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November 1st, 2019, 11:42 AM #1
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/
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November 1st, 2019, 11:51 AM #2
Re: Court Rules No Compensation for Companies Forced to Destroy 75,000 Bump Stocks
Taking Clause does not apply
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November 1st, 2019, 12:39 PM #3
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
Ce sac n'est pas un jouet.
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November 1st, 2019, 01:32 PM #4
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November 1st, 2019, 02:26 PM #5
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) ?
There are two kinds of guns. Those I have acquired, and those I hope to.
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November 1st, 2019, 03:49 PM #6
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November 1st, 2019, 06:09 PM #7Member
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November 2nd, 2019, 08:17 AM #8Super Member
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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
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November 2nd, 2019, 09:58 AM #9
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November 8th, 2019, 07:43 AM #10Grand Member
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Re: Court Rules No Compensation for Companies Forced to Destroy 75,000 Bump Stocks
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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