Former State Delegate Smigiel Explains Bump Stocks, Opposes Ban

Former state delegate and gun rights activist Mike Smigiel takes a strong stance on the push to regulate or ban "bump stocks."

"Shall not infringe," the Republican told C4 in studio on Friday, quoting the Second Amendment as he brought his own to show off the controversial instrument found attached to a number of the rifles used in the Las Vegas massacre.

The device harnesses the recoil energy of a semi automatic weapon to allow it to fire nearly as fast as a fully automatic weapon. Automatic weapons are heavily regulated by the federal government, and several states ban them entirely.

Democrats, some Republicans and even the National Rifle Association have expressed openness to regulating or banning bump stocks in the days since the attack.

Smigiel served three terms representing the upper Eastern Shore in the General Assembly. Outside of his legislative career, is a Marine Corps veteran, NRA member, certified firearm instructor and Second Amendment lawyer.

"We have more regulatory infringements on the Second Amendment than any other," Smigiel said. "You can be an alcoholic and have freedom of speech and you can have freedom of your religion. You can't do that if you are owning a firearm."

He said that government, when it does attempt to draw lines, can't figure out the right place to draw a line. He cited current state law barring most people who have spent more than 30 consecutive days in inpatient mental health treatment from purchasing a firearm. Someone who has been treated for anorexia, he said, may be unable to buy a firearm despite having full control of their faculties.

"What [the Second Amendment] comes from is to protect against tyranny, the tyranny of your government and you're entitled to have the same kind of force that your government has," Smigiel said. "If the military's going to be turned on the United States citizens, then they have a right to defend themselves against tyranny."