GOA v Garland: 6th Circuit bump stock win

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • delaware_export

    Ultimate Member
    Apr 10, 2018
    3,142
    So, from the legal side, for states that passed bumper / crank trigger laws after Vegas, what is the effect of this case?

    It’s no longer about if the atf did something or not.

    The usual culprit states will pass a similar ban, if they haven’t already, and viola.

    How would or could this be applied to states that just don’t like these things and write laws that ban them?

    Legal folk?
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    So, from the legal side, for states that passed bumper / crank trigger laws after Vegas, what is the effect of this case?

    It’s no longer about if the atf did something or not.

    The usual culprit states will pass a similar ban, if they haven’t already, and viola.

    How would or could this be applied to states that just don’t like these things and write laws that ban them?

    Legal folk?

    Depends on which Federal Circuit you live in. If you're in 6th, you're good to go. If you live in 4th, 1st, 2nd, 3rd, or 9th, you're SOL.
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,142
    If you could peek and offer insight to my question above. This case seems to be federal, alphabet agencies and rule making..

    Even if the atf stuff is blocked, how does this effect STATE laws passed ? If at all? At that point, they don’t seem to be relying on chevron. It’s the legislature passing a law. Effect? If any of this case?

    Example: Delaware’s bump/crank law.

    If you were to go by who appointed the judges, then it is some what surprising.

    16 Judges; 3 Clinton, 5 GW Bush, 2 Obama, and 6 Trump.

    https://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Sixth_Circuit
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    If you could peek and offer insight to my question above. This case seems to be federal, alphabet agencies and rule making..

    Even if the atf stuff is blocked, how does this effect STATE laws passed ? If at all? At that point, they don’t seem to be relying on chevron. It’s the legislature passing a law. Effect? If any of this case?

    Example: Delaware’s bump/crank law.

    You are correct. This case is entirely federal and even if the atf stuff is blocked, any state laws passed would remain in effect. A separate case would be needed to address any applicable state laws.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    What's your take on it?

    I think both sides focused on statutory interpretation. While both sides have a point, I suspect the government may have an advantage based on the fact that 4 of the 4 district courts have found in the governments favor.

    I think it is a dumb way to argue the case. I would have focused on why the government is arbitrarily and capriciously interpreting the statue incorrectly. Hopefully the sixth circuit will adopt my arguments.
     

    camo556

    Ultimate Member
    Aug 29, 2021
    2,634
    did the ATF expressly disavow Chevron in this case, as they did in others?
     

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    274,918
    Messages
    7,258,713
    Members
    33,348
    Latest member
    Eric_Hehl

    Latest threads

    Top Bottom