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Sixth Circuit: ATF Cannot Classify Bump Stocks as Machine Guns
Breitbart ^ | Mar 25, 2021 | AWR Hawkins

Posted on 03/26/2021 6:16:36 AM PDT by Magnum44

On March 25, 2021, the United States Court of Appeals for the Sixth Circuit ruled against the ATF’s December 26, 2018, rule declaring bump stocks to be machine guns and prohibiting ownership of said stocks.

NPR reported the prohibition against ownership went into effect on March 26, 2019.

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


TOPICS: Local News; Military/Veterans
KEYWORDS: 1moretime; atf; banglist; guncontrol; guns; secondamendment; secondammendment

1 posted on 03/26/2021 6:16:36 AM PDT by Magnum44
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To: Magnum44

I am not one to jump on the ‘4-d chess’ band wagon, but I think Trump knew his executive order would push this to a court ruling.


2 posted on 03/26/2021 6:24:03 AM PDT by Magnum44 (...against all enemies, foreign and domestic...)
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To: Magnum44

So, does this mean that bump stocks are again legal? Anyone still have them in the garbage can to retrieve?


3 posted on 03/26/2021 6:25:37 AM PDT by Reno89519 (Buy American, Hire American! End All Worker Visa Programs. Replace Visa Workers w/ American Worker)
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To: Reno89519

The Biden Admin will appeal this.

It is not the final word.


4 posted on 03/26/2021 6:31:05 AM PDT by Erik Latranyi (We are being played by forces most do not understand)
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To: Reno89519

Who knows. A court ruling won’t stop the ATF from breaking into your home and murdering you if you own one w/o the necessary ‘mother may I’ papers.


5 posted on 03/26/2021 6:31:22 AM PDT by 556x45
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To: Magnum44

“The government shall infringe the right to keep and bear arms in a variety of ways, as shall be determined from time to time by legislation, executive orders, court orders and other such means as shall be deemed convenient at any given time, although this may or may not be subject to review and change at a later date, so who really knows?”

That right there is a direct quote from the Penumbra.


6 posted on 03/26/2021 6:32:20 AM PDT by ClearCase_guy ("I see you did something -- why you so racist?")
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To: Reno89519
-- So, does this mean that bump stocks are again legal? --

Interesting question. When various Ciruit Courts made immigration rulings, the ruling applied accross all circuits. The scope of effect of most decisions is limited to that Circuit, the Circuits can come to opposite conclusions. That's called a "split" and is a factor that SCOTUS includes when considering whether or not to take a case.

Then there is the fact that the government can and does circumvent court rulings, if it wants to. In other words, you can be punished by process even if you are totally innocent. This is more common than people realize.

7 posted on 03/26/2021 6:33:11 AM PDT by Cboldt
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To: Erik Latranyi

Or just do it anyhow. Democrats never let adhering to laws stand in their way when it comes to achieving their ends.


8 posted on 03/26/2021 6:33:34 AM PDT by sport
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To: Magnum44
The Bureau of Alcohol, Tobacco and Firearms (ATF) has no place setting ANY restrictions on firearms.

If anything, as a government agency, they should be promoting the manufacturing, sale, and use of Alcohol, Tobacco, and Firearms.

9 posted on 03/26/2021 6:35:13 AM PDT by T.B. Yoits
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To: Magnum44

The problems is that this is a ruling on the technical deficiency of the rule - the ATF is essentially assuming more power than the controlling statute has ceded to it - rather than a ruling on the constitutional merits of the ATF’s rule.

IOW, when Biden breaks the filibuster to ban most semi-automatics (which is coming WAY sooner rather than later), the bump stocks will be expressly prohibited by statutory law and not dependent on ATF discretion, essentially mooting this case. It will never be heard by the Supreme Court.


10 posted on 03/26/2021 6:46:11 AM PDT by ScubaDiver (Reddit refugee.)
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To: T.B. Yoits

I always thought it was interesting that the ATF has its roots in the Bureau of Prohibition, a government enforcement agency that didn’t come into existence until AFTER a constitutional amendment was adopted and the subsequent Volstead Act was passed to ban the manufacture & sale of alcohol.

Why is it that in the early part of the 20th century, the Constitution had to be amended before something not even mentioned in the Constitution could be regulated & banned but now, we regulate and ban just about anything if Congress says so including things that are expressly protected in the USC?


11 posted on 03/26/2021 6:57:07 AM PDT by ScubaDiver (Reddit refugee.)
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To: Magnum44

Belt Loops can be used as “bump stocks”.


12 posted on 03/26/2021 6:59:15 AM PDT by G Larry (Authority is vested in those to whom it applies.)
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To: Magnum44

Raise your hand if you ever bothered to get rid of your bump stock. 🙄


13 posted on 03/26/2021 7:12:46 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: G Larry

And rubber bands


14 posted on 03/26/2021 9:19:14 AM PDT by Roman_War_Criminal (Jesus + Something = Nothing ; Jesus + Nothing = Everything )
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To: Magnum44

Obama looked into this issue three times and concluded that the executive branch doesn’t have the power to ban bump stocks.

Trump took one look and decided he did. TeamD types didn’t object because anything gungrabby is good. TeamR types didn’t object because it was Trump, not Obama, doing it.

But Obama was right on that one and Trump was wrong and I’m glad the 6th Circuit saw it that way.


15 posted on 03/28/2021 3:42:07 AM PDT by publiusF27
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To: ScubaDiver
IOW, when Biden breaks the filibuster to ban most semi-automatics (which is coming WAY sooner rather than later), the bump stocks will be expressly prohibited by statutory law and not dependent on ATF discretion, essentially mooting this case. It will never be heard by the Supreme Court.

Maybe. The Supreme Court has acted when intervening legislation had already mooted their action. See footnote 4 in the Lopez opinion.
16 posted on 03/28/2021 3:44:13 AM PDT by publiusF27
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