Machine gun ban unconstitutional perhaps, says Kansas judge

But this is just a small district court. Does it hold any weight when applied on higher courts?
 
It's a federal district court, which means that right for now this one defendant has had one charge dismissed. The DOJ will no doubt appeal this district to the federal Circuit Court of Appeals which the district is within in. In this case the appeal will go to the 10th Circuit Court of Appeals (10CA) and be heard there.
 
Yep Yes GIF by C H A R L Ɩ T T E
 
It's a federal district court, which means that right for now this one defendant has had one charge dismissed. The DOJ will no doubt appeal this district to the federal Circuit Court of Appeals which the district is within in. In this case the appeal will go to the 10th Circuit Court of Appeals (10CA) and be heard there.
Wait, isnā€™t that the very definition of double jeopardy? I didnā€™t read the article or course, but if a dude is found not guilty, since when can the state appeal?
 
Wait, isnā€™t that the very definition of double jeopardy? I didnā€™t read the article or course, but if a dude is found not guilty, since when can the state appeal?
I believe double Jeopardy you can't be tried for the same crime twice, He was never tried for the crime, the charge was dismissed without prejudice and can be brought back
 
It's a federal district court, which means that right for now this one defendant has had one charge dismissed. The DOJ will no doubt appeal this district to the federal Circuit Court of Appeals which the district is within in. In this case the appeal will go to the 10th Circuit Court of Appeals (10CA) and be heard there.

Since it has to do with a federal law and not state law, would a circuit decision be applicable to the whole country (until/unless picked up by SCOTUS)?

lol ive been eyeballing an frt, better than an MG

Theyā€™re fun, but you canā€™t buy them right now. The company is in the middle of a different lawsuit (I believe with Big Daddy Unlimited since they ripped off FRT). And the court blocked them from any sales until itā€™s settled. There are several scam websites pretending to sell FRTs, so be careful.

But, there are I think a couple similar options. There was a three position version available at some point, but Iā€™m not sure if it still is. You can also 3D print a ā€œSuper Safetyā€ using Hoffman tacticalā€™s design.
 
The concept that "not everyone has a machine gun" is completely ruined by the proliferation of Glock switches. I would even argue that they are in common use now due to that proliferation. I do note how the ATF realizes they are powerless to stop them, but then will go hard after the FRT.
 
District decisions are only binding in the district. Circuit decisions are only binding in the Circuit. If two Circuits decide similar or identical cases differently, that sets up a Circuit split. That's when a case is most often going to be accepted by the Supreme Court. Their decision is binding across the US and territories.

When President Trump was in office, Democrat appointed judges started issuing "nationwide" injunctions which was not AFAIK done previously. Since Biden has wandered into the WH, Republican appointed judges have started doing it too. I still don't like it, but the Democrats like it even less, so I'll live with it.

Since it has to do with a federal law and not state law, would a circuit decision be applicable to the whole country (until/unless picked up by SCOTUS)?
 
ā€¦ If two Circuits decide similar or identical cases differently, that sets up a Circuit split. That's when a case is most often going to be accepted by the Supreme Court. Their decision is binding across the US and territories.

When President Trump was in office, Democrat appointed judges started issuing "nationwide" injunctions which was not AFAIK done previously. Since Biden has wandered into the WH, Republican appointed judges have started doing it too. I still don't like it, but the Democrats like it even less, so I'll live with it.

I thought the circuit split thing was for state laws that were sufficiently similar. I guess Iā€™m wrong, but Iā€™m still confused based on other cases:

In Mock v Garland, a circuit court just vacated the ATF pistol brace rule nationwide. It wasnā€™t an injunction, but a final ruling.
 
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Wait, isnā€™t that the very definition of double jeopardy? I didnā€™t read the article or course, but if a dude is found not guilty, since when can the state appeal?
Charged dismissed, no not guilty finding. Also you can be charged for the same crime - sort of - twice. Potentially state and federal if they get involved.
 
It's a federal district court, which means that right for now this one defendant has had one charge dismissed. The DOJ will no doubt appeal this district to the federal Circuit Court of Appeals which the district is within in. In this case the appeal will go to the 10th Circuit Court of Appeals (10CA) and be heard there.
Interesting that the Appeals Court may be stuck with the record made by the USA in the District Court though.
 
District decisions are only binding in the district. Circuit decisions are only binding in the Circuit. If two Circuits decide similar or identical cases differently, that sets up a Circuit split. That's when a case is most often going to be accepted by the Supreme Court. Their decision is binding across the US and territories.
A circuit split does not automatically mean that SCOTUS will grant cert. With MG's being the 3rd rail of the 2nd Amendment, I see SCOTUS allowing splits to stay the status quo for Machine Gun challenges as it's politically expedient for them to do so.
 
The concept that "not everyone has a machine gun" is completely ruined by the proliferation of Glock switches. I would even argue that they are in common use now due to that proliferation. I do note how the ATF realizes they are powerless to stop them, but then will go hard after the FRT.
I always chuckle to myself about switches.

The government can have full auto. The gangbangers have switches and get charges dropped if they get caught.

I am here paying taxes, so both groups can raise a family, worried about pinning my collapsible stock (it is pinned Maura).

I am a fool.
 
I didn't say it automatically meant that SCOTUS would grant cert. It makes it more likely, but only the Justice know what they will do with any particular case.

A circuit split does not automatically mean that SCOTUS will grant cert. With MG's being the 3rd rail of the 2nd Amendment, I see SCOTUS allowing splits to stay the status quo for Machine Gun challenges as it's politically expedient for them to do so.
 
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