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Guedes v BATFE - Challenge to Bump Stock Ban


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#1 transplant

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Posted 18 December 2018 - 02:51 PM

First suit filed.

 

https://www.firearms.../guedes-v-batfe

 

 

Summary:

Federal lawsuit challenging President Trump's ban on "bump stock" devices by executive fiat

 

Plaintiffs:

Damien Guedes, Firearms Policy Coalition, Firearms Policy Foundation, Madison Society Foundation

 

Defendants:

Bureau of Alcohol, Tobacco, Firearms and Explosives, Acting Attorney General Matthew Whitaker, ATF Acting Director Thomas Brandon, United States of America

Litigation Counsel: Joshua Prince, Esq. and Adam Kraut, Es

 

Adam Kraut is one of the good guys trying to get on the board of the NRA.


Edited by transplant, 18 December 2018 - 02:53 PM.


#2 transplant

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Posted 18 December 2018 - 03:08 PM

Press release:

 

https://globenewswir...ion-Sought.html

 

Washington, D.C., Dec. 18, 2018 (GLOBE NEWSWIRE) -- Today, attorneys for an owner of a “bump-stock” device and three constitutional rights advocacy organizations filed a federal lawsuit against the Trump Administration’s new confiscatory ban on firearm parts, additionally challenging Matthew Whitaker’s legal authority to serve as Acting Attorney General and issue rules without being nominated to the role and confirmed by the Senate or by operation of law. A copy of the court filings can be viewed at www.bumpstockcase.com.

 

The plaintiffs also filed a motion seeking a temporary injunction to prevent the Trump Administration from implementing and enforcing the new regulation. The lawsuit, captioned as Guedes, et al. v. BATFE, et al., is backed by Firearms Policy Coalition (FPC), Firearms Policy Foundation (FPF), and Madison Society Foundation (MSF), also institutional plaintiffs in the case.

 

“Bump-stocks” were legal under federal law and prior determinations of the Bureau of Alcohol, Tobacco, Firearms and Explosives until the agency issued a new final rulemaking today. Under the new rule, owners of the devices have just 90 days to surrender or destroy their property, after which they could face federal ‘machinegun’ charges that carry up to 10 years in prison and $250,000 in fines for each violation.

The plaintiffs are represented by attorneys Joshua Prince and Adam Kraut of Firearms Industry Consulting Group, a division of Civil Rights Defense Firm, P.C. Prince and Kraut previously filed a nearly 1,000-page formal opposition to the proposed regulation, which included a video exhibit showing the actual operation of a “bump-stock” device on an AR-15 type firearm. That opposition and its 35 exhibits can be viewed at www.bit.ly/fpc-bumpstock-reg-opposition.

 

“The ATF has misled the public about bump-stock devices,” Prince said. “Worse, they are actively attempting to make felons out of people who relied on their legal opinions to lawfully acquire and possess devices the government unilaterally, unconstitutionally, and improperly decided to reclassify as ‘machineguns’. We are optimistic that the court will act swiftly to protect the rights and property of Americans who own these devices, and once the matter has been fully briefed and considered by the court, that the regulation will be struck down permanently.”

 

In a January statement, Firearms Policy Coalition said that the federal “DOJ and BATFE clearly lack the statutory authority to re-define the targeted devices as ‘machineguns.’” Following that, in February, FPC also commented that as they “opposed the lawless manner in which President Obama often ruled by ‘pen-and-a-phone’ executive fiat,” they objected to and would fight “President Trump’s outrageous lawlessness here.”

 

“In its rulemaking, the Trump Administration is attempting to abuse the system, ignore the statutes passed by the Congress, and thumb its nose at the Constitution without regard to the liberty and property rights of Americans. That is unacceptable and dangerous,” explained Adam Kraut, an attorney for the plaintiffs. “It is beyond comprehension that the government would seek establish a precedent that it can arbitrarily redefine terms and subject thousands of people to serious criminal liability and the loss of property.”

 

Anyone who owns a “bump-stock” device and who would like to consider participating in the case should contact the FPC/FPF Legal Action Hotline at https://www.firearmspolicy.org/hotlineor (855) 252-4510 (available 24/7/365) as soon as possible.

 

Firearms Policy Coalition (www.firearmspolicy.org) is a 501©4 grassroots nonprofit organization. FPC’s mission is to protect and defend the Constitution of the United States, especially the fundamental, individual Second Amendment right to keep and bear arms.

 

Firearms Policy Foundation (www.firearmsfoundation.org) is a 501©3 grassroots nonprofit organization. FPF’s mission is to defend the Constitution of the United States and the People’s rights, privileges and immunities deeply rooted in this Nation’s history and tradition, especially the inalienable, fundamental, and individual right to keep and bear arms.

 

Madison Society Foundation (www.madison-society.org) is a 501©(3) grassroots nonprofit based in California. It promotes and preserves the purposes of the Constitution of the United States, in particular the right to keep and bear arms. MSF provides the general public and its members with education and training on this important right.

 

Craig DeLuz

Firearms Policy Coalition
916-378-5785
media@fpchq.org


Edited by transplant, 18 December 2018 - 03:09 PM.


#3 2smartby1/2

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Posted 18 December 2018 - 04:00 PM

Good....

 

Bump-stocks are stupid, but this little fingered, ham-handed grab is way out of bounds. 

 

I am fine with bump-stocks being banned......THROUGH CONGRESS.  Provide compensation and/or grand-father clause or GTFO. 



#4 transplant

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Posted 18 December 2018 - 04:09 PM

Good....

 

Bump-stocks are stupid, but this little fingered, ham-handed grab is way out of bounds. 

 

I am fine with bump-stocks being banned......THROUGH CONGRESS.  Provide compensation and/or grand-father clause or GTFO. 

 

Were you also fine with machine guns being banned through congress? What about all the mag bans through state congresses? Rifle bans? Are you ok with any ban as long as its done with a process?

 

If the process doesn't involve getting 3/4 of the states to modify or repeal the 2A, the process is illegal.



#5 Dx54r

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Posted 18 December 2018 - 05:31 PM

Surely we should be pushing to reopen the machine gun registry, no?

I mean, how else do I legally own my newly declared bump stock "machine guns" without the machine gun registry being open?

 

:clap: :clap: :clap:


Edited by Dx54r, 18 December 2018 - 05:33 PM.


#6 quackersmacker

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Posted 18 December 2018 - 05:44 PM

This dog don't hunt.  And they want you to contact them if you own a bump stock.  Remember atty-client privilege?  That went out the window with Cohen.  Sure, contact these clowns, and then you'll be asked for money, and then you'll be on the easy list when the feds decide to actually enforce this nonsense.  Go for it!


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#7 kevinmcc

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Posted 18 December 2018 - 06:24 PM

Technically I do not see how bump stock are even banned.

The device they describe is not how a bump stock works.

Glad they all jumped on this immediately.

 


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#8 transplant

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Posted 18 December 2018 - 06:55 PM

Donate to the organizations running this lawsuit:

 

https://www.firearms...g/donate_paypal

http://www.gunowners...tockDefenseFund

 

Don't give the NRA money; they jacked us on this. But if you are a life member or 5 year member, DO NOT throw away your membership - you have are a voting member and can vote for Adam Kraut in the next board election.

 

Also remember to keep your paid membership with Illinois Carry current, for running this board, and they have also helped with litigation.


Edited by transplant, 18 December 2018 - 07:08 PM.


#9 kevinmcc

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Posted 18 December 2018 - 07:18 PM

Looks like GOA will be filing litigation.

https://www.facebook..._video_explicit


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#10 biggun 1

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Posted 18 December 2018 - 11:02 PM

This dog don't hunt.  And they want you to contact them if you own a bump stock.  Remember atty-client privilege?  That went out the window with Cohen.  Sure, contact these clowns, and then you'll be asked for money, and then you'll be on the easy list when the feds decide to actually enforce this nonsense.  Go for it!

if i understand correctly they want donations from people who disagree with the validity of the bump stock ban.i don,t own a bump stock but i do feel the ban is not legal as written.did i miss the part that said bump stock owners only can donate?



#11 chicagoresident

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Posted 18 December 2018 - 11:05 PM

Not a bump stock owner and I donated. I've been making donations left and right to2nd ammendment people and groups that are the most active, the NRA not being one of them.

#12 biggun 1

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Posted 19 December 2018 - 12:15 AM

This dog don't hunt.  And they want you to contact them if you own a bump stock.  Remember atty-client privilege?  That went out the window with Cohen.  Sure, contact these clowns, and then you'll be asked for money, and then you'll be on the easy list when the feds decide to actually enforce this nonsense.  Go for it!

just about all the orginizations that try to save our a2 rights ask for donations.i am a nra,nagr and isra member and they frequently look to me for donations,just saying.



#13 Raw Power

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Posted 19 December 2018 - 06:53 AM

Surely we should be pushing to reopen the machine gun registry, no?

I mean, how else do I legally own my newly declared bump stock "machine guns" without the machine gun registry being open?

 

:clap: :clap: :clap:

 

 

This.



#14 Plinkermostly

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Posted 19 December 2018 - 06:56 AM

wonder they missed a 'tax stamp' opportunity



#15 TomKoz

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Posted 19 December 2018 - 08:21 AM

Hmmmmm ???

Written in such a way to surely get challenged AND overturned with even BROADER protections by the Supreme Court and it’s newly appointed Justices ?????
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#16 POAT54

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Posted 19 December 2018 - 08:43 AM

Next they will ban rubber bands.

 

 

 

https://www.youtube....h?v=m5XzQ1BS7gU


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#17 JDW

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Posted 19 December 2018 - 11:57 AM

Not a bump stock owner and I donated. I've been making donations left and right to2nd ammendment people and groups that are the most active, the NRA not being one of them.

 

Same here. I'm a life member of the NRA, but I stopped donating to them a while ago. Unless Wayne and Chris are bounced and replaced with real Pro2A folks, I've given up on them. Better to donate wisely, IMHO.



#18 kevinmcc

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Posted 20 December 2018 - 10:22 PM

Same here. I'm a life member of the NRA, but I stopped donating to them a while ago. Unless Wayne and Chris are bounced and replaced with real Pro2A folks, I've given up on them. Better to donate wisely, IMHO.


Same here as well.

Have not given them a dime in years waiting for the same.

Seeing the reports of how Second Amendment Foundation and Gun Owners of America use our donations, for nation gun rights our money is best spent there.
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#19 JTHunter

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Posted 20 December 2018 - 11:16 PM

Not a bump stock owner and I donated. I've been making donations left and right to2nd ammendment people and groups that are the most active, the NRA not being one of them.

 

Same here. I'm a life member of the NRA, but I stopped donating to them a while ago. Unless Wayne and Chris are bounced and replaced with real Pro2A folks, I've given up on them. Better to donate wisely, IMHO.

 

Ditto to both of you.  The NRA's position of being more "pro-CC" and apparently "anti-OC", ticks me off.  I would prefer OC because of certain physical limitations.  Plus, I have a leather rig for OC just below my hip for my 4" .357 revolver..


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#20 Flynn

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Posted 20 December 2018 - 11:50 PM

Yeah no donations to the NRA for me either, I know the NRA is still a big-time national lobbying force, but to be blunt, I don't see that being nearly as effective anymore as it might have been at one point, we are at the point that we need to involve the courts for rulings, not attempt to sway the politicians...


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#21 ChicagoRonin70

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Posted 20 December 2018 - 11:57 PM

I donate about a thousand dollars a year to various Second Amendment causes, but I've stopped donating to the NRA as a result of them constantly bothering me for money as well as them making some questionable decisions with what they are supporting.

 

Also, until they let Adam Kraut get on the board of directors, I'm wouldn't even think of giving them any more funds.


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#22 SiliconSorcerer

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Posted 21 December 2018 - 10:19 AM

I donate about a thousand dollars a year to various Second Amendment causes, but I've stopped donating to the NRA as a result of them constantly bothering me for money as well as them making some questionable decisions with what they are supporting.

 

Also, until they let Adam Kraut get on the board of directors, I'm wouldn't even think of giving them any more funds.

 

Guess I should look at the elections with all the ballots at hand, everyone is at least a life member and I think I get every magazine they print ;) 


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#23 chicagoresident

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Posted 21 December 2018 - 11:52 AM

 
Also, until they let Adam Kraut get on the board of directors, I'm wouldn't even think of giving them any more funds.

If the NRA gets hard up again where they ***** out lifetime memberships I might grab one just to vote for him. Neil Knox (leader of the Cincinnati revolt) has been pushing him hard.

Marion Hammer should be given until after the 2020 election to reverse Florida before being tossed out with Lapierre (whom is still there because of Hammer).

Edited by chicagoresident, 21 December 2018 - 11:54 AM.


#24 Molly B.

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Posted 21 December 2018 - 12:20 PM

 

 
Also, until they let Adam Kraut get on the board of directors, I'm wouldn't even think of giving them any more funds.

If the NRA gets hard up again where they ***** out lifetime memberships I might grab one just to vote for him. Neil Knox (leader of the Cincinnati revolt) has been pushing him hard.

Marion Hammer should be given until after the 2020 election to reverse Florida before being tossed out with Lapierre (whom is still there because of Hammer).

 

 

The $1500 lifetime membership is $600 until the end of Dec., I think.


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#25 soundguy

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Posted 21 December 2018 - 12:32 PM

 

 

 
Also, until they let Adam Kraut get on the board of directors, I'm wouldn't even think of giving them any more funds.

If the NRA gets hard up again where they ***** out lifetime memberships I might grab one just to vote for him. Neil Knox (leader of the Cincinnati revolt) has been pushing him hard.

Marion Hammer should be given until after the 2020 election to reverse Florida before being tossed out with Lapierre (whom is still there because of Hammer).

 

 

The $1500 lifetime membership is $600 until the end of Dec., I think.

 

 

Well worth it, if it fits your budget.

Considering shorter term membership fees, my membership has been free for years.


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