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Fed Court puts a stay on Trump's Bump Stock edict


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#1 cybermgk

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Posted 29 March 2021 - 07:51 AM

https://www.dailywir...ock-ban-on-hold

 

Important aspect is the decision, that points to Executive Orders, making essentially, law, and how Unconstitutional they are.

 


The Sixth Circuit said that the legal precedent used by the ATF to reinterpret the statute, known as Chevron deference, likely does not apply in reinterpreting criminal conduct.

 

“Whether ownership of a bump-stock device should be criminally punished is a question for our society. Indeed, the Las Vegas shooting sparked an intense national debate on the benefits and risks of bump-stock ownership,” the judges wrote in the majority opinion. “And because criminal laws are rooted in the community, the people determine for themselves — through their legislators — what is right or wrong. The executive enforces those determinations. It is not the role of the executive — particularly the unelected administrative state — to dictate to the public what is right and what is wrong.”

 

“In sum, for criminal statutes, where the primary question is what conduct should be condemned and punished, the first rationale of Chevron deference — deferring to an agency’s expertise — is unconvincing because the agency’s technical specialized knowledge does not assist in making the value-laden judgment underlying our criminal laws,” the judges wrote. “That judgment is reserved to the people through their duly elected representatives in Congress.”


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#2 Molly B.

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Posted 29 March 2021 - 08:08 AM

Very interesting!


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#3 MagSlap

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Posted 29 March 2021 - 09:01 AM

This will be memory-holed when we get new EO's for gun control...

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#4 2A4Cook

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Posted 29 March 2021 - 10:36 AM

I wish Trump had EO'd "assault weapon" and "high capacity" magazine bans.  The courts would overturn them and find them unconstitutional, just to spite Trump.  Win-win!



#5 mrmagloo

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Posted 29 March 2021 - 11:59 AM

Well, the good news in that case is, Biden, or rather Harris, with her puppeting hand rammed up his backside, are talking about EO'ing an AR / Mag Ban.  Your wish may come true.



#6 bosshogg

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Posted 30 March 2021 - 07:57 PM

I doubt they'd issue an EO about "assault weapons", I do think that it is highly likely that they will issue some kind of EO regarding import restrictions similar to how Clinton/Obama did. Just my 2 cents



#7 cybermgk

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Posted 31 March 2021 - 07:51 AM

I doubt they'd issue an EO about "assault weapons", I do think that it is highly likely that they will issue some kind of EO regarding import restrictions similar to how Clinton/Obama did. Just my 2 cents

Or a bunch of Executive Actions, the toothless cousin of the Executive Order. Obama/BIden made 23 EAs on Gun Control.  Remember any of them?  Exactly.

 

https://www.youtube....h?v=JqY-Z6bgjQk

 


Edited by cybermgk, 31 March 2021 - 07:52 AM.

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#8 defaultdotxbe

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Posted 31 March 2021 - 08:11 AM

 

I doubt they'd issue an EO about "assault weapons", I do think that it is highly likely that they will issue some kind of EO regarding import restrictions similar to how Clinton/Obama did. Just my 2 cents

Or a bunch of Executive Actions, the toothless cousin of the Executive Order. Obama/BIden made 23 EAs on Gun Control.  Remember any of them?  Exactly.

 

https://www.youtube....h?v=JqY-Z6bgjQk

 

I remember that most of them simply reiterated existing law, like stating that FFLs had to conduct background checks anywhere they sold a gun (such as at a gun show) and not just their licensed premises


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#9 bosshogg

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Posted 31 March 2021 - 10:05 PM

 

 

I doubt they'd issue an EO about "assault weapons", I do think that it is highly likely that they will issue some kind of EO regarding import restrictions similar to how Clinton/Obama did. Just my 2 cents

Or a bunch of Executive Actions, the toothless cousin of the Executive Order. Obama/BIden made 23 EAs on Gun Control.  Remember any of them?  Exactly.

 

https://www.youtube....h?v=JqY-Z6bgjQk

 

I remember that most of them simply reiterated existing law, like stating that FFLs had to conduct background checks anywhere they sold a gun (such as at a gun show) and not just their licensed premises

 

I was too young and not in the gun community around that time, its a very interesting point that you make. I actually had no clue about Obama executive orders regarding gun control, will be sure look into that.






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