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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel. |
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#1
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GOA Bumpstock (6th Circuit reverse and remand 3-25-21))
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“We are twice armed if we fight with faith.” ― Plato |
#2
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Around 13 minutes to 17 minutes the judge seems to contort that the continuous forward pressure on the gun is equivalent to a single pull of the trigger, to create rapid fire, and is then rapid fire by a single pull of the trigger
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#3
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GOA wins Bumpstock case in 6th circuit
Could not find old thread on this, please feel free to merge.
Court ruled Chevron can not be used for criminal statute, which is huge if it holds up. Quote:
Last edited by NorCalRT; 03-25-2021 at 12:16 PM.. |
#4
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Not a CA case, so in National.
Merged.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#7
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In the 6th Circuit, for now. No effect in the 9th, where CA is located.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#8
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Hopefully this decision stands, it will come in handy for the future fight against "ghost guns" suddenly being called guns despite the clear definition in black letter law.
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"Everything I ever learned about leadership, I learned from a Chief Petty Officer." - John McCain "Use your hammer, not your mouth, jackass!" - Mike Ditka There has never been a shortage of people eager to draw up blueprints for running other people's lives. - Thomas Sowell Quote:
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#9
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1. Federally, no effect in CA since we're in 9th Circuit not 6th Circuit.
2. Even if this Fed case were 'active' in CA, it is only challenging the ATF's policy of "Bump stock == machinegun". It appears to NOT challenge CA or other states' laws regarding these or "multiburst trigger activators" etc.
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Bill Wiese San Jose, CA CGF Board Member / NRA Benefactor Life Member / CRPA life member
No postings of mine here, unless otherwise specifically noted, are to be construed as formal or informal positions of the Calguns.Net ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer. |
#11
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#12
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I believe this is the same case... Bump-Stock Ban Remains as Appeals Court Splits on Gun Law
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Last edited by TrappedinCalifornia; 12-04-2021 at 12:03 AM.. |
#13
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Petition for cert. was submitted on 3-3-22.
https://www.scotusblog.com/case-file...inc-v-garland/ Quote:
Petition link. |
#14
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Here's the docket page. https://www.supremecourt.gov/docket/...c/21-1215.html |
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#17
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#19
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The pro gun community has far bigger fish to fry / laws to spend money litigating than the bump stock issue...
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"Extremism in defense of liberty is no vice. Moderation in pursuit of justice is no virtue." ----Sen. Barry Goldwater Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." ----Benjamin Franklin NRA life member CRPA member |
#21
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Just like OSHA making medical decisions and CDC making rental property decisions, this is the .gov run amok, and hopefully it can be stopped peacefully by the courts. The alternative might get a little . . . messy.
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"Everything I ever learned about leadership, I learned from a Chief Petty Officer." - John McCain "Use your hammer, not your mouth, jackass!" - Mike Ditka There has never been a shortage of people eager to draw up blueprints for running other people's lives. - Thomas Sowell Quote:
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#22
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Quote:
__________________
"Extremism in defense of liberty is no vice. Moderation in pursuit of justice is no virtue." ----Sen. Barry Goldwater Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." ----Benjamin Franklin NRA life member CRPA member |
#23
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#Democracy is 2 wolves and a lamb voting on what to have for dinner. #Let’s go Brandon! #FJB
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#24
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TRUE, some things are higher priority. Quote:
That is to say. If we as 2A supporters ignore the smaller of the 1,000 cuts of death. Dealt to the 2A. As unimportant. And only concentrate on BIG issues. Instead of a united front against ALL INFRINGEMENTS. We will lose on all issues eventually. It's that old "Divide and Conquer" thing. And a game that DemRat Socialist have been playing the long game on and winning. Label IT, vilify IT in the media, gather support against IT, THEN BAN IT, because the majority now says you don't NEED IT. This has worked for them since back in the 1960s. Starting with SATURDAY NIGHT SPECIALS. IMHO, there is no way in hell, that I would spend money on a 'bump stock toy". Thats only purpose is to burn ammo. And if you're lucky one round out of 50 may actually hit something you wanted to hit. But I will defend the right to have one, for those that want them. Rights aren't about, whatever the Gubermint decides a citizen needs. It's the FREEDOM to CHOOSE WHAT YOU WANT. |
#25
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Your dick works just like a rapist's, you better hurry up and turn that in!
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"Everything I ever learned about leadership, I learned from a Chief Petty Officer." - John McCain "Use your hammer, not your mouth, jackass!" - Mike Ditka There has never been a shortage of people eager to draw up blueprints for running other people's lives. - Thomas Sowell Quote:
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#26
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Ok? People want machine guns but can’t get them because they are too expensive or are outright illegal. The bump stock provided a legal option. Are you against legal guns?
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#28
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If the anti-gun activists can switch the legal debate from how many times the trigger is pulled to the rate at which bullets come out of the gun, then they can shift the "machine gun" argument towards regulating even semo-automatic firearms with totally normal semi-auto triggers and no bump stocks where the triggers simply allow the operator to shoot "too fast" (who defines what is "too fast?" You know it'll be the anti-gun crowd). The claim will be that the semi-auto with 2.5lb match trigger "shoots as fast as a machine gun and therefore is a machine gun." The next step after that will be to argue that we need to mechanically limit the rate of fire on all semi-auto firearms, then they will reduce this to where the rate of fire is essentially the same as a bolt-action rifle, then to the same as muzzle-loaded black-powder muskets, then to a rate of fire of zero rounds per minute. If you think about it, even the current definition of a machine gun being one that needs a single pull of the trigger to fire more than one round is just an arbitrary bit of trivia that we happen to be hanging our rights on and haggling over. The ATF drew the line in the sand using the one-pull-one-bullet mechanical behavior, but they could easily move that line in the sand to some other bit of trivia. Last edited by dchang0; 06-21-2022 at 6:10 PM.. |
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