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In Groundbreaking Ruling 5th Circuit Strikes Down ATF’s Bump Stock Ban
AmmoLand ^ | January 18, 2023 | Dean Weingarten

Posted on 01/22/2023 5:07:19 AM PST by marktwain

In what is likely to become a landmark case, the United States Court of Appeals for the Fifth Circuit, in an en banc decision of all the judges in the circuit, struck down the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) rule which changed the definition of a machinegun to include bump stocks. Thirteen judges were in the majority, with three judges dissenting. The case is Cargill v. Garland. This correspondent wrote about it previously.  Here is a summation of how the sixteen judges ruled. From the opinion:

Of the sixteen members of our court, thirteen of us agree that an act of Congress is required to prohibit bump stocks, and that we therefore must reverse. Twelve members (Chief Judge Richman and udges Jones, Smith, Stewart, Elrod, Southwick, Haynes, Willett, Ho, Duncan, Engelhardt, and Wilson) reverse on lenity grounds. Eight members (Judges Jones, Smith, Elrod, Willett, Duncan, Engelhardt, Oldham, and Wilson) reverse on the ground that federal law unambiguously fails to cover non-mechanical bump stocks. Chief Judge Richman, Judge Stewart and Judge Southwick concur in the judgment and join in Part V, as does Judge Ho, who also writes separately. Judge Oldham concurs in the judgment and joins in Parts I–IV.A. Judge Haynes only concurs in the judgment and writes separately.

The opinion gives considerable detail about the history of the administrative rule change created by ATF under pressure from the Trump administration. It shows the rule change stopped the momentum to pass a law banning bump stocks.  This correspondent wrote, at the time, it was better to have the ATF use the rule-making process because it would be easier to overturn in the courts or for a future administration to overturn.

(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: 0trumpban; 0trumpstockban; 5thcircuit; 88to0; banglist; bumpstock; clintonstooge; deanweingarten; dissenters; enbanc; fifthcircuit; guncontrol; guns; jamesegravesjr; jamesldennis; leftystooges; nondelegation; obamastooge; stephenahigginson; stoogedissenters; voicevote
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Administrative agencies are not allowed to make their own law. It is the non-delegation principle.
1 posted on 01/22/2023 5:07:19 AM PST by marktwain
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To: marktwain

We need a lot more of this limiting the actions of a lot more agencies of the FedGov.

In particular, I’m thinking of the way administratively created mileage standards are being used to essentially end use of internal combustion engines and push us all into EVs. But there are plenty of other examples.


2 posted on 01/22/2023 5:13:51 AM PST by FreedomPoster (Islam delenda est)
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To: marktwain

The criminal democrats will still just keep creating rules and laws to make it as difficult as possible to own and use firearms. They are the enemy of the Constitution. The pistal brace is the newest rule made up to catch law abiding citiens in a trap created by these criminals.


3 posted on 01/22/2023 5:15:51 AM PST by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
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To: marktwain

👍


4 posted on 01/22/2023 5:20:48 AM PST by PGalt (Past Peak Civilization?)
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To: joma89

We don’t hear about the 9th circuit anymore so we’re doing something right.


5 posted on 01/22/2023 5:21:19 AM PST by DIRTYSECRET
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To: marktwain

It’s about time that Federal judges start striking down the hundreds (thousands?) of unconstitutional gun laws that certain states have enacted,and continue to enact.. If Federal judges can stop DJT’s wall then they can act to protect 2nd Amendment rights!


6 posted on 01/22/2023 5:23:39 AM PST by Gay State Conservative (No Doubt Now: Stolen Election)
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To: marktwain
The Democrats only need to flip a couple House Republicans to pass a bump stock ban.

Santos (R-NY) is already on borrowed time, and a Republican Congressman from Florida fell off his roof and is in the hospital.

Give the Dems another six months, and they will completely wipe out our tiny majority in the House.

7 posted on 01/22/2023 5:27:17 AM PST by zeestephen (43,000)
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To: PROCON

Ping.


8 posted on 01/22/2023 6:06:24 AM PST by Joe Brower ("Might we not live in a nobler dream than this?" -- John Ruskin)
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To: marktwain
"the non-delegation principle"

I wonder how this will affect the ATF's recent (and predictable) decision regarding reclassifying braced pistols as SBRs.

Knowing how these apparatchiks operate, I would predict they will continue full speed ahead on that transparent effort to turn millions of gun owners into paper felons.

9 posted on 01/22/2023 6:09:00 AM PST by Joe Brower ("Might we not live in a nobler dream than this?" -- John Ruskin)
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To: zeestephen

Exactly how many bump stocks are/have been sold?


10 posted on 01/22/2023 6:21:32 AM PST by Sacajaweau ( )
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To: marktwain

ATF estimates 520,000 people own bumpstocks. Hmmmm


11 posted on 01/22/2023 6:26:03 AM PST by Sacajaweau ( )
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To: marktwain

I barely graduated from high school and I knew the minute Trump suggested the ban that it was unconstitutional. I shoulda been a judge.


12 posted on 01/22/2023 6:50:42 AM PST by suthener
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To: marktwain

Reg agencies have been doing this for years — “interpreting” laws.

Legislative branch led by slimes like Pelosi write thousand page loads of crappola giving no one time to discuss or even read. Then, they (the slimes) dump actual implementation onto bought and paid for reg agencies — to interpret according to language the slimes could not write into the law.
Smart folks who believe in America have been running the ATF into court and winning time after time.


13 posted on 01/22/2023 7:16:41 AM PST by bobbo666 (Baizuo)
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To: marktwain; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; umgud; ...

RKBA Ping List


This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.

FReepmail me if you want to be added to or deleted from the list.

More 2nd Amendment related articles on FR's Bang List.

14 posted on 01/22/2023 7:37:14 AM PST by PROCON (Sic Semper Tyrannis)
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To: Sacajaweau

Then they would seem to be “in common use” and therefore most certainly under the protection of the Second Amendment. (Which is not to say that uncommon things wouldn’t be.)


15 posted on 01/22/2023 8:06:11 AM PST by coloradan (They're not the mainstream media, they're the gaslight media. It's what they do. )
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To: FreedomPoster; PROCON; marktwain
"We need a lot more of this limiting the actions of a lot more agencies of the FedGov."

AMEN to THAT! This is great news!

P.S. We HAVE an 'Instruction Manual' if any of 'our betters' would care to READ it:'


16 posted on 01/22/2023 8:07:32 AM PST by Diana in Wisconsin (I don't have, 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set. )
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To: marktwain

Personally, I’m applying this decision to my tac triggers...
Same concept...IMHO...


17 posted on 01/22/2023 10:13:47 AM PST by SuperLuminal (Where is the next Sam Adams when we so desperatly need him)
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To: Joe Brower

Curious about braces as well, I have one.


18 posted on 01/22/2023 10:22:52 AM PST by Reno89519 (DeSantis or Anyone But Trump in 2024. Time for Trump to Retire, Spend Time With His Family.)
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To: Reno89519

“Don’t ask, don’t tell.”


19 posted on 01/22/2023 10:39:35 AM PST by Joe Brower ("Might we not live in a nobler dream than this?" -- John Ruskin)
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To: marktwain

Bkmk


20 posted on 01/22/2023 12:27:53 PM PST by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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