled. This unexpected firing of multiple rounds creates a potential dangerous situation.
“In other words,” Sugarmann concludes in a triumphant “Gotcha!” moment, “they’re machine guns.”
He’s right, you know. They are. At least according to the government.
In the case of U.S. v. Olofson, the United States Court of Appeals for the Seventh Circuit upheld a machine gun transfer conviction for a malfunctioning semiautomatic rifle. As I observed in my July 2008 GUNS Magazine“Rights Watch” column:
It didn't matter the government had repeatedly failed to replicate automatic fire until they replaced the ammunition with a softer primer type. It didn't even matter that the prosecution admitted it was not important to prove the gun would do it again if the test were conducted today.
What mattered was the government's position that none of the above was relevant because "[T]here's no indication it makes any difference under the statute. If you pull the trigger once and it fires more than one round, no matter what the cause it's a machine gun."
No matter what the cause.
And Bushmaster is right, this is “a potential dangerous situation,” but for more reasons than heightened risk of product safety perils—anyone who owns an ACR exhibiting this “performance issue” could find themselves in serious legal jeopardy if “willfulness” can be established.
But here’s where Sugarmann shows us he’s still the same old deception artist we’ve come to expect:
[L]et us not forget "black rifles," "tactical rifles," and longstanding industry efforts to conflate assault weapons with standard semiautomatic firearms…
That’s rich coming from the guy who’s admitted relying on deception to do just that:
The weapons' menacing looks, coupled with the public's confusion over fully automatic machine guns versus semi-automatic assault weapons--anything that looks like a machine gun is assumed to be a machine gun--can only increase the chance of public support for restrictions on these weapons.
This goes beyond projection. The guy, and those like him, seem incapable of making an honest argument. As near as I can figure using the criteria of the anti-freedom zealots, it’s not a “standard semiautomatic firearm” if it fires “heat seeking bullets” and has “the shoulder thing that goes up.”
This is a product recall, Sugarmann’s desperate attempt to inject hysteria to advance his agenda to ban all semiautomatic firearms (before going after others) notwithstanding. Bushmaster is doing the right thing and his premise is laughable: no military in the world intentionally fields defective rifles and no gun owner wants to use a firearm that dangerously malfunctions. I point out the legal implications of Olofson because that’s an additional consideration those owning ACRs need to be aware of.
As is his long-established M.O., Sugarmann is being too wombat-y.
Also see:
- Anti-gun group lies about GAO report
- Violence Policy Center exploits CT workplace shootings to attack guns and gun owners
- 'Broken gun' conviction upheld by court
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Test your knowledge of gun control
Writing today’s column reminded me of a very brief multiple choice quiz I put together a while back that many of you have probably not seen. Find out where you stand on the premise that "No One but the Authorities Should Have 'Assault Weapons.'"
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Trigger Sports Up, Up and Away!
As I mentioned last week, James Towle and the American Trigger Sports Network crew are on the road and we won't resume our "in-studio" Wednesday programming until December. But he's still posting new weekly shows on the ATSN website, and here's what you'll see this time:
SPECIAL EVENT COVERAGE: On Location in San Antonio, TX at the 2010 NSCA National Sporting Clays Championship. Full coverage on DVD. Limited Quantities!
He rented a helicopter, and he takes us up with him as "co-pilots" to tour the course from the air. Man, that looks like fun!
Click here to watch.
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Comments
I thought guns were unregulated and dangerous ones never get recalled. Isn't that why these a**monkeys are so keen on getting the CPSC to have jurisdiction over firearms?
I smell the terms "collectable" and "rare" coming to mind among gun collectors. But that aside where is the presumption of innocence on the part of the gun owner who bought what he was told by everyone involved including the manufacturo, government, gun shop, etc that certified these guns for sale that he was buying something legal. If there is a recall why should the owner have to experience any cost over something he had no control over except to trust the media hype when he bought what he thought was the best gun for the money? This is a fight between the company and the government and has nothing to do with the individual gun owners unless they knowingly keep the gun after knowing it is malfunctioning and use it where it can be witnessed malfunctioning time dn time again. And who says all the rifles are going to malfunction? so there could be owners out there with legitimnate single shot per trigger pull versions of this model who are going to be assumed as owning automatic rifles? How wrong is that under our laws?
"The guy, and those like him, seem incapable of making an honest argunment."
Deliberate or Freudian slip? :-)
A combination of my old eyes and the new publishing tool not having a spell check capability. Guess I just missed it. Fixed, thanks.
The truth no longer matters folks. They intend to have they're way no manner what and Constitution be damned.
What can you expect? He makes his living as a Judas Goat leading the sheep to slaughter.
David this is far more serious than poking fun at the Brady fools. I’m aware of what happened to David Olofson.
The BATF has proven they can successfully claim a malfunctioning AR is a machinegun in court.
We need this issue addressed immediately; if the NRA is going to kiss the rear ends of Democrats then gun owners should get something for their NRA dues besides lip service.
David I’m asking for the examiners to begin calling for the NRA to go to congress and have this issue addressed.
Malfunctioning firearms are dangerous and it should be addressed as such.
The NRA should use the miscarriage of justice in the David Olofson case to force a change in BATF policy.
The examiners have shown they can have an effect on NRA policy.
Its time to step up to the plate.
Let me kick this idea around with some friends--as I understand it, the law requires an element of being "willful" to make it criminal. I'm not sure who in Congress would put their name on a bill to change that, as it would mean the whole house of cards would fall down.
It only takes one psychiatrist to change a lightbulb, but the lightbulb has to want to change.
As we have seen through multiple rounds of congressional "reforms" of BATFE, that agency has no intention of changing it's toxic culture or its predatory relationship with America's gun dealers and gun owners. After the fiasco at Waco, the Clinton administration considered splitting the agency up, leaving the revenue functions of BATFE with Treasury and moving the law enforcement functions to Justice under the FBI. The problem was that FBI took one look at the BATFE agents, decided they were a bunch of unprofessional loose cannons (with civil service job security) and "declined" to take them.
So here we are. The agency won't fix itself and nobody seems to have the "huevos" to force the issue. One possible but far fetched solution would be to repeal GCA68 which put the "FE" on what had previously been the Bureau of Alchohol and Tobacco.
DDS -- NRA Life Member
Thank You David for giving the idea some consideration. I think you may have nailed the problem in your comment to my post.
A malfunctioning firing is “NOT” willful and therefore should not be considered criminal.
Yet…The batf as argued in court that having a firearm that fires in a continuous burst is a violation of the law, regardless of the intent of the owner, user or cause!
This is similar to the sticking gas pedals on Toyota cars. The owner/operator looses all control.
A full auto that is functioning properly still gives the user some control.
The issue becomes one of control.
Any gun owner with a semi-auto experiencing a slam fire falls under this NEW batf interpretation.
David this issue affects ALL gun owners that own a semi-auto firearm.
I would think that every pro-gun group in the country would get on board and want to address this issue.
I know the NRA is taking a lot of heat right now so this is a chance to step up to the plate and correct something that could affect every semi-auto gun owner.
This issue to me is about as bi-partisan has it gets.
Every pro-gun group in the country is looking to put their hat in the air and claim victories; Politicians want the same thing.
David the language of such a bill would still have to be carefully written as to not give the batf another opportunity to go after gun owners; Currently the Batf as full discretion in these types of cases that needs to change.
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