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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 ...
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.
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.
👍
We don’t hear about the 9th circuit anymore so we’re doing something right.
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!
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.
Ping.
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.
Exactly how many bump stocks are/have been sold?
ATF estimates 520,000 people own bumpstocks. Hmmmm
I barely graduated from high school and I knew the minute Trump suggested the ban that it was unconstitutional. I shoulda been a judge.
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.
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.
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.)
AMEN to THAT! This is great news!
P.S. We HAVE an 'Instruction Manual' if any of 'our betters' would care to READ it:'
Personally, I’m applying this decision to my tac triggers...
Same concept...IMHO...
Curious about braces as well, I have one.
“Don’t ask, don’t tell.”
Bkmk
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