ATF loses bump stock case

[dpete]

Copied and pasted directly from another forum:

Victory in 6th Ckt Ct of Appeals - bump stock case

ATF Loses Bumpstock Case Today at the 6th Circuit | The Civil Rights Lawyer

ATF loses case on bump stocks in circuit ct of appeals, (quoting from article):
Today, the U.S. Court of Appeals for the Sixth Circuit reversed the district court’s decision, which had denied GOA’s motion for a preliminary injunction on bump stocks. Gun Owners of America is seeking an injunction to prevent ATF from implementing a final rule incorrectly classifying bump stocks as machineguns under federal law.
This case was brought by Gun Owners of America (GOA), Gun Owners Foundation (GOF), the Virginia Citizens Defense League (VCDL), Matt Watkins, Tim Harmsen of the Military Arms Channel, and GOA’s Texas Director, Rachel Malone.
“Today’s court decision is great news and told gun owners what they already knew,” said GOA Senior Vice President Erich Pratt. “We are glad the court applied the statute accurately, and struck down the ATF’s illegal overreach and infringement of gun owners’ rights.”

The big issue, according to the court, (quoted from this article):
One of my favorite parts of the opinion. Boy does this sound familiar:

First, giving one branch the power to both draft and enforce criminal statutes jeopardizes the people’s right to liberty. The concern over the potential abuse of power if the executive can define crimes predates our nation’s founding. See THE FEDERALIST NO. 47, at 251 (James Madison) (quoting Baron de Montesquieu that “[t]here can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates”); 1 WILLIAM BLACKSTONE, COMMENTARIES *146 (1753) (“In all tyrannical governments, the supreme magistracy, or the right of both making and of enforcing the laws, is vested in one and the same man, or one and the same body of men; and wherever these two powers are united together, there can be no public liberty.”); JOHN LOCKE, SECOND TREATISE OF CIVIL GOVERNMENT § 143, pp. 324-25 (T. Hollis ed., 1764) (1690).

[dpete]

I don't own a bump stock and never will.  Its still good to hear when the ATF gets their hands slapped in the courts about anything.

[98Z5V]

That's some damn great news, right there, brother.  That decision can be used as Stare Decisis going forward, when they try to make their own rules again - like they're attempting on pistol braces right now...  

[unforgiven]

Great news 🍺🍺😁

[Cunuckgaucho]

Excellent 

[Albroswift]

On 3/26/2021 at 7:58 PM, 98Z5V said:

pistol braces right now

First thing I thought of. 

[Jeff300]

https://www.scotusblog.com/2024/06/supreme-court-strikes-down-bump-stock-ban/

ATF put people out of business when this went into effect. 

Edited June 15, 2024 by Jeff300

[98Z5V]

Chuckie Schumer just tried to get a Unanimous Consent Vote in the Senate just now.  Watched it live.  The very first vote was a Sen from Nebraska that torpedoed it. 

"BUMP Act" just failed the US Senate. 

[jim3326]

Well, that should have saved some time since there would be no reason to finish the roll call. But I'm certain it didn't.

[98Z5V]

If you actually surrendered one of these, here's how you get it back. 

 

[blue109]

Hope Trump learned something from this.