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+--- Thread: 5th Circuit of Appeals Strikes down bump stock ban 13-3 (/showthread.php?tid=25285)
5th Circuit of Appeals Strikes down bump stock ban 13-3 - grayfox - 01-07-2023
Appeals Court Strikes Down Bump Stock Ban in 13-3 Decision (breitbart.com)
From Breitbart:
"The U.S. Court of Appeals for the Fifth Circuit handed down a 13-3 decision Friday striking down the regulatory gun control that banned bump stocks under former President Donald Trump.
Reuters reported that the court intimated that actions on guns should be taken by Congress rather than the executive branch.
Circuit Judge Jennifer Walker Elrod wrote the majority opinion for the Fifth Circuit and also opined that the framers of the bump stock ban did not provide fair warning that possession of a non-mechanical bump stock is a crime.
WGRZ noted that the Fifth Circuit, on January 6, 2022, pointed out that the presence of a bump stock does not make a firearm meet the definition of a machine gun as the trigger continues to be pulled and reset even with a bump stock affixed to a semiautomatic firearm.
Judge Elrod noted, A plain reading of the statutory language, paired with close consideration of the mechanics of a semi-automatic firearm, reveals that a bump stock is excluded from the technical definition of machinegun set forth in the Gun Control Act and National Firearms Act.
5th Circuit of Appeals Strikes down bump stock ban 13-3 - jasper2408 - 01-07-2023
This is good news to hear but one thing I noticed is what the judge said in his ruling:
Quote:court intimated that actions on guns should be taken by Congress rather than the executive branch
Did I miss something as I didn't think the Congress was given that right either.
5th Circuit of Appeals Strikes down bump stock ban 13-3 - biodsl - 01-07-2023
jasper2408 Wrote:This is good news to hear but one thing I noticed is what the judge said in his ruling:
Did I miss something as I didn't think the Congress was given that right either.
I think the point is that the legislature writes and passes laws, the executive branch enforces them. If you want to ban bump stocks, you need a law from congress outlawing them. The president can't just call bump stocks machine guns. Machine guns are defined in the law and bump stocks ain't it!
EDIT: Washington Gun Law's William Kirk does a much better job explaining this than I!
https://www.youtube.com/watch?v=oxa-0youn4A
5th Circuit of Appeals Strikes down bump stock ban 13-3 - grayfox - 01-07-2023
Right. The ruling says ATF does not have authority to redefine things when Congress has not authorized it.
It's not so much being unconstitutional, as it is being ATF does not have authority to "write" or "rewrite" laws.
Still a very important point, as one key thing the leftist/marxists have been pushing for a long time, is that their "executive (they say let the so-called bureaucratic experts do all the lawmaking)," or maybe even the courts, have the right to "rewrite" laws... This Scotus has been pretty firm in saying only Congress has the right to write, and to re-write, laws. And that's constitutional.
5th Circuit of Appeals Strikes down bump stock ban 13-3 - jasper2408 - 01-07-2023
jasper2408 Wrote:Did I miss something as I didn't think the Congress was given that right either.
Sorry, I should have specified, I was being sarcastic here. :p
I agree 100% with the previous comments though.
5th Circuit of Appeals Strikes down bump stock ban 13-3 - LRRPF52 - 01-07-2023
You mean to tell me an unconstitutional jobs program/corrupt Mafia-era organized crime racket pretending to be law enforcement, tasked with violating the Bill of Rights by a drunken Congress in 1934, can no longer just make up laws as they go?
There goes the neighborhood....
![[Image: ?u=http%3A%2F%2Fweedmemes.com%2Fwp-conte...ipo=images]](https://external-content.duckduckgo.com/iu/?u=http%3A%2F%2Fweedmemes.com%2Fwp-content%2Fuploads%2F2016%2F03%2Fprohibition-works-like-this-weedmemes.jpg&f=1&nofb=1&ipt=2707e54a366c3b946c60c1a25631c3a06c4802d61206ebc9b0cc75e0f019a821&ipo=images)
5th Circuit of Appeals Strikes down bump stock ban 13-3 - grayfox - 01-08-2023
Additional information from the ruling...
[FONT=&]Additionally, Elrod explainedthat the courts majority found the ATFs bump stock ban violated the rule oflenity by imposing criminal liability on people who had legally purchased aproduct against which there was no law.[/FONT]
[FONT=&](Judge) Elrod wrote:[/FONT]
[INDENT][FONT=&]A rich legal tradition supports the well known rule thatpenal laws are to be construed strictly (United States v.Wiltberger). As Chief Justice Marshall explained long ago, the ruleis founded on the tenderness of the law for the rights of individuals; and onthe plain principle that the power of punishment is vested in the legislative,not in the judicial department. It is the legislature, not the Court, which isto define a crime, and ordain its punishment.[/FONT][/INDENT]
[FONT=&]The Fifth Circuits decision can be appealed to the SupremeCourt of the United States. At this time, no indication has been given as towhether or not an appeal will be filed.[/FONT]
[FONT=&]The Fifth Circuits application of the rule of lenity couldcome into play in lawsuits against an anticipated ATF ban on stabilizer bracesfor AR pistols. It is presumed that the ATFs stabilizer brace ban will giveowners a set amount of time to turn them in, after which time those whocontinue to possess them will be committing a crime.[/FONT]