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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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To: DIRTYSECRET

Agreed. Thanks for pointing that out. President Trump did remake alot of the courts around the country to at least have parity.


21 posted on 01/22/2023 1:02:06 PM PST by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
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To: marktwain

They need to strike the pistol-brace ban immediately.


22 posted on 01/22/2023 1:04:56 PM PST by Mr. Blond
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To: Mr. Blond

What will that do it then becoming an SBR, if that’s true?


23 posted on 01/22/2023 1:51:26 PM PST by SgtHooper (If you remember the 60's, YOU WEREN'T THERE!)
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To: sauropod

Study.


24 posted on 01/22/2023 2:00:39 PM PST by sauropod (“If they don’t believe our lies, well, that’s just conspiracy theorist stuff, there.”)
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To: SgtHooper

It would simply remain a pistol with a brace. Or it may destroy the NFA entirely.


25 posted on 01/22/2023 2:13:21 PM PST by Mr. Blond
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To: Mr. Blond

Obviously, the latter would be a huge win! The ATF needs to learn that whatever the rule they promulgate, the far more intelligent users create a work-around!


26 posted on 01/22/2023 2:24:27 PM PST by SgtHooper (If you remember the 60's, YOU WEREN'T THERE!)
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To: SgtHooper

The new rule indicates that anyone having one of these questionable “rifles” can file the NFA form for the stamp and NOT have to pay the $200 stamp fee. So May 13 is the deadline after which peeps may be singled out, tortured, storm-troopered at 3AM, etc.


27 posted on 01/22/2023 3:04:21 PM PST by SgtHooper (If you remember the 60's, YOU WEREN'T THERE!)
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To: FreedomPoster

Like this
https://www.wsj.com/articles/SB124001537515830975


28 posted on 01/22/2023 5:22:07 PM PST by smokingfrog ( sleep with one eye open (<o> --- )
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To: FreedomPoster
The Biden administration's SCOTUS brief in support of Trump's bump stock ban is out.

This footnote is the telling part:

ATF’s regulation and our opening brief inadvertently misstated the number of classification letters between 2008 and 2017 in which ATF had concluded that certain bump-stock devices did not enable a firearm to fire “automatically” and thus did not convert weapons into machineguns. See Gov’t Br. 8 (citing 83 Fed. Reg. at 66,517). Respondent correctly observes (Br. 7, 21) that the record includes 15 such classification letters.

Oops. We got it wrong 15 times before Trump set everyone straight about what the law actually says.

This is the best amicus brief at dispelling that notion IMO:

Brief amici curiae of Second Amendment Law Center, Second Amendment Defense and Education Coalition, Federal Firearms Licensees of Illinois, California Rifle & Pistol Association, Inc., and Guns Save Life filed.

My view is that TeamR is ready to accept Trump's interpretation because Trump and TeamD will accept anything gungrabby, including Trump grabbing power they know he did not have, and both sides should be ashamed.
29 posted on 02/21/2024 5:44:30 AM PST by publiusF27
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To: marktwain

https://twitter.com/realDonaldTrump/status/977286489410240514


30 posted on 02/24/2024 2:26:58 PM PST by publiusF27
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To: Sacajaweau
ATF estimates 520,000 people own bumpstocks. Hmmmm

Several hundred have been turned in, including Cargill's that will be discussed Wednesday at SCOTUS.

So there are still probably about 520,000 is my guess.

Businesses who could not hide their previously-legal inventory were the only ones to really comply with the ban.
31 posted on 02/26/2024 3:59:18 AM PST by publiusF27
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To: marktwain
If SCOTUS overturns Trump's bump stock ban, what becomes of the ?

RW Arms, a prominent bump stock retailer based in Fort Worth, Texas, says its entire remaining inventory of 60,000 bump stocks has now been turned over to the ATF's custody. The items will be "shredded and recycled under the supervision of ATF agents," the company said.

In the run-up to the total ban, RW Arms had rushed to sell as many bump stocks as it could, posting a countdown clock on its website to warn customers of the impending change. Its bump stocks were priced as low as $179


So one day they had about a million dollars in inventory, then Trump changed his mind about what the law said and suddenly they had an expensive disposal problem with their newly illegal property.

It's like we don't have a fifth amendment at all. Trump decided their inventory was a public nuisance and that was the end of their property rights.

32 posted on 02/27/2024 4:11:16 AM PST by publiusF27
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To: marktwain
Bump stalk win in the Supreme court: The man that fought against the ATF
@michaeldcargill
https://x.com/michaeldcargill/status/1801624855906779278
33 posted on 06/14/2024 8:06:38 AM PDT by Steve Van Doorn
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To: publiusF27

It is a good question. Perhaps they can sue to be made whole.


34 posted on 06/14/2024 10:30:51 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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