National 5th District puts down Federal bump stock ban

[ilikegunspdx]

Mark smith video on it. Interesting the judges said chevron rule does not apply because it is criminal related, not administrative. Rule of lenity applies. I just heard someone the other day say here that chevron deference allows atf to do whatever they want (I think it was in regards to brace rule maybe?). But what peopel don't realize is that is not for when criminal prosecutions are involved. Unanimous decision by the judges.

 

[Stomper]

So currently the cargill case in the 10th is currently going to the Supreme Court I think (they haven't decided to take it yet)? And the 6th is saying bump stock are ok? Is that the bumpstock status so far in the us?

No, the 6th rule against bump-stock bans, and even literally called out the ATF as "flip-flopping", which proves the statute the ATF is citing in ambiguous, therefor "the rule of lenity" applies, not "chevron deference".


What a bunch a weasel-words and terms in any event!

 

[Diamondback]

They never were real high on my "want list" but, I would love to see them lose. The reason we keep taking it in the shorts is so many gun owners who don't care about laws that they think do not effect them. Then when they finally get around to laws that effect something they own they are of course angry.

A**hat Terrorist Fascists collectively needs to e given the judicial equivalent of a small weakling in the Lifer wing of prison, crying themselves to sleep every night after relentless rump-rammings from any an all of the brothers who want some.

Any day they get prison-b*tched in court, no matter what the grounds, is a good day for freedom and America.

 

[Yarome]

The 6th's ruling already in play... Jim Jordan in yesterdays testimony hearing with the diddler slammed that ruling in his face with regard to the pistol brace rule. Beautiful!! (only 5min, but advance to 4:29 for the zinger)

 

[PiratePast40]

The 6th's ruling already in play... Jim Jordan in yesterdays testimony hearing with the diddler slammed that ruling in his face with regard to the pistol brace rule. Beautiful!! (only 5min, but advance to 4:29 for the zinger)

That's a start, but what will actually come of this?

 

[bellarum]

Ha! Where are all these gang bangers with pistol braces? They should be outraged!
Pretty sure it won't matter what configuration a gang bangers firearm is in when they "discover" one under "certain" circumstances.
That stamp will change everything for the better and save so many lives!

 

[Yarome]

Looks like the 6th circuit 3 judge panel just ruled as well... the rule of lenity applies and bump stocks are off the menu for the alphabet. Sting much?

In reaching their decision they took a little different approach than the 5th circuit, but the end result is the same.