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Federal judge dismisses machine gun case. Calls ban unconstitutional Login/Join 
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Interesting.

https://www.reuters.com/legal/...tutional-2024-08-23/


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Posts: 16304 | Registered: 20 September 2012Reply With Quote
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Likely to be reversed, I bet.

Jim
 
Posts: 7018 | Location: Coeur d' Alene, Idaho, USA | Registered: 08 March 2013Reply With Quote
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Yep.. likely to be tossed


opinions vary band of bubbas and STC hunting Club

Information on Ammoguide about
the416AR, 458AR, 470AR, 500AR
What is an AR round? Case Drawings 416-458-470AR and 500AR.
476AR,
http://www.weaponsmith.com
 
Posts: 40037 | Location: Conroe, TX | Registered: 01 June 2002Reply With Quote
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I don’t think this ruling being overturned is guaranteed.

The reason being a “Glock switch” sounds an awful lot like a bump stock.

The overall holding that the NFA is unconstitutional might be reversed, but the application of the NFA to the “Glock switch” could upheld. Stayed otherwise a majority could reason the 2nd Amendment does not ban Congress from restricting the possession and transfer of fully automatic weapons, but find a “Glock switch” is not restricted from possession and transfer by the NFA as currently written.
 
Posts: 12566 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
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trump appointee.....so it's not a particularly well-reasoned opinion/order....

If anybody's interested, you can read it here:

https://fingfx.thomsonreuters....x/08232024kansas.pdf


-Every damn thing is your own fault if you are any good.

 
Posts: 16304 | Registered: 20 September 2012Reply With Quote
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quote:
Originally posted by LHeym500:
I don’t think this ruling being overturned is guaranteed.

The reason being a “Glock switch” sounds an awful lot like a bump stock.

The overall holding that the NFA is unconstitutional might be reversed, but the application of the NFA to the “Glock switch” could upheld. Stayed otherwise a majority could reason the 2nd Amendment does not ban Congress from restricting the possession and transfer of fully automatic weapons, but find a “Glock switch” is not restricted from possession and transfer by the NFA as currently written.


Bumpstock was overturn I think this week

Glock switch is an UNREGISTERED machine gun


opinions vary band of bubbas and STC hunting Club

Information on Ammoguide about
the416AR, 458AR, 470AR, 500AR
What is an AR round? Case Drawings 416-458-470AR and 500AR.
476AR,
http://www.weaponsmith.com
 
Posts: 40037 | Location: Conroe, TX | Registered: 01 June 2002Reply With Quote
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quote:
Originally posted by LHeym500:
I don’t think this ruling being overturned is guaranteed.

The reason being a “Glock switch” sounds an awful lot like a bump stock.

The overall holding that the NFA is unconstitutional might be reversed, but the application of the NFA to the “Glock switch” could upheld. Stayed otherwise a majority could reason the 2nd Amendment does not ban Congress from restricting the possession and transfer of fully automatic weapons, but find a “Glock switch” is not restricted from possession and transfer by the NFA as currently written.


More closely related to the Pederson Device?


TomP

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Posts: 14730 | Location: Moreno Valley CA USA | Registered: 20 November 2000Reply With Quote
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Engineering standpoint probably.
 
Posts: 12566 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
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No, tom.. while the functioning of a glock is different than an AR, the functionality is akin to installing an unregistered auto sear in an ar, creating an illegal machine gun. Jast like an auto selector , the switch is flipped to allow the sear to fire while the trigger is held. And from videos I have seen, utterly uncontrollable


opinions vary band of bubbas and STC hunting Club

Information on Ammoguide about
the416AR, 458AR, 470AR, 500AR
What is an AR round? Case Drawings 416-458-470AR and 500AR.
476AR,
http://www.weaponsmith.com
 
Posts: 40037 | Location: Conroe, TX | Registered: 01 June 2002Reply With Quote
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quote:
Originally posted by LHeym500:
Engineering standpoint probably.


Might just Stick to law and legal studies


opinions vary band of bubbas and STC hunting Club

Information on Ammoguide about
the416AR, 458AR, 470AR, 500AR
What is an AR round? Case Drawings 416-458-470AR and 500AR.
476AR,
http://www.weaponsmith.com
 
Posts: 40037 | Location: Conroe, TX | Registered: 01 June 2002Reply With Quote
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Who decides if it is an auto sear. The ATF. That decision no longer gets deference.

Thus, the same rational could be applied to the Glock trigger.

The Court will now have to decide.
 
Posts: 12566 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
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quote:
Originally posted by LHeym500:
Who decides if it is an auto sear. The ATF. That decision no longer gets deference.

Thus, the same rational could be applied to the Glock trigger.

The Court will now have to decide.

Nope.. guns aren't really you area of expertise

"18 U.S.C. 921(a)(23): Definition of machinegun
This language includes a device that, when activated by a single pull of the trigger, initiates an automatic firing cycle that continues until the finger is released or the ammunition supply is exhausted."

https://www.google.com/url?sa=...8u00MT0h6T73m36C5xk5


opinions vary band of bubbas and STC hunting Club

Information on Ammoguide about
the416AR, 458AR, 470AR, 500AR
What is an AR round? Case Drawings 416-458-470AR and 500AR.
476AR,
http://www.weaponsmith.com
 
Posts: 40037 | Location: Conroe, TX | Registered: 01 June 2002Reply With Quote
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The ATF has to decide not engineers.

Now, the ATF determination does not recurve deference. The Court will have to decide since the “ Glock switch” is not explicit in the NFA.

Court decide now. We have Tatum the determination out of the hands of the experts being the ATF.

The Courts will decide if that language includes the Glock Switch now. It use to be the ATF that interpreted that language. Now, the courts will decide w no deference to the agency.
 
Posts: 12566 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
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The one fallacy in Joshua’s post is that the ATF (or many of the bureaucracies) consists of experts.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
J. Lane Easter, DVM

A born Texan has instilled in his system a mind-set of no retreat or no surrender. I wish everyone the world over had the dominating spirit that motivates Texans.– Billy Clayton, Speaker of the Texas House

No state commands such fierce pride and loyalty. Lesser mortals are pitied for their misfortune in not being born in Texas.— Queen Elizabeth II on her visit to Texas in May, 1991.
 
Posts: 38353 | Location: Gainesville, TX | Registered: 24 December 2006Reply With Quote
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quote:
Originally posted by ledvm:
The one fallacy in Joshua’s post is that the ATF (or many of the bureaucracies) consists of experts.


Do you feel that Congress or the ATF has more experts regarding firearms?
 
Posts: 1388 | Location: Boulder mountains | Registered: 09 February 2024Reply With Quote
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quote:
Originally posted by Steve Bertram:
quote:
Originally posted by ledvm:
The one fallacy in Joshua’s post is that the ATF (or many of the bureaucracies) consists of experts.


Do you feel that Congress or the ATF has more experts regarding firearms?


Both have proven over and over more then willing to ignore. Both the mechanics of a design and then constitutionality of the law.

As far as the judges ruling it appears to be well written. But it well take years to work it way through the courts.
 
Posts: 19715 | Location: wis | Registered: 21 April 2001Reply With Quote
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quote:
Originally posted by p dog shooter:
it well take years to work it way through the courts.


Pretty sure that was by design, the SCOTUS ruling will make a mess of governance, tying nearly every piece of legislation up in the courts for years to come.

Plays right into the story line of the Government is broken and does not function correctly. Really? Surprise, surprise.
 
Posts: 1388 | Location: Boulder mountains | Registered: 09 February 2024Reply With Quote
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quote:
Pretty sure that was by design, the SCOTUS ruling will make a mess of governance, tying nearly every piece of legislation up in the courts for years to come.


SCOTUS is a equal branch of government. It is one of the 3 checks and balances.

To stop any one of them from being over powering.

Yes it is by design. The founders new this.
 
Posts: 19715 | Location: wis | Registered: 21 April 2001Reply With Quote
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quote:
Originally posted by p dog shooter:
quote:
Pretty sure that was by design, the SCOTUS ruling will make a mess of governance, tying nearly every piece of legislation up in the courts for years to come.


SCOTUS is a equal branch of government. It is one of the 3 checks and balances.

To stop any one of them from being over powering.

Yes it is by design. The founders new this.


Intentionally designed to throw a wrench in the gears of government and bring oversight to a screeching halt.

Not what the founders intended in my mind.
 
Posts: 1388 | Location: Boulder mountains | Registered: 09 February 2024Reply With Quote
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quote:
Intentionally designed to throw a wrench in the gears of government and bring oversight to a screeching halt.



Oversight by who.
 
Posts: 19715 | Location: wis | Registered: 21 April 2001Reply With Quote
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Oversight by the Executive Agencies who are tasked with interpretation and enforcement.
Now, they no longer can interpret.
This, I can see a Justice writing an opinion that concludes, “ If Congress wants to ban the possession and transfer of X, Congress must amend the Act to include X.”
 
Posts: 12566 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
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quote:
If Congress wants to ban the possession and transfer of X, Congress must amend the Act to include X.”


That is the way it should be
 
Posts: 19715 | Location: wis | Registered: 21 April 2001Reply With Quote
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Picture of ledvm
posted Hide Post
quote:
Originally posted by Steve Bertram:
quote:
Originally posted by ledvm:
The one fallacy in Joshua’s post is that the ATF (or many of the bureaucracies) consists of experts.


Do you feel that Congress or the ATF has more experts regarding firearms?


Difficult question. But I can vote against my Congressman.

I held an FFL for about a decade. My dealings with ATF revealed a less than stellar knowledge base on their end.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
J. Lane Easter, DVM

A born Texan has instilled in his system a mind-set of no retreat or no surrender. I wish everyone the world over had the dominating spirit that motivates Texans.– Billy Clayton, Speaker of the Texas House

No state commands such fierce pride and loyalty. Lesser mortals are pitied for their misfortune in not being born in Texas.— Queen Elizabeth II on her visit to Texas in May, 1991.
 
Posts: 38353 | Location: Gainesville, TX | Registered: 24 December 2006Reply With Quote
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Picture of ledvm
posted Hide Post
quote:
Originally posted by Steve Bertram:
quote:
Originally posted by p dog shooter:
quote:
Pretty sure that was by design, the SCOTUS ruling will make a mess of governance, tying nearly every piece of legislation up in the courts for years to come.


SCOTUS is a equal branch of government. It is one of the 3 checks and balances.

To stop any one of them from being over powering.

Yes it is by design. The founders new this.


Intentionally designed to throw a wrench in the gears of government and bring oversight to a screeching halt.

Not what the founders intended in my mind.


The Founders never intended a bloated bureaucracy with non-elected people writing regulations either.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
J. Lane Easter, DVM

A born Texan has instilled in his system a mind-set of no retreat or no surrender. I wish everyone the world over had the dominating spirit that motivates Texans.– Billy Clayton, Speaker of the Texas House

No state commands such fierce pride and loyalty. Lesser mortals are pitied for their misfortune in not being born in Texas.— Queen Elizabeth II on her visit to Texas in May, 1991.
 
Posts: 38353 | Location: Gainesville, TX | Registered: 24 December 2006Reply With Quote
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Picture of ledvm
posted Hide Post
quote:
Originally posted by p dog shooter:
quote:
If Congress wants to ban the possession and transfer of X, Congress must amend the Act to include X.”


That is the way it should be


Exactly!


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
J. Lane Easter, DVM

A born Texan has instilled in his system a mind-set of no retreat or no surrender. I wish everyone the world over had the dominating spirit that motivates Texans.– Billy Clayton, Speaker of the Texas House

No state commands such fierce pride and loyalty. Lesser mortals are pitied for their misfortune in not being born in Texas.— Queen Elizabeth II on her visit to Texas in May, 1991.
 
Posts: 38353 | Location: Gainesville, TX | Registered: 24 December 2006Reply With Quote
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posted Hide Post
quote:
Originally posted by ledvm:
quote:
Originally posted by Steve Bertram:
quote:
Originally posted by p dog shooter:
quote:
Pretty sure that was by design, the SCOTUS ruling will make a mess of governance, tying nearly every piece of legislation up in the courts for years to come.


SCOTUS is a equal branch of government. It is one of the 3 checks and balances.

To stop any one of them from being over powering.

Yes it is by design. The founders new this.


Intentionally designed to throw a wrench in the gears of government and bring oversight to a screeching halt.

Not what the founders intended in my mind.


The Founders never intended a bloated bureaucracy with non-elected people writing regulations either.


The Founders did not intend the first 8 amendments to apply as limitations upon states either.

This really the first 7 as the 3rd Amendment has never been litigated.
 
Posts: 12566 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
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