Appeals Court Blocks Ban on Bump Stocks.

[JBP55]

US appeals court blocks ban on rapid-fire 'bump stocks'

 

[machinedrummer]

I see many drowning victims trying to retrieve them since a magnet and a string won’t do it. Tomorrow another judge will overturn the overturn….and so on and so on…

 

[Magdump]

I see many drowning victims trying to retrieve them since a magnet and a string won’t do it. Tomorrow another judge will overturn the overturn….and so on and so on…

So what you’re saying is, don’t pull them out of the closet just yet? LOL

 

[machinedrummer]

Obviously the rate of fire and capacity restrictions hasn’t slowed down the crime. Maybe they need to focus on aiming devices to decrease the hits. Remember it’s all just pieces of plastic, metal and glass. They aren’t coming after the guns so quit worrying about losing “rights”. Can of pepper spray, whistle, and a call to 911. Problem solved.

 

[krotsman]

I see many drowning victims trying to retrieve them since a magnet and a string won’t do it. Tomorrow another judge will overturn the overturn….and so on and so on…

Not a lawyer, but I don't think so. After US Court of Appeals, I believe the Administration will have to take it to SCOTUS if they want to keep the ban in place. And if they frame it as governmental overreach, it has a pretty good chance of being struck down since SCOTUS handed down the other ruling smacking govt overreach, last year, I'd think.

 

[machinedrummer]

Didn’t the SCOTUS decline the case a few months ago? Would this force them to make a ruling and no longer ignore it?

 

[krotsman]

Didn’t the SCOTUS decline the case a few months ago? Would this force them to make a ruling and no longer ignore it?

That was about compensating owners for their loss when destroying the prohibited item, not necessarily about the standing of the ban. The framing of the case often makes all the difference of on whether it will be heard or not.

 

[machinedrummer]

Even if this is a small victory through the SCOTUS congress will act and pass a bill into law to make sure we never regain a right that has been lost. RINOS will do cartwheels across the floor to join in the fight against the 2A. Bumpy things are just the beginning. It’s a long game.

 

[XD-GEM]

Not a lawyer, but I don't think so. After US Court of Appeals, I believe the Administration will have to take it to SCOTUS if they want to keep the ban in place. And if they frame it as governmental overreach, it has a pretty good chance of being struck down since SCOTUS handed down the other ruling smacking govt overreach, last year, I'd think.

Usually, a Federal Appeals Court ruling is only applicable in the Circuit that decided it. Here this is the 5th Circuit. However, they sent it back to the lower court to reconsider what to do next.

There have been a few other similar rulings around the country (Pacific Legal Foundation has been very aggressive against several such things) against federal agencies for the way they handle their "rule-making" authority. The courts seem to be swinging to a belief that Congress has to make the rules or more precisely define what discretion the agency might have.

 

[machinedrummer]

I could see a new definition of a machine gun having more to do with rate of fire vs mechanics. Speed limits come to mind. That would give them the ability to ban just about everything since that’s what their mission is anyway. Dunno