Despite Democrats, Republicans and even the NRA supporting it, banning those now infamous "bump stocks" may not be a slam dunk.

That's because, Fox News senior judicial analyst Judge Andrew Napolitano, says any bill that tries to ban the device, which allows semi-automatic weapons to mimic automatic weapon fire, may hit one pretty significant snag: the Constitution.

On Thursday's show, Judge Napolitano joined Tom Shillue and weighed in on the NRA's statement that suggested they'd be open to 'regulations' on the 'bump stock' device that the Las Vegas shooter used.

The Judge explained to Tom and his listeners why he believes the Founding Fathers and former Supreme Court decisions wouldn't support a ban on the "bump stock". He argues the Second Amendment says civilians have the right to own same arms ("not armaments") as the government.