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 ...
Agreed. Thanks for pointing that out. President Trump did remake alot of the courts around the country to at least have parity.
They need to strike the pistol-brace ban immediately.
What will that do it then becoming an SBR, if that’s true?
Study.
It would simply remain a pistol with a brace. Or it may destroy the NFA entirely.
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!
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.
It is a good question. Perhaps they can sue to be made whole.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.