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Bump Stock Ban Voided


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5 replies to this topic

#1 Phoenix69

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Posted September 14 2020 - 05:51 PM

Bump Stock Ban Voided – Will be Reheard in 10th Circuit Court

 

Slide_Fire_Solutions_Slidefire_Stock_on_

A Slide Fire Solutions bump fire stock on a WASR-10 semiautomatic rifle

The federal government’s previous ban on bump stocks has been granted a petition for a rehearing after the earlier decision to uphold the bump stock ban was reached previously. The Original ban which went into effect in 2018 and made bump stock devices illegal to possess, will now be reheard by in the 10th Circuit court.

bump-stocks-guns_wide-74a7898e439ba08b98

George Frey/Getty Images

Bump Stock Ban Voided – Will be Reheard in 10th Circuit Court

The U.S 10th Circuit court in Colorado accepted a benched petition put forth by W. Clark Aposhian – a Utah gun rights advocate. Aposhian is backed by the New Civil Liberties Alliance who is supporting his position on the bump stock ban.

1200x-1-660x439.jpg

Bump Stock Ban Voided – Will be Reheard in 10th Circuit Court – Jim Watson/AFP via Getty Images

The panel previously reached a 2-1 decision which generated a rift between the circuits when his appeal was denied in May. The 11-judge court will rehear the challenge, with a special focus on if and how Chevron applies. Specifically if, in this instance, if it has allowed federal overreach.

Eleven active judges will rehear the entire case but will be mainly focusing on the five main points according to the Associated Press:

1. Did the Supreme Court intend for the Chevron framework to operate as a standard of review, a tool of statutory interpretation, or an analytical framework that applies where a government agency has interpreted an ambiguous statute?

2. Does Chevron step-two deference depend on one or both parties invoking it, i.e., can it be waived; and, if it must be invoked by one or both parties in order for the court to apply it, did either party adequately do so here?

3. Is Chevron step-two deference applicable where the government interprets a statute that imposes both civil and criminal penalties?

4. Can a party concede the irreparability of a harm; and, if so, must this court honor that stipulation?

5. Is the bump stock policy determination made by the Bureau of Alcohol, Tobacco and Firearms peculiarly dependent upon facts within the congressionally vested expertise of that agency?

104758292-GettyImages-857945106-660x371.

Bump Stock Ban Voided – Will be Reheard in 10th Circuit Court – Getty Images

Since their inception, the ATF has issued several classification decisions concluding that certain bump-stocks were not machine guns and therefore not subject to any NFA laws. This is due to the fact that the devices simply allow the user to bump-fire the firearm and do not convert the firearm to a full auto weapon. It is my personal hope that reason will be seen through and the ban will be lifted on these devices. After all, the ATF already admitted that they had no legal authority for their bump stock ruling back in September of 2019.

 

 



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#2 tkovacs9520

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Posted September 14 2020 - 10:11 PM

Bump Stock Ban Voided – Will be Reheard in 10th Circuit Court

Slide_Fire_Solutions_Slidefire_Stock_on_
A Slide Fire Solutions bump fire stock on a WASR-10 semiautomatic rifle

The federal government’s previous ban on bump stocks has been granted a petition for a rehearing after the earlier decision to uphold the bump stock ban was reached previously. The Original ban which went into effect in 2018 and made bump stock devices illegal to possess, will now be reheard by in the 10th Circuit court.
bump-stocks-guns_wide-74a7898e439ba08b98
George Frey/Getty Images
Bump Stock Ban Voided – Will be Reheard in 10th Circuit Court
The U.S 10th Circuit court in Colorado accepted a benched petition put forth by W. Clark Aposhian – a Utah gun rights advocate. Aposhian is backed by the New Civil Liberties Alliance who is supporting his position on the bump stock ban.
1200x-1-660x439.jpg
Bump Stock Ban Voided – Will be Reheard in 10th Circuit Court – Jim Watson/AFP via Getty Images

The panel previously reached a 2-1 decision which generated a rift between the circuits when his appeal was denied in May. The 11-judge court will rehear the challenge, with a special focus on if and how Chevron applies. Specifically if, in this instance, if it has allowed federal overreach.
Eleven active judges will rehear the entire case but will be mainly focusing on the five main points according to the Associated Press:

1. Did the Supreme Court intend for the Chevron framework to operate as a standard of review, a tool of statutory interpretation, or an analytical framework that applies where a government agency has interpreted an ambiguous statute?
2. Does Chevron step-two deference depend on one or both parties invoking it, i.e., can it be waived; and, if it must be invoked by one or both parties in order for the court to apply it, did either party adequately do so here?
3. Is Chevron step-two deference applicable where the government interprets a statute that imposes both civil and criminal penalties?
4. Can a party concede the irreparability of a harm; and, if so, must this court honor that stipulation?
5. Is the bump stock policy determination made by the Bureau of Alcohol, Tobacco and Firearms peculiarly dependent upon facts within the congressionally vested expertise of that agency?


104758292-GettyImages-857945106-660x371.
Bump Stock Ban Voided – Will be Reheard in 10th Circuit Court – Getty Images

Since their inception, the ATF has issued several classification decisions concluding that certain bump-stocks were not machine guns and therefore not subject to any NFA laws. This is due to the fact that the devices simply allow the user to bump-fire the firearm and do not convert the firearm to a full auto weapon. It is my personal hope that reason will be seen through and the ban will be lifted on these devices. After all, the ATF already admitted that they had no legal authority for their bump stock ruling back in September of 2019.
See what happens. It be nice if they could ditch the 10rd mag at the same time.

Sent from my SM-G975U using Tapatalk

#3 the blur

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Posted September 15 2020 - 08:20 PM

What are you doing with your bump stock ??



#4 bachi

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Posted September 16 2020 - 10:36 AM

Bump Stock is still illegal in New Yorkistan regardless of this law suit , https://www.nysenate...laws/PEN/265.00   see  section 27 



#5 wwolf

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Posted September 16 2020 - 01:08 PM

Bump Stock is not ergonomic. Trigger bump is much better. The way it works is as follows. When the trigger is pull, it closes a electric loop,  and 10 ms later, a second loop closes which energizes a solenoid briefly to bump the trigger forward. At this time, your finger is still pulling on the trigger and cycle repeats.



#6 tkovacs9520

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Posted September 16 2020 - 02:12 PM

Don't need a bump stock to bump fire

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