National Fifth circuit injunction against the ATF pistol brace rule.

[chipotle]

Senate vote on removing the brace rule 49-50

U.S. Senate: U.S. Senate Roll Call Votes 118th Congress - 1st Session

www.senate.gov

Sad, but expected. Joey B signaled that this would never get signed if passed (naturally) and GOA admitted that pushing this vote through the house was about countering the grabber argument that "congress wants these bans" in the courts.

It is good, though, to have the reps and senators votes on record regarding this abuse of power by Biden and ATF. Time to target the "progun" dems who voted against the measure (looking at you, Manchin).

 

[CamoDeafie]

Senate rejects House-passed measure overturning Biden rule on pistol braces

The Senate voted largely along party lines Thursday to reject a Republican-sponsored resolution that would have overturned a Biden administration rule effectively banning the use of stabilizing bra…

thehill.com

"Why? Because they combine the accuracy of a rifle with the concealability of a handgun. It's a deadly combination," Senate Judiciary Committee Chairman Dick Durbin (D-Ill.) said before the vote.

and yet... 27 States have Constitutional/ Permitless carry systems, as in people.can carry concealed weapons without permits in these 27 States. Unsurprisingly,.the vast majority of these States have R reps and Senators.

 

[The Heretic]

Yup. Of course straight Party Line.

Wyden doesn't always toe the line with his party, but he also isn't a 2A supporter either.

 

[The Heretic]

"Why? Because they combine the accuracy of a rifle with the concealability of a handgun. It's a deadly combination," Senate Judiciary Committee Chairman Dick Durbin (D-Ill.) said before the vote.

Most braced "pistols" (typically ARs) are hardly as concealable as a handgun, although slightly more concealable than more conventional rifles. Most bullpups are too (and yes, I expect bullpups to be targeted at some point, maybe soon).

 

[chipotle]

Most braced "pistols" (typically ARs) are hardly as concealable as a handgun, although slightly more concealable than more conventional rifles. Most bullpups are too (and yes, I expect bullpups to be targeted at some point, maybe soon).

Good thing they are "in common use" per Heller, Caetano etc.!

 

[Stomper]

To be frank, I would rather touch a spent nuclear fuel rod than these fake "amnesty" form 1 registrations.

You are admitting to ATF (with photo evidence!) that an NFA violation occurred, and you don't even get a true tax stamp for your trouble (literally-they don't give you an NFA tax stamp, just a waiver).

Your can't be Frank, you're already Chipotle.

 

[chipotle]

Your can't be Frank, you're already Chipotle.

Funny thing about that is a burrito and a hot dog are conceptually very similar…

 

[Stomper]

Funny thing about that is a burrito and a hot dog are conceptually very similar…

Yeahbutt… if you throw a hotdog and a burrito down a hallway you'll get drastically different results.

 

[kmk1012]

Yeahbutt… if you throw a hotdog and a burrito down a hallway you'll get drastically different results.

Isn't a burrito just an uncircumcised hotdog? Results may vary

 

[VinnieBoomBah]

But the real question is . . .

Why can’t we settle the “is a hot dog a sandwich?” debate?

dscout asked nearly 600 people the oft-debated question… and then asked them to record their answers in the moments they were chowing down. Here’s what our in-context research told us about the underlying, surprising reasons we just can’t shake the great “Is a hot dog a sandwich?” debate.

dscout.com

 

[CamoDeafie]

Good thing they are "in common use" per Heller, Caetano etc.!

Heller also says "dangerous and unusual weapons" can be regulated, which is the DOJ reasoning for putting brace equipped pistols under SBR definition with the additional criteria.

Caetano is just an Opinion, not a SCOTUS Ruling/Decision and has not been used for NFA items.

Out of the 6 conservative Justices; 2 are definitely 2A Friendly/originalists(Alito and Thomas) , 2 are ambigous(Gorsuch and Barrett), 2 may not be(Roberts and Kavanaugh), and may swing towards institutionality/keeping NFA and allowing ATF/DOJ to continue. They only need 5 out of their 6 to decide/rule in favor of 2A.

The 3 remaining Justices are definitely anti 2A. They need 2 conservative Justices to vote/decide their way.

Should this reach SCOTUS, and they hear and decide; I still say it'll be a 5-4 decision; could go either way.

 

[RX-79G]

Should this reach SCOTUS, and they hear and decide; I still say it'll be a 5-4 decision; could go either way.

And SCOTUS already decided to leave bump stocks alone, which had similar arguments:
1. What is full auto? (Or a stock?)
2. Does Chevron Deference apply?

 

[CamoDeafie]

And SCOTUS already decided to leave bump stocks alone, which had similar arguments:
1. What is full auto? (Or a stock?)
2. Does Chevron Deference apply?

If talking about the denial of writ of certiorari by Gorsuch back in 2019?

It might still come back up via Cargill vs Garland

Garland v. Cargill - SCOTUSblog

Independent News and Analysis on the U.S. Supreme Court

www.scotusblog.com

 

[nwslopoke]

Most braced "pistols" (typically ARs) are hardly as concealable as a handgun, although slightly more concealable than more conventional rifles. Most bullpups are too (and yes, I expect bullpups to be targeted at some point, maybe soon).

Shh. What they don't know the can't attack. They know so little as it is, their arguments should be thrown out of court.

 

[RX-79G]

If talking about the denial of writ of certiorari by Gorsuch back in 2019?

It might still come back up via Cargill vs Garland

Garland v. Cargill - SCOTUSblog

Independent News and Analysis on the U.S. Supreme Court

www.scotusblog.com

No, 2022. https://www.scotusblog.com/case-files/cases/gun-owners-of-america-inc-v-garland/

 

[CamoDeafie]

Government seeks review of federal gun regulations on domestic abusers, bump stocks - SCOTUSblog

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here. This week, we highlight cert petitions that ask the court to consider, among other things, whether to revive two federal gun restr

www.scotusblog.com

Cargill v. Garland is still going on. It is another bump stock case.

 

[RX-79G]

Government seeks review of federal gun regulations on domestic abusers, bump stocks - SCOTUSblog

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here. This week, we highlight cert petitions that ask the court to consider, among other things, whether to revive two federal gun restr

www.scotusblog.com

Cargill v. Garland is still going on. It is another bump stock case.

Sure, but less than a year ago SCOTUS rejected a very similar case and let Chevron stand. And you seem to be saying they did the same in 2019 as well.

 

[CamoDeafie]

Sure, but less than a year ago SCOTUS rejected a very similar case and let Chevron stand. And you seem to be saying they did the same in 2019 as well.

5th District's ruling as of Jan 2023 seems to say that in every case prior, Chevron is not applied, but Rule of Lenity is applied... even Gorsuch's comment says Chevron doesn't apply. Right now it's pending petition for writ of certiorari. It is possible this one case would make it to SCOTUS. It's also possible to be denied cert but be allowed to stand as a 5th District ruling.

 

[RX-79G]

5th District's ruling as of Jan 2023 seems to say that in every case prior, Chevron is not applied, but Rule of Lenity is applied... even Gorsuch's comment says Chevron doesn't apply. Right now it's pending petition for writ of certiorari. It is possible this one case would make it to SCOTUS. It's also possible to be denied cert but be allowed to stand as a 5th District ruling.

The Sixth said that Chevron should apply to the bumpstock case as the apelet already ruled, SCOTUS decided not to hear that. What do you think is going to change?

There's a lot more at stake here than gun regulations if Chevron gets thrown out generally due to Lenity. The court isn't going to screw up all federal regulation lightly.

 

[CamoDeafie]

The Sixth said that Chevron should apply to the bumpstock case as the apelet already ruled, SCOTUS decided not to hear that. What do you think is going to change?

I don't know. Garland/ Government asked SCOTUS to review Cargill after the 5th District ruled in Cargill's favor . Maybe SCOTUS is waiting for a bigger case? Maybe not? You and I are not Justices. Nor are we scholars.