Mike OTDP
Ultimate Member
- Feb 12, 2008
- 3,324
Some of the arguments are clearly throw-aways. I think the real fight is over the determination in contradiction of the words of the law, the ex post facto nature, and the denial of compensation.
The head-hurter will be the precedent set in the Akins Accelerator affair. Same sort of thing - the AA was essentially a 10/22 bump stock with a spring. ATF initially ruled it not NFA, then reversed themselves...and refused to pay compensation. And the courts went along. But that didn't go to SCOTUS.
The other joker in the deck is the possibility of the Government requesting that the court direct use of the NFA'34 amnesty power to register bump stocks. There's long been a dispute over whether or not 922(o) overrides the original amnesty power. A court order would go a long way to solving that issue...and set up a badly needed amnesty/re-registration.
The head-hurter will be the precedent set in the Akins Accelerator affair. Same sort of thing - the AA was essentially a 10/22 bump stock with a spring. ATF initially ruled it not NFA, then reversed themselves...and refused to pay compensation. And the courts went along. But that didn't go to SCOTUS.
The other joker in the deck is the possibility of the Government requesting that the court direct use of the NFA'34 amnesty power to register bump stocks. There's long been a dispute over whether or not 922(o) overrides the original amnesty power. A court order would go a long way to solving that issue...and set up a badly needed amnesty/re-registration.