GOA v Garland: 6th Circuit bump stock win

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  • Growler215

    Ultimate Member
    Dec 30, 2020
    2,156
    SOMD
    Sure seems like this would force SCOTUS to take this up.

    I guess ATF could let different federal laws apply in different states rather than appeal if they think they might lose, but seems unlikely.
     

    alucard0822

    For great Justice
    Oct 29, 2007
    17,643
    PA
    This win is critical for building precedent for ATF buffoonery or executive orders that are probably on their way if we can manage to stop gun control in congress.
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,234
    Montgomery County
    I hope everyone who keeps complaining that Trump let ATF do this, thereby heading off a widely supported impending bill in congress that would have done it (and much more, much worse) instead through new law, is appreciating how that was deliberately played by the bad orange man. A simple regulatory effort can be trivially reversed or tossed in court FAR more easily than can an actual law, especially one that was gathering significant bi-partisan support immediately in the wake of Parkland and Vegas.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    This win is critical for building precedent for ATF buffoonery or executive orders that are probably on their way if we can manage to stop gun control in congress.

    Even more importantly, it establishes that Chevron Deference is not to be applied against criminal statutes. That's big, and goes way beyond bump stocks.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll
    I hope everyone who keeps complaining that Trump let ATF do this, thereby heading off a widely supported impending bill in congress that would have done it (and much more, much worse) instead through new law, is appreciating how that was deliberately played by the bad orange man. A simple regulatory effort can be trivially reversed or tossed in court FAR more easily than can an actual law, especially one that was gathering significant bi-partisan support immediately in the wake of Parkland and Vegas.

    Yeah, I am sure that was his exact reasoning for doing what he did. Where is the sarcasm button?

    What was his reasoning for stating that we should take guns from people and have a hearing afterward, wherein he was supporting red flag laws? Would love to hear his thought process behind that one.

    If only he was smart enough to foresee that asking people to wear masks would NOT destroy the market or create panic in America, he would still be President.

    End of the day, this opinion is awesome. If the ATF has any brains, it will let it lay as it is not precedent in any of the other Circuits. Might take another opposing opinion in another Circuit before SCOTUS will take this up anyway. Would be great if ATF files a writ of certiorari and SCOTUS denies it.
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,234
    Montgomery County
    Yeah, I am sure that was his exact reasoning for doing what he did. Where is the sarcasm button?

    You don't need a sarcasm button. That WAS why it was done that way. To head off a far more egregious piece of looming legislation that would have been wildly harder to alter, later. There have been many lengthy articles written by people who interviewed lawmakers and folks in the administration (and the agency), and that is exactly how it played out. The Dems were salivating at an opportunity to crank out AWB 2.0, UBCs on steroids, mag capacity limits with no grandfathering, and more, all under the rubric of getting those evil bump stock machine guns off the street ... and while we're at it, more or less DiFi's entire perennial wish list.

    They had the whole D caucus ready to bite, and quite a few Rs who couldn't find the cojones to shout down the media and activists who were newly armed with the Vegas mass murder event to make it unavoidable. Getting the ATF to act immediately at the regulatory level gave the Rs and some Ds cover to say they no longer needed to back a bill that led off with evil bump stocks as its headliner, since the ATF already took the fun out of it. That happened with a huge flurry of behind the scenes activity that included NRA-ILA people and more explaining to the administration how bad NOT acting administratively would be. The Dems were already ordering champagne in anticipation of their new instant ban bill, and Trump killed it just like he killed Nancy's entourage flight to Egypt during the budget shut down: with prejudice, through some stagecraft and fast action.

    So no, no sarcasm needed. It's what happened. It was less in anticipation of what just happened in court (though that was part of what the ILA lawyers and others used to sell the idea to the administration), and more about pulling the rug out from under a truly awful 2A clamp-down that was all but inevitable and would take many years to undo, if ever. The people who got that to happen deserve thanks, not scorn. Doesn't mean we have to like it, but the alternative was monumentally worse and WAS about to happen.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,359
    SoMD / West PA
    End of the day, this opinion is awesome. If the ATF has any brains, it will let it lay as it is not precedent in any of the other Circuits. Might take another opposing opinion in another Circuit before SCOTUS will take this up anyway. Would be great if ATF files a writ of certiorari and SCOTUS denies it.

    There already are opposing opinions against bump stocks in the other circuits at the appellate level.

    I was a bit surprised this one popped up so late.
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,947
    Marylandstan
    https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0070p-06.pdf] opinion here

    "Because an agency’s interpretation of a criminal statute is not entitled to Chevron deference and because the ATF’s Final Rule is not the best interpretation of § 5845(b), we REVERSE the district court’s judgment and REMAND for proceedings consistent with this opinion."

    I did like the win too.
    Also.
    But as judges, we cannot amend § 5845(b). See Henson v. Santander Consumer USA Inc., 137 S. Ct. 1718, 1726 (2017)
    (“[T]he proper role of the judiciary . . .
    [is] to apply, not amend, the work of the People’s representatives.”).
    And neither can the ATF. See Dodson, 519 F. App’x at 349
    (“The ATF does not have the ability to redefine or create exceptions to
    Congressional statutes.”). This is because the separation of powers requires that any legislation pass through the legislature, no matter how well-intentioned or widely supported the policy might be. copy from page 34 of opinion.
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,578
    Hazzard County
    The Sixth is 5 Ds, 11 Rs on active service. The Chief Judge is a Clinton appointee, but for some reason, I doubt we'll see en banc.

    Doing a bit of searching on the current middle Justice, it seems Kavanaugh dissented about Chevron in Lorenzo v. Securities and Exchange Commission.
    Lorenzo went to the Supreme Court, where Kavanaugh's position lost, to Breyer's majority (joined by Roberts, Ginsburg, Alito, Sotomayor, Kagan) and dissent by Thomas (joined by Gorsuch)

    But Thomas, Gorsuch, Kavanaugh, and possibly Barrett (I can't find any Chevron cases with her) do not make five. Will Alito reclaim his "Machine Gun Sammy" moniker?
     

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