Utahan Appealing Bump Stock Ban Can’t Keep Device

Inigoes · May 1, 2019

I couldn't find the thread regarding the 10th circuit bump stock lawsuit.

It doesn't make sense that the court orders you to destroy something that you are appealing, leaving the court as accessory in causing harm while a case is under way.

A federal judge denied Aposhian’s request for preliminary injunction in March, leading to his appeal to the 10th Circuit. The panel allowed him to keep his bump stock temporarily while it reviewed the situation.

But on Tuesday, the three-judge panel reversed course. In a two-page order, the panel said “an injunction pending appeal is not a matter of right; it is an exercise of the court’s discretion” but offered no other reason for its change of heart.

U.S. Circuit Judges Scott Matheson and Gregory Phillips, both Barack Obama appointees, voted to deny Aposhian’s request, while U.S. Circuit Judge Joel Carson said he would have granted the motion. Carson is a Donald Trump appointee.

https://www.courthousenews.com/utahan-appealing-bump-stock-ban-cant-keep-device/

777GSOTB · May 5, 2019

Inigoes said:
I couldn't find the thread regarding the 10th circuit bump stock lawsuit.

It doesn't make sense that the court orders you to destroy something that you are appealing, leaving the court as accessory in causing harm while a case is under way.

https://www.courthousenews.com/utahan-appealing-bump-stock-ban-cant-keep-device/

They should have done a taking claim first which involves a constitutional right. Not sure why everyone decided to challenge the ruling making powers of an administrative agency...That's a long shot at best. Allowing the public to purchase machine guns for 8yrs without declaring them as such until just recently amounts to the taking of property.

lazarus · May 6, 2019

777GSOTB said:
They should have done a taking claim first which involves a constitutional right. Not sure why everyone decided to challenge the ruling making powers of an administrative agency...That's a long shot at best. Allowing the public to purchase machine guns for 8yrs without declaring them as such until just recently amounts to the taking of property.

Because the case is much stronger on the ruling making argument. ATF definitely exceeded their grasp on that one. An order from the president to implement a new rule that disregards completely decades of current agency rules (definition of an MG has been written and established for a long time. Yes it’s been 8 years since ATF decided on bumpstocks, but they clearly do NOT classify as MGs. The ATF ruling was more like them saying, yup, Forest Green is a shade of green and certainly not red and now they are saying forest green actually is a shade of red afterall).

Utahan Appealing Bump Stock Ban Can’t Keep Device

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