Pennsylvania Firearm Owners Association
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  1. #1
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    Default Court Rules No Compensation for Companies Forced to Destroy 75,000 Bump Stocks

    Excerpt:

    "Loren A Smith, a senior circuit judge for a federal court in Washington, D.C., dismissed the suit, arguing that because the ATF was exercising its “police powers” in its bump stock decision, the Fifth Amendment’s Taking Clause does not apply."

    https://www.gunsamerica.com/digest/c...0-bump-stocks/

  2. #2
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    Default Re: Court Rules No Compensation for Companies Forced to Destroy 75,000 Bump Stocks

    Taking Clause does not apply
    How? They took them under threat of imprisonment or worse. The government literally robbed those people/companies.

  3. #3
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    Default Re: Court Rules No Compensation for Companies Forced to Destroy 75,000 Bump Stocks

    That's fascinating, because the Constitution doesn't give any police powers to the Feds.

    The States have inherent police powers, but they never delegated any of them to the Congress. Which is why the 1934 NFA was a "taxing power" law, and the 1968 GCA was a "commerce clause" law.

    To this day, every criminal law by the Feds has to state a nexus to the Commerce Clause, or be invalid.

    https://en.wikipedia.org/wiki/United_States_v._Lopez

    How does one become a Federal judge without knowing this?
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Free seminar 7/18/19 in Quakertown: https://www.senatormensch.com/concealed-carry-seminar/

  4. #4
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    Default Re: Court Rules No Compensation for Companies Forced to Destroy 75,000 Bump Stocks

    Quote Originally Posted by GunLawyer001 View Post
    That's fascinating, because the Constitution doesn't give any police powers to the Feds.

    The States have inherent police powers, but they never delegated any of them to the Congress. Which is why the 1934 NFA was a "taxing power" law, and the 1968 GCA was a "commerce clause" law.

    To this day, every criminal law by the Feds has to state a nexus to the Commerce Clause, or be invalid.

    https://en.wikipedia.org/wiki/United_States_v._Lopez

    How does one become a Federal judge without knowing this?
    Could her choice words open up a can of worms?

  5. #5
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    Default Re: Court Rules No Compensation for Companies Forced to Destroy 75,000 Bump Stocks

    How come the supreme court ruling doesn't effect 32 CFR § 553.33 - Visitors rules for Army National Military (cemeteries) ?
    Legislating to prevent people's acts is fantasy

  6. #6
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    Default Re: Court Rules No Compensation for Companies Forced to Destroy 75,000 Bump Stocks

    Quote Originally Posted by GunLawyer001 View Post
    That's fascinating, because the Constitution doesn't give any police powers to the Feds.

    The States have inherent police powers, but they never delegated any of them to the Congress. Which is why the 1934 NFA was a "taxing power" law, and the 1968 GCA was a "commerce clause" law.

    To this day, every criminal law by the Feds has to state a nexus to the Commerce Clause, or be invalid.

    https://en.wikipedia.org/wiki/United_States_v._Lopez

    How does one become a Federal judge without knowing this?
    Knee pads help!

  7. #7
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    Default Re: Court Rules No Compensation for Companies Forced to Destroy 75,000 Bump Stocks

    Quote Originally Posted by GunLawyer001 View Post
    That's fascinating, because the Constitution doesn't give any police powers to the Feds.

    The States have inherent police powers, but they never delegated any of them to the Congress. Which is why the 1934 NFA was a "taxing power" law, and the 1968 GCA was a "commerce clause" law.

    To this day, every criminal law by the Feds has to state a nexus to the Commerce Clause, or be invalid.

    https://en.wikipedia.org/wiki/United_States_v._Lopez

    How does one become a Federal judge without knowing this?
    apparently it's pretty easy.
    but let's not allow the constitution to restrict judges.
    Firearms have only two enemies, rust and politicians.

  8. #8
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    Default Re: Court Rules No Compensation for Companies Forced to Destroy 75,000 Bump Stocks

    He is a Reagan appointee, interesting...

    https://www.acus.gov/contacts/loren-smith


    Loren A. Smith
    Senior Fellow

    Loren A. Smith, a senior judge on the U.S. Court of Federal Claims, is a distinguished adjunct professor of law. He was appointed to the bench on July 11, 1985, and was designated chief judge on January 14, 1986. After serving 15 years as chief judge, Smith took senior status on July 11, 2000. Smith formerly served as chairman of the Administrative Conference of the United States (1981-1985), during which time he was also a member of the president’s Cabinet Councils on Legal Policy and on Management and Administration. He also served as the chairman of the Council of Independent Regulatory Agencies. Smith was deputy director of the Executive Branch Management Office of Presidential Transition (1980-1981); chief counsel, Reagan for President campaigns (1976 and 1980); professor of law, Delaware Law School (1976-1984); special assistant U.S. attorney for the District of Columbia (1974-1975); assistant to the special counsel to the president (1973-1974); general attorney, Federal Communications Commission (1973); and consultant, Sidley & Austin, Chicago (1972-1973). Judge Smith is the author of numerous articles, including “The Aging of Administrative Law: The Administrative Conference Reaches Early Retirement,” Arizona State Law Journal, 1998; “Renovation of an Old Court,” Federal Bar News and Journal, September 1993; and “A Spring Thaw in Estonia,” Washington Times, April 11, 1992.

    Smith has taught as an adjunct professor of law at the Washington College of Law, American University; the Georgetown University Law Center; and the Columbus School of Law of The Catholic University of America.

    Smith earned his B.A. (1966) and J.D. (1969) from Northwestern University.
    Experience

    Senior Judge, U.S. Court of Federal Claims
    Senior Fellow (1985-1995), Administrative Conference of the United States
    Chairman (1981-1985), Administrative Conference of the United States

    Education

    1966, B.A., Northwestern University
    1969, J.D., Northwestern University

  9. #9
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    Default Re: Court Rules No Compensation for Companies Forced to Destroy 75,000 Bump Stocks

    Quote Originally Posted by Fortytwo View Post
    He is a Reagan appointee, interesting...

    https://www.acus.gov/contacts/loren-smith
    Statist, Government Firsters come in all flavors.

  10. #10
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    Default Re: Court Rules No Compensation for Companies Forced to Destroy 75,000 Bump Stocks

    Quote Originally Posted by GunLawyer001 View Post
    That's fascinating, because the Constitution doesn't give any police powers to the Feds.

    The States have inherent police powers, but they never delegated any of them to the Congress. Which is why the 1934 NFA was a "taxing power" law, and the 1968 GCA was a "commerce clause" law.

    To this day, every criminal law by the Feds has to state a nexus to the Commerce Clause, or be invalid.

    https://en.wikipedia.org/wiki/United_States_v._Lopez

    How does one become a Federal judge without knowing this?
    Seems like these buzzards figure "We'll break the law... the Courts will support us".


    Look at Peduto and his violation of Pennsylvania Pre-emption law. He is confident that the stooges on the PA Supreme Court will endorse his crap. Break the law, whatever - we say what is legal, not the Constitution.


    These people fail to observe something - if anything goes anything will go. Today they're breaking the Rule of Law for the sake of their whims.

    Tomorrow someone is is breaking the Rule of Law for the sake of power.

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