Posted on 10/26/2022 2:34:03 PM PDT by marktwain
On October 3, 2022, the Supreme Court denied a writ of certiorari to two promising bump stock cases, one in the Tenth Circuit, another in the Sixth Circuit. The appeals process for those two cases is finished.<
Another bump stock case Cargill v. Garland, is in the Fifth Circuit and may tip the balance. It’s being considered en banc and is a well-argued and supported case.
The case was filed on March 25, 2019, originally titled Cargill v. Barr.
In all three cases, the arguments are not about the Second Amendment. They are about the ability of bureaucrats to make law and the separation of powers between the legislative and executive branches of government.
In Cargill v. Garland, supported by the New Civil Liberties Alliance, the district court decided in favor of the government on November 23, 2020. The case was appealed to the Fifth Circuit, and a three-judge panel upheld the district court.
A three-judge panel issued an opinion on the case in the Fifth Circuit on December 14, 2022.
The three judge panel refused to consider either the separation of powers issues, or the Chevron doctrine, claiming they were irrelevant because the panel ruled bump stocks were machine guns.
The Fifth Circuit was asked to consider the case en banc, which is to say, before the entire court, by a member of the Court. A majority of the members of the Fifth Circuit agreed to hear the case, en banc.
The trend of the case follows the GOA case in the Sixth Circuit. The Sixth Circuit agreed to hear the bump stock case en banc. The Sixth Circuit split evenly, with eight members voting to rule the bump stock regulation invalid and eight-member voting to rule for the government.
(Excerpt) Read more at ammoland.com ...
These unelected bureaucrats perform as legislatures, executives, and even have their own courts, all controlled by the same bureaucracy.
The bureaucracies do not follow the dictates of the executive; they leglislature has ceded most control over them; and the courts have been willing to allow them to make enormous decisions for the nation...
This Supreme Court seems willing to say: Enough!
it’s a stupid case because bad guys will still use them.
Yes, it’s a stupid case, Prez DTJ erred banning them. However, you don’t seriously think bad guys will still use them?
Bump stocks are an item that requires practice to be able to fire rapidly and other than the Nevada crime, I challenge you to find another case in America where a bump stock was used in a murder or any crime for that matter.
I don’t believe you can.
Bkmk
Nobody even brings up the las vegas shooter anymore. Not even the dems. Weird.
trump effed up on the ban.
DJT banned them. It’s 4 d chess gun grabbing, just like 4 d chess lockdowns and operation warp vax. If he did it, why don’t we re elect him for more of that .. and how much spending.
From what I’ve read, the Vegas shooter had NFA registered guns (full auto, silencers, short barreled rifle/shotguns, etc) those can only be legally possessed by purchasing a $200.00 tax stamp for each NFA instrument. Those don’t fit the agenda.
I can’t count one vote for approving a device that effectively mimics a machine gun. Ain’t gonna happen.
They will use another case to slap down federal bureaucrats overreaching. There is no way they will ever decide everyone can own a machine gun, be it with or without bump stocks.
Moreover the legal argument that bureacrats changed their mind and now changed their interpretation is not a solid legal argument that any court will agree is flawed. The govt is entitled to change policy. It actually happens every r years now doesn’t it?
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