Other State 6th circuit court of appeals rules bump stocks not subject to ATF ban

[Mr Smith]

Bump stocks not ‘machine guns’ and not subject to ATF ban, federal appeals court rules

A federal appeals court Thursday ruled that a federal regulation barring bump stocks is likely illegal and was incorrect in claiming that the devices make a weapon a machine gun.

www.washingtontimes.com

Has no effect on the northwest, but it does somewhat put the ATF in their place for clear overreach.

To summarize: The ATF has no authority to alter criminal law. "it is not the role of the executive — particularly the unelected administrative state — to dictate to the public what is right and what is wrong,"


The 6th Circuit ruled in a 2-1 decision, the 2018 finding by BATF that bump stocks were machine guns, which reversed a 2010 finding on the same subject, was in error and the lower-court was wrong to refuse to issue an injunction against the regulation.

In the 2-1 decision, Judges Alice Batchelder and Eric Murphy ruled that the regulation alters criminal law and thus has to be done by Congress.

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[arakboss]

So will Gov appeal to an En banc panel or just wait until they kill the f...buster and pass a law that prohibits them?

 

[The Heretic]

SCOTUS will have to take this up, but I am not holding my breath that they will rule in our favor; they declined to take up an appeal previously and left the ban in place.

 

[arakboss]

Shouldn't the ban already be lifted in the areas under the 6th Circuit's jurisdiction?

 

[Mr Smith]

It would seem so. I'm less concerned about 'bump-stocks' themselves and more interested in seeing how this effects the BATFE's ability to say what you can and can't have.

Because like any form of law enforcement: they don't have the ability to create new laws or alter existing laws.

 

[arakboss]

It would seem so. I'm less concerned about 'bump-stocks' themselves and more interested in seeing how this effects the BATFE's ability to say what you can and can't have.

Because like any form of law enforcement: they don't have the ability to create new laws or alter existing laws.

I think it should apply to the BS determination regarding 80% receivers/frames sent with parts to complete firearm.

 

[Mr Smith]

I think it should apply to the BS determination regarding 80% receivers/frames sent with parts to complete firearm.

Indeed. And that one in particular is a very slippery slope. What's to say a pile of aluminum can's isn't a firearm if they're going to call a chunk of partially machined aluminum a firearm?

 

[Xaevian]

This is a good lesson about executive orders and rule making authority. One that most Americans don't really understand.

 

[Member 34319]

I bet bump stocks start mysteriously reappearing now!