5th Circuit Rules ATF Did Not Have Authority to Regulate Bump Stocks. Another "Alphabet Agencies Cannot Rewrite The Law" WIN!
(www.foxnews.com)
🏆 - WINNING - 🏆
Comments (47)
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ATF really is a delusional organization.
I think the ATF may be exactly the same as the IRS, a non-governmental corporation that is a government subcontractor with a monopoly (no one else is allowed to bid on the government contract) who controls all actions taken under a specific jurisdiction.
In other words, I think the ATF is not in any way a part of the government, and is, just like the IRS, a subcontractor acting as federal law enforcement, who are really just hired mercenaries.
The IRS makes laws though, so why not the ATF? Perhaps this will lead to that. Once people learn what is "IRS Code" and what is "Federal Law" in the whole taxes thing, Shit will Hit The Fan.
Why do we need the ATF, AGAIN?
Alcohol, Tobacco, Firearms...shouldn't those be states rights issues and if any of it goes across states lines, fibs get involved!!!!!
Time to toss another fed agency overboard!!!
It should be the name of a popular convenience store chain.
Good news....... "Shall not be infringed" is wording that is concise and easy to understand, to which even tepid temperature intelligent people ought to understand. What's the problem then?
Yet they all ignore it anyway.
Wording does matter though. The ruling was that they acted without Congressional authorization.
It simply means next time they do it again with Congressional authorization and the cycle continues.
Congress doesn't have the power to override the Constitution, so justices should know that.
It is is true the ATF acted without congressional authorization. As you said, Congress does not necessarily have authorization either unless it's abides by the Constitution. Legislation of this kind has been very difficult to pass.... And again as you stated, even if it did pass and was signed by Brandon, it still faces legal challenges because it is contrary to the explicit words of the 2nd Amendment.
Congress cannot make an unconstitutional law that stands either.
Trump announced the bump stock thing in response to that incident in vegas.
I recall we were disappointed in Trump at the time.
In hindsight, i reckon Trump positioned the ATF as a chess piece. As a newbie president he gave the ATF enough rope to hang themselves.
If my hunch is correct, Q knew it would take years in court, which is plenty of time to 'arrange' for the case calendar to hit some deltas. IOW it doesnt require a secret military plan to make this kind of Q proof happen ( any barrister with a 'good' working relationship with the judge's associate could pick specific dates if they booked far enough ahead). Once ATF took the bait, the trap could be sprung by one lawyer working alone.
I wonder how many other similar traps were set? That we dont know about yet.
I'm hoping an praying there are plenty more traps waiting to be sprung... it certainly has been a fun first week of 2023!
Repeal Smith - Mundt act ?
Exactly this. Now the ATF has no chance of going after binary-triggers, or 3d printed lowers anytime soon - absent some newly passed atrocity of a law from Congress.
this is...strange
Everyone was so disappointed by the bumpstock
I think he was forced to make SOME move on guns and chose the smallest thing he could do.
I saw pictures of the arsenal he carried, they gave him every type of gun, every part, every piece of equipment, surveillance equipment in an attempt to blanket ban as much as possible.
There were even photos of a “California compliant AR-15” or whatever he dragged up there.
The thing looked like a neutered nerf gun, no stock, no barrel, no grips, with all those guns up there WHY did he need this ABSURD USELESS LOOKING CALIFORNIA COMPLIANT AR?
That thing looked like it couldn’t hit the side of a barn from a few feet away let alone provide any firepower or advantage from way up high.
WHY WAS THIS GUY DRAGGING SO MUCH USELESS EQUIPMENT UP TO HIS POSITION?
Could this bring Las Vegas shooting back into the news?
Just did a quick search.
Yep.
Ahh shucks... You mean Trump pushed the ATF into putting regulations in place without lawful backing that now not only threatens the ATF ability to create arbitrary regulation but other alphabet agencies?
That's just a damn shame.
I was thinking the same thing...
It's interesting because my 19yo son is VERY anti-Trump, and the bump stock ban is the primary reason. I keep telling him "5D chess", but he's too immature to look past "shall not be infringed".
A few of friends felt the same way. They just couldn't see the long game.
They just didn't see the path of how banning something stupid like bump stocks (which none of us even had) could lead to an entire collapse of unlawful actions by government agencies. And I believe that what this could lead to.
As much as I hate any new regulation at the time I didn't even know what bump stocks were and after reading into it they felt like a sacrificial lamb to appease the gun grabbers for a bit.
So, it being a "small thing" that "no one really used" is just the sort of tactic they love to probe with.
The deep state is exceedingly good at the slow boil method and that's why we shouldn't be yielding even a millimeter because they'll take the nearest interstate's length.
They wanted to ban every piece of equipment/gun type and usher in a metal detector surveillance state all at the same time.
Trump did good by throwing them the stupid bumpstock ban which shills love to harp on.
Stupid bumpstock could be made w a block of wood or a belt loop from what I’ve been told.
Same shit with ALL the alphabet agencies: the majority of their "rules and regulations" dont even cross a Congressmans desk which is a clear violation of Government.
EPA, ATF, CIA, FBI, IRS ...the list goes on.
Okay, so far so good. Next step: dissolve the ATF.
Concur!
So Binary Triggers fall under the same laws. 😯
I've looked into Binary Triggers, I think this might have been a better path for the military to pursue than the "3-round burst" stuff in lieu of full-auto in the M-16s/M-4s. Not sure of the history, or what was invented when, but binary triggers are a very interesting, and currently legal, alternative to full-auto fire.
Legal but ATF has shut down manufacturing and sales. They have come knocking if you bought one even after having given letters saying they’re legal. rare breed triggers is fighting this. enter text https://www.atf.gov/firearms/docs/open-letter/all-ffls-mar-2022-open-letter-forced-reset-triggers-frts/download
ATF needs to be prosecuted for breaking their oath to the constitution.
HURRAY!!!!!
I literally did a little happy dance!
Never wanted one before,are these worth buying?
I’d never use one, but shall not be infringed is pretty clear, IMO.
Only for range fun I suppose but not for self defense, as the entire rifle moves back and forth. It's essentially a very loose stock that slides back and forth with recoil and causes your finger to move off of the trigger, which simulates the automatic fire. But they also have a locking feature that turns them into your typical fixed stock for more accurate fire.
Really a dumb thing, and an even dumber thing to ban. I really doubt that's what the guy in Las Vegas was using, but to the average person that doesn't know squat about anything, they think it's some kind of a shoulder thing that goes up and turns the AR15 into an M249.
God, I loved the M249...
Hopefully when all the dust settles in a few years, the NFA will be repealed.
Well the "theory" is/was that an M249 was used in Vegas. That feels like ages ago.
Thanks that's about what I thought,I'm more of a fan of accurate fire myself.
Rapid accurate fire can be pretty cool, too. I'm just starting to get into that game.
No is a waste of ammo. Only a gimmick . But still shouldn't have been banned rubber band and thumb with belt loop produces same effect and accuracy
Bump stocks are stupid. You can make one with your belt loop. Binary Triggers are better.
I only like wasting ammo,for fun back when it was cheep.
All of this justice should be instant and not be rectified years later. It allows them to act with impunity in the present. It is flawed.
BU BU BU TRU TRU TRUMP
MUH MUH MUH
MUHHH BUMPSTOCKZZZZ
fuck yea
That article is poorly written and supported.... Anyone have the number of the Executive order referenced?
Ok here is Barr's role in it.. Still looking for the exec order.. https://www.federalregister.gov/documents/2019/03/14/2019-04799/bump-stock-type-devices
Full Text of Exec order stipulates Dedication to the Rule of Law:
Application of the Definition of Machinegun to “Bump Fire” Stocks and Other Similar Devices
Memorandum for the Attorney General
After the deadly mass murder in Las Vegas, Nevada, on October 1, 2017, I asked my Administration to fully review how the Bureau of Alcohol, Tobacco, Firearms and Explosives regulates bump fire stocks and similar devices.
Although the Obama Administration repeatedly concluded that particular bump stock type devices were lawful to purchase and possess, I sought further clarification of the law restricting fully automatic machineguns.
Accordingly, following established legal protocols, the Department of Justice started the process of promulgating a Federal regulation interpreting the definition of “machinegun” under Federal law to clarify whether certain bump stock type devices should be illegal. The Advanced Notice of Proposed Rulemaking was published in the Federal Register on December 26, 2017. Public comment concluded on January 25, 2018, with the Department of Justice receiving over 100,000 comments.
Today, I am directing the Department of Justice to dedicate all available resources to complete the review of the comments received, and, as expeditiously as possible, to propose for notice and comment a rule banning all devices that turn legal weapons into machineguns.
Although I desire swift and decisive action, I remain committed to the rule of law and to the procedures the law prescribes. Doing this the right way will ensure that the resulting regulation is workable and effective and leaves no loopholes for criminals to exploit. I would ask that you keep me regularly apprised of your progress.
(https://www.federalregister.gov/documents/2018/02/23/2018-03868/application-of-the-definition-of-machinegun-to-bump-fire-stocks-and-other-similar-devices)