Elkins45
Member
I know the ban has been ruled against in at least one Federal Circuit, maybe more. Does that have any practical significance, especially for people who live in those circuits?
The ATF would never try to act autonomously, would they?Last I heard the ATF if ignoring the rulings and still pretending they're machine guns.
I like this. Factual, and pretty logical. One question to take this further though… assuming that the ban is upheld somehow, would a person who was found to be in “illegal possession” today be subject to prosecution at a later date? If the ban is overturned then it’s all water under the bridge, but if it’s upheld and a person just so happens to find or make a bumpstock today while the injunction is in place but has permanently disposed of it before the ruling is released, would they be subject to prosecution, or would they have to be found in noncompliance with the ban after the ruling before they are subject to prosecution?There has been no final rulings in any of the brace cases yet. Several judges have imposed injunctions against the brace regulation pending the outcome of the cases. Those injunctions have various scopes of who is protected but one of them it's a nation wide injunction covering everyone. The injuction means that law enforcement and the ATF cannot enforce this regulation until the court cases challenging it have been resolved. An injuction like this usually indicates that it the regulation is very like to be struck down by the court but there is no guarantee.
And, that's why the Legal Forum tends to be strict about requiring citations of law rather than news stories or opinions, as those latter two can muddy understanding.I’m just trying to understand the mess.
Very little and I completely miss read the title of this thread, sorry about that.In what way are bumps stocks and braces linked?
What is the current legal status of bump stocks? ... ban has been ruled against in at least one Federal Circuit, maybe more.
Bump stock rulings - https://www.thehighroad.org/index.php?threads/atf-bump-stock-lawsuits.921442/#post-12731477... why the Legal Forum tends to be strict about requiring citations
Supreme Court activity update - https://www.thehighroad.org/index.php?threads/atf-bump-stock-lawsuits.921442/#post-12805401Guedes v BATFE is before the US Supreme Court and primary briefs have been submitted. US v Cargill is set for argument Feb 28, 2024.
"You have the right to remain silent. Anything you say can be used against you in court ... you have the right to stop answering at any time."So did everyone who bought a bump stock notified by the ATF or is it all on yourself to dispose of it? Not sure how they would know unless they tracked them all down eh?
Yes well Miranda lived here in town so I know it well. But, that didn't answer my question as to how they would find out unless they grabbed records of transactions."You have the right to remain silent. Anything you say can be used against you in court ... you have the right to stop answering at any time."
Of course, I advocate being law abiding citizens and staying on the legal side of the law.
....that didn't answer my question as to how they would find out unless they grabbed records of transactions.
Sir, that was a clear cut question about how the ATF works, not speculation or anything near suggesting people violate the law.This is the legal section, not the speculation section. If you want to assume you are invisible go ahead and see how that works for you, but please don't be suggesting violation of or disregard for laws governing these things.
"How they would know" is not relevant to whether or not bump stocks are legal. Probing the limits of detection is not what we do here. If we can't seem to respond to the OP regarding the current state of the law, it is time to close this thread.So did everyone who bought a bump stock notified by the ATF or is it all on yourself to dispose of it? Not sure how they would know unless they tracked them all down eh?