Federal Judge Destroys DOJ in Opinion on Bump stocks.

wolfwood · Mar 31, 2020

If you read any opinion I link to read this. Its a takings opinion from Texas on the bump stock ban. It denied the government's motion to dismiss. Here is a highlight.

"Perhaps there is one more place, where the collective will and knowledge of the people is expressed, that might indicate if the federal government has seized the police power from the states: the Constitution Wikipedia.49 But strangely, even Wikipedia has overruled neither the Constitution nor the Supreme Court:"

kalister1 · Mar 31, 2020

Document has been removed from SCRIBD

Occam · Mar 31, 2020

kalister1 said:
Document has been removed from SCRIBD

But the other link works.

And ... wow. I'd never really thought about it in this context. And, now this has me scratching my head over the FBI, BATFE, DEA, etc.

Boxcab · Mar 31, 2020

Someone was taken to the woodshed in that ruling... snark and all.

.

GunBum · Mar 31, 2020

Ouch. The DOJ should have a nice red hand mark from that slap.

PowPow · Mar 31, 2020

That order was some EXCELLENT reading!

Qbeam · Mar 31, 2020

What does this mean in the grand scheme of things?

Q

MigraineMan · Mar 31, 2020

That was pretty awesome. "Why don't you come back in 28 days with an argument based on authority you actually do have?"

MigraineMan · Mar 31, 2020

Qbeam said:
What does this mean in the grand scheme of things?

The States still run the show.

vgplayer · Mar 31, 2020

Wow that made my day.

motorcoachdoug · Apr 1, 2020

Well ATF was taken to the woodshed where a leather belt was used on them telling them they have no police power. Someone in AT really screwed up BIG time !

welder516 · Apr 1, 2020

How does this help the common free man/woman ?

Can this now be challenge in each state or is this just federal , each state then has the final say . And last i looked i am still in Maryland

Bob A · Apr 1, 2020

No police power?

Wrong. Here's the deal; they have guns, free lawyers paid for by you and I, and full backup from every element of dotGov, except for one lowly judge.

Here's a quote that explains a lot:

All political power comes from the barrel of a gun. The communist party must command all the guns, that way, no guns can ever be used to command the party.

- Chairman Mao

(Change "Communist" to "Democratic" and attribute it to 66% of MD's General Assembly, and try to find a difference. Yes, I get it that this isn't a MD issue; it still works as an explanation.)

JerseyMike · Apr 1, 2020

Plaintiff should file an amended complaint after the Feds refile their motion to dismiss and make clear that they are also challenging the constitutionality of the ban in addition to the takings claim.

Atlasarmory · Apr 1, 2020

Good read

777GSOTB · Apr 2, 2020

JerseyMike said:
Plaintiff should file an amended complaint after the Feds refile their motion to dismiss and make clear that they are also challenging the constitutionality of the ban in addition to the takings claim.

The only constitutional claim is the taking claim, which I doubt they argued properly. The other issue is under administrative law that involves an administrative agencies new interpretation of a law.

TheOriginalMexicanBob · Apr 2, 2020

Bob A said:
(Change "Communist" to "Democratic" and attribute it to 66% of MD's General Assembly, and try to find a difference. Yes, I get it that this isn't a MD issue; it still works as an explanation.)

I refer to it as the "Democrat" Party and not "Democratic" Party. There's nothing democratic about the Democrat Party.

mattsomer · Apr 2, 2020

TheOriginalMexicanBob said:
I refer to it as the "Democrat" Party and not "Democratic" Party. There's nothing democratic about the Democrat Party.

Agree!

mattsomer · Apr 2, 2020

That was a good read. Hopefully when its appealed to higher courts they will agree.

BlueHeeler · May 8, 2020

Bad news bears

Utah gun advocate loses appeal to block bump stock ban

https://apnews.com/65d1c15b7df3961dd3e2161221ab3c4d

Federal Judge Destroys DOJ in Opinion on Bump stocks.

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