03-26-2021, 01:45 AM
ATF Loses Bumpstock Case Today at the 6th Circuit | The Civil Rights Lawyer
ATF loses case on bump stocks in circuit ct of appeals, (quoting from article):
Today, the U.S. Court of Appeals for the Sixth Circuit reversed the district courts decision, which had denied GOAs motion for a preliminary injunction on bump stocks. Gun Owners of America is seeking an injunction to prevent ATF from implementing a final rule incorrectly classifying bump stocks as machineguns under federal law.
This case was brought by Gun Owners of America (GOA), Gun Owners Foundation (GOF), the Virginia Citizens Defense League (VCDL), Matt Watkins, Tim Harmsen of the Military Arms Channel, and GOAs Texas Director, Rachel Malone.
Todays court decision is great news and told gun owners what they already knew, said GOA Senior Vice President Erich Pratt. We are glad the court applied the statute accurately, and struck down the ATFs illegal overreach and infringement of gun owners rights.
The big issue, according to the court, (quoted from this article):
[FONT="]One of my favorite parts of the opinion. Boy does this sound familiar:[/FONT]
[INDENT]First, giving one branch the power to both draft and enforce criminal statutes jeopardizes the peoples right to liberty. The concern over the potential abuse of power if the executive can define crimes predates our nations founding. See THE FEDERALIST NO. 47, at 251 (James Madison) (quoting Baron de Montesquieu that [t]here can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates); 1 WILLIAM BLACKSTONE, COMMENTARIES *146 (1753) (In all tyrannical governments, the supreme magistracy, or the right of both making and of enforcing the laws, is vested in one and the same man, or one and the same body of men; and wherever these two powers are united together, there can be no public liberty.); JOHN LOCKE, SECOND TREATISE OF CIVIL GOVERNMENT § 143, pp. 324-25 (T. Hollis ed., 1764) (1690).
[/INDENT]
ATF loses case on bump stocks in circuit ct of appeals, (quoting from article):
Today, the U.S. Court of Appeals for the Sixth Circuit reversed the district courts decision, which had denied GOAs motion for a preliminary injunction on bump stocks. Gun Owners of America is seeking an injunction to prevent ATF from implementing a final rule incorrectly classifying bump stocks as machineguns under federal law.
This case was brought by Gun Owners of America (GOA), Gun Owners Foundation (GOF), the Virginia Citizens Defense League (VCDL), Matt Watkins, Tim Harmsen of the Military Arms Channel, and GOAs Texas Director, Rachel Malone.
Todays court decision is great news and told gun owners what they already knew, said GOA Senior Vice President Erich Pratt. We are glad the court applied the statute accurately, and struck down the ATFs illegal overreach and infringement of gun owners rights.
The big issue, according to the court, (quoted from this article):
[FONT="]One of my favorite parts of the opinion. Boy does this sound familiar:[/FONT]
[INDENT]First, giving one branch the power to both draft and enforce criminal statutes jeopardizes the peoples right to liberty. The concern over the potential abuse of power if the executive can define crimes predates our nations founding. See THE FEDERALIST NO. 47, at 251 (James Madison) (quoting Baron de Montesquieu that [t]here can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates); 1 WILLIAM BLACKSTONE, COMMENTARIES *146 (1753) (In all tyrannical governments, the supreme magistracy, or the right of both making and of enforcing the laws, is vested in one and the same man, or one and the same body of men; and wherever these two powers are united together, there can be no public liberty.); JOHN LOCKE, SECOND TREATISE OF CIVIL GOVERNMENT § 143, pp. 324-25 (T. Hollis ed., 1764) (1690).
[/INDENT]
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