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Posts Tagged machine guns
Court Rules Bump Stocks Are Not Machine Guns
From Guns.com:
The Circuit, which controls Kentucky, Michigan, Ohio, and Tennessee, handed down a 60-page opinion in the case of Gun Owners of America, Inc. v. Merrick B. Garland this week. The crux of the issue to the court was that the ATF – effectively part of the executive branch of government – enforces laws rather than makes them, with that authority reserved for the people acting through their elected representatives in Congress.
“Congress could amend the statute tomorrow to criminalize bump-stock ownership, if it so wished,” said Judge Alice M. Batchelder for the majority, which was joined by Judge Eric E. Murphy. “But as judges, we cannot amend [the statute]. And neither can ATF. This is because the separation of powers requires that any legislation pass through the legislature, no matter how well-intentioned or widely supported the policy might be.”
Gun Banners Want To Restrict Rifles Like Machine Guns
From The New Republic:
Could shooting ranges be the future of Bushmasters, of SKS rifles and AR-15s and AR-10s? It seems the thought experiment we need in Second Amendment debates, where pro-gun advocates warn that federal ownership registries and licensing are the sine qua non of government tyranny. Yet the United States has successfully depleted the supply of machine guns, as well as the ease and attractiveness of their use by criminals, with exactly these measures: a gun database and a thoroughgoing application process. (That said, the left should be as wary as libertarians—perhaps more so these days—of the potential risks that gun registries run as a tool of discrimination and harassment; one need not sympathize, as some on the gun right do, with David Koresh and the Branch Davidians to acknowledge that the ATF has abused its oversight powers before.)
Trump Appointed Judges Slam Bump Stock Rule
From Reason:
Gorsuch just got some company. This week, Judge Brantley Starr, a Trump appointee who sits on the U.S. District Court for the Northern District of Texas, issued an opinion in Lane v. United States that basically accused the Justice Department of ignoring basic principles of constitutional governance in its defense of the Trump administration’s bump stock ban.
Judge Dismisses Compensation Lawsuit For Bump Stocks
A federal claims court this week dismissed a lawsuit from bump stock owners that had alleged the U.S. government was improperly forcing them to destroy their devices without compensation.
Bump stock owners filed the $500,000 lawsuit in March, after a federal reclassification of bump stocks as machine guns effectively outlawed their possession. The reclassification was prompted by the October 2017 mass shooting in Las Vegas.
Gun Laws America REALLY Needs
From The Federalist:
For various reasons, perhaps including his waffling on guns, it is not certain that Trump will be reelected in 2020. But if he stops listening to members of his family who support gun control, if the Republican Senate quashes Democrats’ gun schemes, if Trump is reelected, if the Republicans hold the Senate, and if they re-take the House of Representatives—a lot of ifs—he and the Republicans could change federal gun laws for the better.
Aggressively pursuing these changes and explaining to the American people why the changes are warranted would help protect the right of the people to keep and bear arms. By now, supporters of that right should have figured out that they will never win the war to protect it if they remain catatonic when the opportunity to pass good laws exists, then cower when Democrats and the liberal-left media attack in the minutes, hours, and days after a high-profile crime involving a gun.
Op-Ed Doesn’t Understand What Returning To ’60s Gun Laws Would Mean
From Washington Post:
My proposal is simply that we revert to the gun laws that prevailed in the United States around 1960. From a public-safety standpoint, that was far from a perfect world. The cheap revolvers called “Saturday night specials†ruled the night in many cities. Loopholes as to the sale and registration of long arms allowed the importation of the mail-order rifle that Lee Harvey Oswald used to kill President John F. Kennedy in 1963.
ATF’s Continued Bad Rulings
From The Federalist:
As Davis noted, in 2010 the agency said bump stocks weren’t “machineguns,†that a bump stock “performs no automatic function when installed. In order to use the installed device [the bump stock], the shooter must apply constant forward pressure with the non-shooting hand and constant rearward pressure with the shooting hand.â€
Rejecting its 2010 determination, the BATFE now says that a bump stock causes a semi-automatic firearm to fire “in a manner that allows the trigger to reset and continue firing without additional physical manipulation of the trigger by the shooter.â€
Enforcing Unconstitutional Laws
From Bearing Arms:
The answer to that is that I believe the laws on the book need to be enforced, even if they’re wrong. They need to be enforced until they’re no longer on the books. By arguing that unconstitutional laws shouldn’t be followed–an argument I understand completely–you open the door for people to make that same argument about any number of other subjects.
Machine Guns On Trial
From Ammoland:
A panel for the United States Third Circuit Court of Appeals has affirmed a district court ruling and sided with the government against a man who was authorized by the Bureau of Alcohol, Tobacco, Firearms and Explosives to manufacture a post-1986 machine gun through a trust, only to have the permission rescinded and his property confiscated. In doing so, and by ignoring founding intent behind the Second Amendment, the panel ruled the right of Americans to own militia-suitable firearms can not only be infringed, but that it’s not even a right.