Supreme Court won't hear bump stock ban case

[EFK]

Where is that minister of truth when we need it? They should be fined when they disseminate false and misleading information.

He must not have a paypal account!

[Palerider]

Win for gun owners, 5th Circuit Court of Appeals in a 13-3 vote rules bump stocks do not meet definition of machine gun. Remember, this rule came from Trump*s ATF.

Hopefully this will also influence ATF to change their plans for a pistol brace to become a SBR.

https://twitter.com/fpcaction/status...srDAj9As9scqWw

https://www.thetruthaboutguns.com/5t...ump-stock-ban/

The decision doesn*t have an immediate effect on the ban though because the case now moves back to the lower court to decide how to proceed.

The case was somewhat unique because the issue involves not the Second Amendment but the interpretation of federal statutes. Opponents of the ban argued that bump stocks do not fall under the definition of illegal machine guns in federal law. The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives says they do, a position now being defended by the Biden administration.

*A plain reading of the statutory language, paired with close consideration of the mechanics of a semi-automatic firearm, reveals that a bump stock is excluded from the technical definition of *machinegun* set forth in the Gun Control Act and National Firearms Act,* Judge Jennifer Walker Elrod wrote in the lead majority opinion.

The court found that the definition of a machinegun * which is set out in two different federal statutes * *does not apply to bump stocks.*

[Walleye Hunter]

I'll bet that suddenly, SCOTUS will take up the bump-stock case.

[EFK]

They may, but I doubt it will be immediately. Folks on both sides of any issue get all worked up when SCOTUS refuses to take up this case or that case in an expedited manner but it seems to my non-legal mind that they prefer to let these issues bounce around in the lower courts for a while which is probably how it's supposed to work. Unfortunately the nutcases on the left have weaponized this like they've weaponized everything else and use it to tie different aspects of the Constitution up in knots for years. I guess SCOTUS likes to be the 'court of last resort.' Maybe a real lawyer has a different view.

[nra-life-member]

A win once in a while is a good thing!

[Emptymag]

Sounds more like kicking the ball further down the road vs through the goalposts.

[Spirit of 76]

Another monstrosity inimical to the inherent right to keep and bear arms --which is recognized by Amendment II -- brought to you by Precedent Conald Judas Trumpleone.

[bug]

Yes, he handled that one beautifully. Made it a non-issue with one stroke knowing full well it wouldn't meet constitutional muster. Bravo.

[Spirit of 76]

Yes, he handled that one beautifully. Made it a non-issue with one stroke knowing full well it wouldn't meet constitutional muster. Bravo.

Denial is not just a river in Egypt. Firstly, Trump would have no way to know how the courts would ultimately rule. Secondly, why set an unconstitutional precedent that other presidents are sure to mimic (and have), and which would force those harmed by the illegal move into constant court battles?

Only pretzel logic could construe that illegally banning a gun accessory by dictatorial, executive edict, and making non-compliant Americans into federal felons by the stroke of a pen is a good move.

Furthermore, when Trump espoused his affinity for red flag laws which violate due process, he said the following:

“Or, Mike, take the firearms first and then go to court, because that’s another system. Because a lot of times, by the time you go to court, it takes so long to go to court, to get the due process procedures. I like taking the guns early. Like in this crazy man’s case that just took place in Florida, he had a lot of firearms – they saw everything – to go to court would have taken a long time, so you could do exactly what you’re saying, but take the guns first, go through due process second.”

Given the historical record of Trump's actions -- as opposed to his flowery, 2A rhetoric at rallies -- in my view, believing the bump stock ban was a 4-D chess move by Trump to ultimately have the edict overturned is nothing more than cultic delusion.

[ExFlyinguy]

Summary as I understand it:

ATF won't appeal 5th circuit Cargill case, so as to prevent it from going to SCOTUS.