Posted on 03/22/2019 12:47:43 PM PDT by PROCON
The litany of legal challenges to the federal bump stock ban generated an injunction on Thursday.
The U.S. 10th Circuit on Thursday issued a temporary stay of the pending federal bump stock ban set to take effect next week.
The stay comes in the case of Utah gun rights advocate W. Clark Aposhian, backed by the nonprofit New Civil Liberties Alliance, which takes issue with how government regulators moved to outlaw the devices last year. As such, it blocks enforcement, set to take effect on March 26, only against Aposhian while his case is in the courts.
“Today the Court of Appeals told the ATF that it could not rush through the bump stock ban without meaningful judicial review,” said Caleb Kruckenberg, NCLA’s litigation counsel, in a statement to Guns.com. “The Court understands the stakes and is refusing to let an innocent owner be declared a felon, as scheduled.”
The lawsuit, filed in January in a Salt Lake City U.S. District Court, challenges the proper role of administrative agencies– such as the Bureau of Alcohol, Tobacco, Firearms and Explosives– and whether their regulations may contradict a law passed by Congress, specifically the definition of a “machine gun” as set by lawmakers in 1934 and 1968. The case argues that ATF essentially rewrote the definition as set out by previous laws, something that was not in the agency’s power to do.
(Excerpt) Read more at guns.com ...
The temporary stay is only for Mr. Aposhian, not for all bump stock owners.
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Oh the judge didn’t apply the injunction to the entire country indefinitely like they do to Trump?
Shocking!
If this was a liberal judge about something trump did, they would have made it a nationwide ban on enforcement.
This is better.
“...shall not be infringed...”
One down, a few million to go.
What about the other 499,999 owners?
In other news, all other bumpstock owners have had inexplicable cash windfalls, which some have theorized is due to their reduction of ammunition purchases...
How can a stay be issued that only applies to implementation/enforcement against a single individual? That is as unconstitutional as the bump stock ban...
Good observation.
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