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Bump Stock Ban struck down by courts

John A.

Unconstitutional laws are not laws.
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I expect this will move to the supreme court, but here's excerpts from the Associated Press article, located here: https://apnews.com/article/politics...e-government-b5990ed60ebb617055cc8d5c36a84050

my emphasis and response in bold red

NEW ORLEANS (AP) —
It’s a firearm issue that involves not the Second Amendment but the interpretation of federal statutes. Opponents of the ban argued that bump stocks do not fall under the definition of illegal machine guns in federal law. The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives says they do, a position now being defended by the Biden administration.
The ban had survived challenges at the Cincinnati-based 6th U.S. Circuit Court of Appeals; the Denver-based 10th Circuit; and the federal circuit court in Washington. A panel of three judges at the 5th Circuit also issued a ruling in favor of the ban, upholding a lower court decision by a Texas federal judge. But the full New Orleans-based court, currently with 16 active members, voted to reconsider the case. Arguments were heard Sept. 13.

the full appeals court Friday sided with opponents of the ATF rule. They argued that the trigger itself functions multiple times when a bump stock is used, so therefore bump stock weapons do not qualify as machine guns under federal law. They point to language in the law that defines a machine gun as one that fires multiple times with a “single function of the trigger.”

“The trigger is going to function multiple times,” Richard Samp, arguing for a Texas gun owner, told the 5th Circuit judges at the Sept. 13 hearing.

U.S. Department of Justice lawyer Mark Stern said the key is the action of the shooter.

“You only have to do one thing,” Stern told the judges. “Your trigger finger isn’t doing anything other than sitting still.”
End of excerpt.

My comment about the last line above.
(Mark Stern should be disbarred for perjury).
 
We have the same waste of time and money with the ongoing ATF rule development on Braces.
 
What's amazing is that millions of dollars have had to be spent all because of government over-reach against a civil right. (2A). It's not about whether bump stocks are good or not.

It boils down to the atf unlawfully making up their own rules and reclassify stuff and bypassing congress to make law and creating felons on a whim. That's now how laws are created in this country caddmann.

In this case about bump stocks, atf reclassified what a machinegun is, despite the actual law definition NOT being what the atf said it was. I think bump stocks were some silly gimmick. And to be honest, you don't need a silly gimmick stock to bump fire a semiauto gun. You can bump fire a semi auto with a little practice and nothing more than your two hands. So, this "ruling" which turned people into felons just because the ATF said so, was unlawful. They can't do that, and this court judgement came out in not so many words and said so. Ruling was 13-3 panel of federal judges against the atf doing that. I think that will also apply to many of their other current cases that are in court now as well.

There is currently another active court case where the atf arrested a guy who was making laser engravings on a piece of metal then the atf classified were machineguns at this time too. Heck, it wasn't even a gun part. It was literally a picture etched into a rectangular piece of sheet metal. They Arrested him. Seized all of his money. Put him in jail. Because of a picture of a gun part. And not only that, got his customer list and was actively going around to their houses confiscating the pictures under threat of arrest.

The atf have postponed the pistol brace ruling twice now due to current court proceedings. It was supposed to have came out the last week of December 2022. The said they were going to publish pistol brace laws sometime next month now, which will very likely create tens of millions more instant felons, even though congress hasn't made any actual laws saying they're illegal. There are more than 120 elected officials who have signed onto a letter telling the atf to cut it out and asking questions, but the atf no longer has to answer to congress and the house apparently because they have ignored the letter.

The atf have already been to court and said shoelaces could be a machinegun too. True story.

The bump stock order is one of Trumps biggest failures (along with the support from the nra that has had literally multiple compromising failures of their own) and is what has opened the door to the atf thinking they can just reclassify pistols and receivers and what a gun is. That just was published a few weeks ago. It essentially banned people being able to purchase metal or plastic if they intended to use it to make their own gun, unless they ship it to an FFL to have it transferred as a gun. That goes against multiple supreme court cases and against the history of the USA since even before the founding of the USA.

I'll call a spade a spade 100% of the time regardless of how they identify. @Rodburner I wanted to tag you in this because I know there has been some question about the shockwave before. And for you to see that I am not just critical of one political party of the other. I don't care to point out where either of them are wrong.
 
Clearly, I am now a thought Kriminal.
I have been collecting metal for years and I’ve never sent any of it through the federal government for documentation of any kind. But just to be safe, I burned all my spare shoelaces.
 
The bump stock order is one of Trumps biggest failures...
I agree. The issue with "good" politicians is that when something happens like the LVNV massacre, they try to appease the prog-libs while not pissing off their base too much. Such as the BS ban and Gubna **** Scott with the MSD laws that were both knee-jerked into place. The problem with appeasement is that the libs will NEVER be appeased nor satisfied until we are disarmed. So IMO, NO COMPROMISES should ever be made.
 
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Here is a video from the guy who sued about the ban. I would urge each of you to listen to what he has to say.

 
So glad I sold mine before all this went down. Its a novelty item that is not all its hyped to be. YMMV

Legally the ATF completely overstepped their bounds by banning them and that is the issue people need to keep focussed on. They have way to much power to effectivy legislate law by simply changing policy. I would live to see them and neutered but will take even a small win.
 
If you read the pertinent items of the ruling (its like 60 pages) they come out plain as day and say the ATF does not have authority to enact legislation without Congress, presidential signature, and upholding as constitutional by the court system after. Also not able to reinterpret technical definition of a machine gun.

Mrgunsngear has a good video breaking it all down.

Also says agency not able to use Chevron defense as well (look it up)

Great news as legal precedent for braces, etc, as there are many many millions more of those "in common use", which is a real thing, and really important.
 
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