Pennsylvania Firearm Owners Association
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  1. #11
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    Default Re: GOA Alert: VICTORY: COURT RULES A BUMP STOCK IS NOT A MACHINE GUN

    Quote Originally Posted by Justin///M View Post
    Someone clarify. Are they legal yet?
    According to this ammoland article they are still banned but this is a step in the right direction.

    https://www.ammoland.com/2021/03/six...-machine-guns/

    Bump stocks are still banned.

    The panel of judges from the Sixth Circuit Court sent the case back to the District Court to decide how widespread any injunction against the ban should be, but since different circuits have different rulings on the subjects any injunction will only be for Kentucky, Michigan, Ohio, and Tennessee.

    The Sixth Circuit Court denied the ATF Chevron deference. Chevron deference defers to a federal agency*s interpretation of an ambiguous or unclear statute. The government argued that since the regulation wasn*t clear, the ATF could determine what is and isn*t a machine gun.

    The Sixth Circuit Court ruled, *Chevron deference does not apply to agency interpretation of criminal statute thus the court does not need to decide whether agency can waive Chevron deference, therefore, the court must determine BEST MEANING of the statute*

    The government could file for an en banc review of the case, or the government could appeal to the Supreme Court of the United States of America. An en banc review means every Sixth Circuit judge will get a say in the case. This victory is the first victory that gun rights advocates had in defending bump stocks.

    Other legal challenges have failed in other Circuit Courts and have been unable to get an injunction against the ban. The DC Circuit Court of Appeals ruled against a challenge to the bump stock ban.

    In a week where the White House and anti-gun politicians have attacked gun rights, this is has been a welcome surprise for gun owners from the courts.

    Gun Owners of America celebrated the victory. GOA Senior Vice President Erich Pratt insinuated that the battle isn*t over, but this is the first step towards complete and total victory.

    *Today*s court decision is great news, and told gun owners what they already knew,* said GOA Senior Vice President Erich Pratt. *We are glad the judges finally applied the statute accurately and struck down the ATF*s illegal overreach and infringement of gun owners* rights.*

    The Federal Government has not responded at the time of this writing. The Circuit Court split means it is more likely that the Supreme Court will take up the case.
    I hope criminals with ghost guns shoot you and your family. (Abner13 in deleted thread)

  2. #12
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    Default Re: GOA Alert: VICTORY: COURT RULES A BUMP STOCK IS NOT A MACHINE GUN

    Good news.
    Life has a melody. Don't wrestle with pigs, don't argue with idiots.

  3. #13
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    Default Re: GOA Alert: VICTORY: COURT RULES A BUMP STOCK IS NOT A MACHINE GUN

    Can the SCOTUS continue to ignore this with division among the circuits?
    Life has a melody. Don't wrestle with pigs, don't argue with idiots.

  4. #14
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    Default Re: GOA Alert: VICTORY: COURT RULES A BUMP STOCK IS NOT A MACHINE GUN

    Quote Originally Posted by Justin///M View Post
    Can the SCOTUS continue to ignore this with division among the circuits?
    With the recent shootings and political environment...my gut check says yes, they will ignore it.
    It is a step in the right direction, good looking out GOA. This only reinforces my choice to become a life member.

  5. #15
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    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: GOA Alert: VICTORY: COURT RULES A BUMP STOCK IS NOT A MACHINE GUN

    Quote Originally Posted by Justin///M View Post
    Yep an it appears it would be only for the 6th circuit.
    Agreed.

    That said, I get the organizational efficiency of dividing the country up into districts for purposes of assigning cases, but since these are federal courts, you'd think their decisions would apply nationwide, just as they do if they eventually come before SCOTUS.

    Are there any known instances where something is legal in one part of the country, but not another, as a result of conflicting decisions in different districts?
    Get your "Guns Save Lives" stickers today! PM for more info.

  6. #16
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    Philly Burbs, Pennsylvania
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    Default Re: GOA Alert: VICTORY: COURT RULES A BUMP STOCK IS NOT A MACHINE GUN

    Requesting a PM for when and where I can buy one

  7. #17
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    Jul 2013
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    Allentown, Pennsylvania
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    Default Re: GOA Alert: VICTORY: COURT RULES A BUMP STOCK IS NOT A MACHINE GUN

    --ET

  8. #18
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    Default Re: GOA Alert: VICTORY: COURT RULES A BUMP STOCK IS NOT A MACHINE GUN

    Here's the bad news, in my opinion:

    Trump told ATF to ban bump stocks, which ATF did.

    That took the Vegas-generated wind out of the Democrats' sails, so they couldn't pass a law banning them, or tacking on to such a bill extra provisions like mandatory NICS checks and federal gun registration.

    Then the Dems stole the govt.

    This court ruled only that the bump stock ban exceeded ATF's authority, the court did NOT rule that bump stocks are protected by the 2nd Amendment against being banned.

    So, if this goes national (a few steps along), or even if it becomes the law in just the 6th Circuit . . . who can tell me what will be the immediate response by the fascist anti-gun Dems who control the House, Senate and Oval Office? (No extra credit for this, the answer is too obvious).
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    There's merit to carrying your backup mag in a backup gun.

  9. #19
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    Default Re: GOA Alert: VICTORY: COURT RULES A BUMP STOCK IS NOT A MACHINE GUN

    Quote Originally Posted by GunLawyer001 View Post
    Here's the bad news, in my opinion:

    Trump told ATF to ban bump stocks, which ATF did.

    That took the Vegas-generated wind out of the Democrats' sails, so they couldn't pass a law banning them, or tacking on to such a bill extra provisions like mandatory NICS checks and federal gun registration.

    Then the Dems stole the govt.

    This court ruled only that the bump stock ban exceeded ATF's authority, the court did NOT rule that bump stocks are protected by the 2nd Amendment against being banned.

    So, if this goes national (a few steps along), or even if it becomes the law in just the 6th Circuit . . . who can tell me what will be the immediate response by the fascist anti-gun Dems who control the House, Senate and Oval Office? (No extra credit for this, the answer is too obvious).
    Yep, and they said just that.


    "Congress could amend the statute tomorrow to criminalize bump-stock ownership, if it so
    wished; indeed, some states have done just that."
    Life has a melody. Don't wrestle with pigs, don't argue with idiots.

  10. #20
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    Default Re: GOA Alert: VICTORY: COURT RULES A BUMP STOCK IS NOT A MACHINE GUN

    BREAKING: Bump Stock Case Victory!!!
    --ET

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