01-08-2023, 02:30 AM
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]
[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]
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