GOA goes to Cinti for injunction on Bump Stock Ban

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bignflnut
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GOA goes to Cinti for injunction on Bump Stock Ban

Post by bignflnut »

So here’s the bottom line: Gun Owners of America has asked the Sixth Circuit Court of Appeals in Cincinnati, Ohio to grant an immediate stay so that gun owners will be protected, and not have to turn in or destroy their bump stocks, while we argue the merits of the case.

You can read our Sixth Circuit request here.
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Re: GOA goes to Cinti for injunction on Bump Stock Ban

Post by MikeACP »

So, did anything come of this? Anyone heard of a decision.
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Re: GOA goes to Cinti for injunction on Bump Stock Ban

Post by kcclark »

Does not appear that the 6th did anything so GOA appealed to the US Supreme Court Monday evening.

https://abcnews.go.com/Politics/gun-adv ... d=61784843
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Re: GOA goes to Cinti for injunction on Bump Stock Ban

Post by kcclark »

The Sixth Circuit denied a request for a stay.
https://www.thetruthaboutguns.com/2019/ ... forcement/
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Re: GOA goes to Cinti for injunction on Bump Stock Ban

Post by bignflnut »

kcclark wrote:Does not appear that the 6th did anything so GOA appealed to the US Supreme Court Monday evening.
Any bets on the Great SCOTUS Goalie standing aside?
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908

Republicans.Hate.You. See2020.

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
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Re: GOA goes to Cinti for injunction on Bump Stock Ban

Post by bignflnut »

Today, Chief Justice Roberts denied a motion to stay the bump-fire ban rule pending a final ruling by the courts. If you possess a bump stock, you are now a felon.

When Trump announced his intent to ban bump-fire stocks, Kool-Aid swigging idiots laughed it off. Nah; he’s posturing for the press.

When he sent his memo directing DOJ to begin crafting the rule, it was, Nah, they’ll ‘research’ it and ‘decide’ it isn’t called for.

When the ATF published the ANPRM, morons said, Nah; it’s a trick. They’ll take comments and ‘decide’ it’s unjustified, but Trump still gets to pretend he tried.

When the NPRM came out… rinse, lather, repeat.

When the final rule was published, the sandy-eyed ostriches declared, Don’t worry. Trump is a four-dimensional chess master; he knows the courts will overturn it. He’s gaming the system.
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“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908

Republicans.Hate.You. See2020.

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
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Re: GOA goes to Cinti for injunction on Bump Stock Ban

Post by bignflnut »

U.S. Chief Justice John Roberts on Tuesday rejected a bid by gun rights activists to put on hold a ban by President Donald Trump's administration on "bump stock" gun attachments that enable semi-automatic weapons to be fired rapidly.

Justice Sonia Sotomayor has not yet acted on another similar request. The ban goes into effect on Tuesday but lower courts have yet to rule on an appeals brought by gun rights activists in Michigan and the U.S. capital.
Wouldn't that be rich?

OBTW more people are seeing CJ Roberts as a non-conservative judge:
There has been a lot of angst in conservative circles over the bizarre reasoning used by Chief Justice John Roberts in National Federation of Independent Business v. Sebelius, the case that saved Obamacare. In that case, you’ll recall, the Supreme Court ruled by 5-4 that the individual mandate was actually a tax and therefore permissible. “How can that be?” is a thought a lot of us ere thinking at the time and now we know the answer. It can’t be.

CNN’s “CNN legal analyst & Supreme Court biographer” Joan Biskupic purports to give us the behind the scenes story. It is coming from CNN and therefore needs to be treated with extreme caution because there is at least a 50-50 chance that it is disinformation, but it rings true and because of that it is ominous.

SNIP

The story starts with the first conference held after an extraordinary three full days of arguments on the case. According to Biskupic, at this initial vote it was 5-4 against Obamacare. But the vote changed after Roberts became squeamish about invalidating the whole law.

SNIP

The individual mandate was forcing perfectly healthy people to buy a product they might not want, probably didn’t need, and, in many cases, couldn’t afford. The fact that the Democrats didn’t make the mandate severable from the rest of the law is a clear indication that they knew the mandate was illegal and simply dared the Supreme Court to invalidate Obama’s signature program. And in John Roberts they had their man–cold.

SNIP

I don’t believe it takes a lot to understand what happened here. He was looking at a 5-4 split invalidating a law that the president had devoted a lot of political capital to put in place. He was afraid the backlash from the decision would make the Supreme Court look as though it had acted to damage Obama politically. Roberts decided to give Obama a win when he couldn’t get his fellow conservatives to engage in results-oriented jurisprudence. In doing that he could limit the impact of the ruling by writing the decision. In return he got a 7-2 vote on Medicaid.

SNIP

This also explains why Roberts seems to be perfectly happy to have the Second Amendment be relegated to the status of a pseudo-right. All the talk of court packing seems to be aimed as much on intimidating Roberts as it does on actually doing it.

The unfortunate thing is that Roberts seems to be viewing the credibility of SCOTUS as something to be established in each case and measured by its popularity. That isn’t the way things work. And his willingness to turn himself into a logical pretzel in search of credibility is going to end up robbing him of that which he seeks.
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Re: GOA goes to Cinti for injunction on Bump Stock Ban

Post by kcclark »

6th Circuit has now ruled:
Today, the U.S. Court of Appeals for the Sixth Circuit reversed a district court decision which had denied Gun Owners of America’s motion for a preliminary injunction preventing the ATF from implementing a final rule classifying bump stocks as machine guns under federal law.
Pratt added that the court understood our argument when they included in the opinion that: “A bump stock may change how the pull of the trigger is accomplished, but it does not change the fact that the semiautomatic firearm shoots only one shot for each pull of the trigger.”
https://www.thetruthaboutguns.com/break ... hine-guns/

Just noticed this is 2 years to the day after the original post.
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Re: GOA goes to Cinti for injunction on Bump Stock Ban

Post by DOA33 »

Now what? BS is legal again or just waiting for it to go the fed SC and they make the final call?
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Re: GOA goes to Cinti for injunction on Bump Stock Ban

Post by kcclark »

DOA33 wrote:Now what? BS is legal again or just waiting for it to go the fed SC and they make the final call?
As of now, bump stocks are not yet legal.

The 6th Circuit panel has ordered the case back to the lower court with instructions to stop ATF overreach.
https://dailycaller.com/2021/03/26/bump ... ever-were/
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Re: GOA goes to Cinti for injunction on Bump Stock Ban

Post by WhyNot »

Plan A- donate to viable 2A group who files suit
Plan B- call and complain to Senators, Reps
Plan C- complain & ''feel good'' on 2A message boards, having accomplished a great victory in the mind, only
Plan D- take index finger horizontal to lips, wet lips, move finger up & down and vibrate quickly




I did A & B
Acquisitions thus far:

-Slingshot
-Butter knife
-Soda straw and peas
-Sharpened pencil
-Newspaper roll
--water balloon (*diversionary*)

Yeah, I'm that good
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Re: GOA goes to Cinti for injunction on Bump Stock Ban

Post by bignflnut »

WhyNot wrote: Plan C- complain & ''feel good'' on 2A message boards, having accomplished a great victory in the mind, only
Image
This is also my response when people insist on A & B - fighting in the courts
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908

Republicans.Hate.You. See2020.

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
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