Re: Bump Stocks Not Machine Guns, Military Court rules
Quote:
Originally Posted by
USMC3531
I doubt anyone gets 10yr on the charge. Wasn't there just a felon caught with drugs 4 unregistered silencers and 2 illegal machineguns and he got 30months... I guess this helps us as being favorable case law to bolster that whatever circuit Court said bumpstocks aren't machine guns.
Different sentencing guidelines for race and political party affiliation.
Re: Bump Stocks Not Machine Guns, Military Court rules
Quote:
Originally Posted by
RockIsland
Different sentencing guidelines for race and political party affiliation.
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Re: Bump Stocks Not Machine Guns, Military Court rules
Quote:
Originally Posted by
Daycrawler
The 64 million dollar question is, does the military court, over ride the A.T.F.? I would like to say yes, however I doubt it. Why yes? Because I like their answer to the problem. Bet your bottom dollar that the ATF will come out with a new ruling clarifying, their stance on the matter. Hell they may even try an prosecute the guy themselves, outside of military court.
If this decision stands then in this criminal case at this time (and other such cases in the Naval-Marine Justice System), yes! In another 'justice system' then maybe not. In another system, this case is persuasive precedent but is not binding on other courts. As for this case, the Double Jeopardy Clause would bar a successive prosecution in a civilian Federal court for the same alledged misdeed that was prosecuted in a military Federal court.
Re: Bump Stocks Not Machine Guns, Military Court rules
Quote:
Originally Posted by
Daycrawler
The 64 million dollar question is, does the military court, over ride the A.T.F.? I would like to say yes, however I doubt it. Why yes? Because I like their answer to the problem. Bet your bottom dollar that the ATF will come out with a new ruling clarifying, their stance on the matter. Hell they may even try an prosecute the guy themselves, outside of military court.
The ATF doesn't choose to prosecute or not. That would be up to a US Attorney.
Re: Bump Stocks Not Machine Guns, Military Court rules
Quote:
Originally Posted by
Mosinshooter762
If this decision stands then in this criminal case at this time (and other such cases in the Naval-Marine Justice System), yes! In another 'justice system' then maybe not. In another system, this case is persuasive precedent but is not binding on other courts. As for this case, the Double Jeopardy Clause would bar a successive prosecution in a civilian Federal court for the same alledged misdeed that was prosecuted in a military Federal court.
Not if he was charged for a breach of military law and there is a similar/ identical civilian charge.
Then you can get both.
Re: Bump Stocks Not Machine Guns, Military Court rules