Armed Polite Society

Main Forums => Politics => Topic started by: RoadKingLarry on September 08, 2020, 04:21:43 PM

Title: Interesting bump stock ruling from the 10th Circuit Court.
Post by: RoadKingLarry on September 08, 2020, 04:21:43 PM

Some movement on a suite against the ATF bump stock ban proceeding in the 10th Circuit court.

https://www.youtube.com/watch?v=xhEffnEzXbw

Title: Re: Interesting bump stock ruling from the 10th Circuit Court.
Post by: MechAg94 on September 08, 2020, 10:47:16 PM

Never heard of the Chevron deference.  Sounds like a BS excuse someone came up with to deny a challenge.  Can someone provide a brief definition of this Chevron deference?  Is there some legitimate purpose to it?

Title: Re: Interesting bump stock ruling from the 10th Circuit Court.
Post by: Perd Hapley on September 08, 2020, 11:23:36 PM

Quote from: MechAg94 on September 08, 2020, 10:47:16 PM

Never heard of the Chevron deference.  Sounds like a BS excuse someone came up with to deny a challenge.  Can someone provide a brief definition of this Chevron deference?  Is there some legitimate purpose to it?

When it comes to interpreting a statute, the courts defer to the interpretation of the agency tasked with enforcing it. Funny, I kinda wish they'd be that understanding when it comes to the state's enforcing their own laws.

I believe some of Trump's appointees have been trying to put an end to it.

Also, it's usually referred to without the definite article. If you care about that kind of thing.

Title: Re: Interesting bump stock ruling from the 10th Circuit Court.
Post by: MillCreek on October 03, 2022, 10:45:38 AM

SCOTUS refuses to hear two cases related the bump stock ban.  Looks as if the ban may stay around for a while.

https://www.seattletimes.com/nation-world/nation/supreme-court-rejects-bump-stock-ban-cases/

Title: Re: Interesting bump stock ruling from the 10th Circuit Court.
Post by: MechAg94 on October 03, 2022, 10:59:48 AM

Unfortunate.  Would have hoped for just to throw them back based on Bruen, but not even that.

Title: Re: Interesting bump stock ruling from the 10th Circuit Court.
Post by: cordex on October 03, 2022, 11:05:48 AM

Quote from: MechAg94 on October 03, 2022, 10:59:48 AM

Unfortunate.  Would have hoped for just to throw them back based on Bruen, but not even that.

While the bump stock ban is undoubtedly bad law, I'd rather they spend the capital on toasting the NFA as a whole.  Not sure that is at all likely, even if it is an apparently obvious outgrowth of Bruen, but something to hold out some hope for.

Title: Re: Interesting bump stock ruling from the 10th Circuit Court.
Post by: Pb on October 03, 2022, 03:42:42 PM

Quote from: cordex on October 03, 2022, 11:05:48 AM

While the bump stock ban is undoubtedly bad law, I'd rather they spend the capital on toasting the NFA as a whole.  Not sure that is at all likely, even if it is an apparently obvious outgrowth of Bruen, but something to hold out some hope for.

Don't bother hoping for the NFA to go away.  It won't. 

Title: Re: Interesting bump stock ruling from the 10th Circuit Court.
Post by: cordex on October 03, 2022, 04:05:01 PM

Quote from: Pb on October 03, 2022, 03:42:42 PM

Don't bother hoping for the NFA to go away.  It won't.

I hear you.  But.
There was a time I would have sworn that the AWB was never going to go away.
Or that Vermont would always be an outlier regarding constitutional carry.
Or that there would ever be a supreme court ruling that declared the 2A to be an individual right.
Or that NYCs gun ban would be struck down.
Etc.

Any honest application of Bruen has to mean an end to the NFA.  We've already had a number of cases decided based on Bruen that would never have been even considered a year ago.

Title: Re: Interesting bump stock ruling from the 10th Circuit Court.
Post by: MillCreek on October 03, 2022, 04:24:08 PM

I am with Cordex.  I think some of the recent SCOTUS decisions increase the likelihood of future rulings favorable to the cause.  I would not have said this a few years back.

Title: Re: Interesting bump stock ruling from the 10th Circuit Court.
Post by: Pb on October 03, 2022, 11:30:22 PM

Cordex... I hope this is one of the many, many times I am wrong.

But I just think the judges are going to use the idiotic "dangerous and unusual" test they invented to say we can't have military weapons.