Federal court strikes down ban on bumpstocks on you tube

[Chicago kidd]

I just watched this on you tube

[John Kloehr]

Non-youtube news article:

https://www.reuters.com/legal/government/another-appeals-court-rules-against-us-ban-gun-bump-stocks-2023-04-25/

The actual ruling:

https://law.justia.com/cases/federal/appellate-courts/ca6/20-6380/20-6380-2023-04-25.html

 

Not a 2A decision, the ruling is based on separation of powers. The ATF under the executive branch can not create new law, and when interpreting a law with criminal penalties, any ambiguity must be in favor of the accused.  From the decision:

 

Quote

Though my reasoning differs somewhat from the majority opinion, all judges on this panel agree on this point: it is up to Congress, not the ATF, to change the law if bump stocks are to be made illegal

The case now goes back to the lower court for reconsideration within this ruling's guidance.

[Blackwater 53393]

While this, in effect, is not a Second Amendment based verdict, it DOES put BATFE on notice that they are NOT empowered to “make law” or to circumvent the process by which laws are enacted!!!

 

That it is, at least temporarily, a win for gun owners is to be appreciated!  The antis have sought to get around the Constitution whenever they aren’t allowed to just trample it!  The sixth circuit just put up a barricade across one of their favorite avenues!  Hopefully, the courts will build a stone wall where that barricade now stands!!

 

 

[Pat Riot]

I have never had any interest in bump stocks, but the ATF needs its wings clipped for some of their BS silliness of late. 

I thought it funny that the BATFE had a booth at the West Virginia Outdoor & Sportsman’s Show a couple of months back. I got some info from them and I asked the nice lady that was helping me if this was something new for them. She said it was a first for her. I asked her if they were going to be attending Gun shows. She smiled and said “Probably not.” I did say that “Having a friendly presence at various venues might help the ATF’s image.” She didn’t respond and deflected the conversation to point out the new C&R booklets. 

[Cypress Sun]

I have no love or use for the BATF, but I am somewhat amused by lack of memory and some of the comments on this site, other sites and jabber at the range. 

 

I should point out that (then) President Trump, in complete agreement with the NRA, is the one that requested the DOJ ban bump stocks by reclassifying them as machine guns after the Vegas shooting...it wasn't just the anti's and Dem's folks.

[Irish Pat]

what will this do to the AR-15 style pistol  with the handicap braces they are trying to get registered 

[Pat Riot]

29 minutes ago, Cypress Sun said:

I have no love or use for the BATF, but I am somewhat amused by lack of memory and some of the comments on this site, other sites and jabber at the range. 

 

I should point out that (then) President Trump, in complete agreement with the NRA, is the one that requested the DOJ ban bump stocks by reclassifying them as machine guns after the Vegas shooting...it wasn't just the anti's and Dem's folks.

[John Kloehr]

50 minutes ago, Cypress Sun said:

I have no love or use for the BATF, but I am somewhat amused by lack of memory and some of the comments on this site, other sites and jabber at the range. 

 

I should point out that (then) President Trump, in complete agreement with the NRA, is the one that requested the DOJ ban bump stocks by reclassifying them as machine guns after the Vegas shooting...it wasn't just the anti's and Dem's folks.

I am trying to find the full NRA statement regarding bump stocks after the Vegas shooting. I have found a few snippets quoted from the statement, the strongest being support of a review of existing BATFE regulations. But no news source provided the full statement, or at least I can not find it.

 

On edit: I did find the Daniel Defense AR competition rules (with the NRA) prohibited self-resetting triggers and "slide-fire" stocks.