3/25/2021. BREAKING: 6th Circuit Court of Appeals Rules Bump Stocks are Not Machine Guns

[dcmdon]

JPK,

I was at Shot and spoke to highly ranking ATF person during the Obama admin. He told me that there was NOTHING they could do without legislative action to deal with bump stocks. He knew the law. So did Obama. To suggest that the ATF didn't act primarily at the direction of Trump and against their long held legal standards is laughable.

Its like you are reading from a 10th grade civics textbook.

 

[MGnoob]

So should I plastic weld my bump stock back together?

The reason the whole bump stock issue is so ridiculous is the ATF let it go on way too long to then claim it’s not legal. It’s not like the ATF didn’t know bump stocks existed..

More people get killed by bayonets then by bump stocks. I just can’t believe the actions of one a**h*** can affect 350 Americans....It’s not like there’s anything special about this guy.f***ing degenerate

 

[MGnoob]

It’s the same thing with ghost guns. They’re trying to illegalize a block of aluminum...

 

[dcmdon]

So should I plastic weld my bump stock back together?

The reason the whole bump stock issue is so ridiculous is the ATF let it go on way too long to then claim it’s not legal. It’s not like the ATF didn’t know bump stocks existed..

More people get killed by bayonets then by bump stocks. I just can’t believe the actions of one a**h*** can affect 350 Americans....It’s not like there’s anything special about this guy.f***ing degenerate

They didn't just "let it go". They sent the manufacturer and inventor a letter from their tech group EXPLICITLY telling the company (slide fire) that the stock was legal. and was not a MG.

 

[Reptile]

Bump Stocks are NOT Machine Guns - 6th Circuit Vacates GOA v. Garland

A three-judge panel of the 6th Circuit court of appeals has released a court order that vacates the previous judgement of GOA v. Garland.

www.thefirearmblog.com

 

[Parker Schreiber]

To be clear, the 6th circuit will rehear the case en banc, so the ruling tossing out the ban has, in turn, been tossed out. This is not a win for bump stocks.


View: https://www.scribd.com/document/513008647/En-Banc-GOA-v-Garland

 

[KBCraig]

To be clear, the 6th circuit will rehear the case en banc, so the ruling tossing out the ban has, in turn, been tossed out. This is not a win for bump stocks.


View: https://www.scribd.com/document/513008647/En-Banc-GOA-v-Garland

Exactly. This vacates the previous ruling, pending an en banc ruling.

 

[MaverickNH]

En Banc Sixth Circuit Splits 8-8 Over Bump Stock Ban

The district court decision upholding the ATF's conclusion that bump stocks constitute unlawful "machine guns" is upheld by an equally divided court.

reason.com

"By continuously firing at rapid speeds with one activation of the trigger, machine guns can inflict great harm in short periods. And no doubt many people believe that rifles equipped with bump stocks share the same dangerous traits that led Congress to ban machine guns. Bump-Stock Rule, 83 Fed. Reg. at 66,520. So even though these newer devices might not fall "within the letter" of the statutory "machinegun" ban, courts may be tempted to treat them as covered anyway because they fall within its underlying "spirit." Holy Trinity Church v. United States, 143 U.S. 457, 459 (1892)."

"Spirit" seems to mean "and other stuff like that." When administrative government bureaucracies make rules, they can change their minds about the rules and later say, we meant stuff like that too.

 

[LittleCalm]

En Banc Sixth Circuit Splits 8-8 Over Bump Stock Ban

The district court decision upholding the ATF's conclusion that bump stocks constitute unlawful "machine guns" is upheld by an equally divided court.

reason.com

"By continuously firing at rapid speeds with one activation of the trigger, machine guns can inflict great harm in short periods. And no doubt many people believe that rifles equipped with bump stocks share the same dangerous traits that led Congress to ban machine guns. Bump-Stock Rule, 83 Fed. Reg. at 66,520. So even though these newer devices might not fall "within the letter" of the statutory "machinegun" ban, courts may be tempted to treat them as covered anyway because they fall within its underlying "spirit." Holy Trinity Church v. United States, 143 U.S. 457, 459 (1892)."

"Spirit" seems to mean "and other stuff like that." When administrative government bureaucracies make rules, they can change their minds about the rules and later say, we meant stuff like that too.

Agreed. Regardless of how you feel about bump stocks, this is just plain bad jurisprudence. Courts don’t address “spirit”. Either the law so provides or it doesn’t. If the latter, then it is the legislature’s domain to address the matter. So this decision is classic activism from the bench that no one should tolerate. Of course, SCOTUS won’t take the case because it’s 2A and bad jurisprudence will be allowed to stand.

 

[weekendracer]

Agreed. Regardless of how you feel about bump stocks, this is just plain bad jurisprudence. Courts don’t address “spirit”. Either the law so provides or it doesn’t. If the latter, then it is the legislature’s domain to address the matter. So this decision is classic activism from the bench that no one should tolerate. Of course, SCOTUS won’t take the case because it’s 2A and bad jurisprudence will be allowed to stand.

And RINO's get to sleep soundly, as long as they don't actually have to vote against the 2A because it's regulated by obscure agencies using partial readings of law to enforce.

 

[Parker Schreiber]

"By continuously firing at rapid speeds with one activation of the trigger, machine guns can inflict great harm in short periods. And no doubt many people believe that rifles equipped with bump stocks share the same dangerous traits that led Congress to ban machine guns. Bump-Stock Rule, 83 Fed. Reg. at 66,520. So even though these newer devices might not fall "within the letter" of the statutory "machinegun" ban, courts may be tempted to treat them as covered anyway because they fall within its underlying "spirit." Holy Trinity Church v. United States, 143 U.S. 457, 459 (1892)."

"Spirit" seems to mean "and other stuff like that." When administrative government bureaucracies make rules, they can change their minds about the rules and later say, we meant stuff like that too.

That "spirit" language comes from a dissent in the case. Quoting later in the paragraph:

In our country, however, the judiciary has long had a narrower duty: “to apply, not amend, the work of the People’s representatives.” Henson v. Santander Consumer USA Inc., 137 S. Ct. 1718, 1726 (2017). This duty leaves the policy debate over whether to ban bump stocks where it belongs—with the legislative branch accountable to the people. And since that branch has not seen fit to ban bump stocks or give a federal agency the power to do so, I must respectfully dissent from our judgment affirming the district court’s decision in this case.​

Full decision here: https://www.courthousenews.com/wp-content/uploads/2021/12/bump-stocks-en-banc-ca6.pdf

 

[Palladin]

so where is the case at re: bump stocks? is Scotus going to hear the case?

 

[Fixxah]

so where is the case at re: bump stocks? is Scotus going to hear the case?

They are not machinists.

 

[Parker Schreiber]

so where is the case at re: bump stocks? is Scotus going to hear the case?

A petition for cert was filed just 3 weeks ago. The Justice Department has until April 7th to respond. My guess is that the petition for cert will be denied until there's a conflict in the circuits.

Gun Owners of America, Inc. v. Garland - SCOTUSblog

Independent News and Analysis on the U.S. Supreme Court

www.scotusblog.com

 

[Zappa]

This duty leaves the policy debate over whether to ban bump stocks where it belongs—with the legislative branch accountable to the people.

When was the last time the legislative branch was actually "accountable to the people" ???

 

[Rob Boudrie]

I found the shovel but where did I put those GPS coordinates?

This could present a problem if you have Borised the shovel.

 

[426wedge]

I'll need to get the boat out and start dredging the lake

Too late, I already got them. Be more discreet next time.... I left the SKS on the bottom..

 

[dhuze]

It has looked like Comm2A was not interested in that battle.

Neither was the NRA. They said they didn't care about bump fire stocks.