From the Washington Times:
A federal appeals court Thursday ruled that a federal regulation barring bump stocks is likely illegal and was incorrect in claiming that the devices make a weapon a machine gun.
The 6th U.S. Circuit Court of Appeals ruled that the accessories are not subject to a 2018 ban imposed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) at the order of then-President Donald Trump.
But, the 6th Circuit ruled in a 2-1 decision, the 2018 finding by BATF that bump stocks were machine guns, which reversed a 2010 finding on the same subject, was in error and the lower-court was wrong to refuse to issue an injunction against the regulation.
In the 2-1 decision, Judges Alice Batchelder and Eric Murphy ruled that the regulation alters criminal law and thus has to be done by Congress.
“it is not the role of the executive – particularly the unelected administrative state – to dictate to the public what is right and what is wrong,” they wrote.
Finally! Some good news from the courts on the gun rights front.
But why does this take nearly three years to decide?
And in another case, from Hawaii, which we lost
An appeals court ruled on March 24 that states may restrict people from openly carrying firearms in public—upholding a Hawaii regulation that severely limits open carry permits.
The U.S. 9th Circuit Court of Appeals ruled 7–4 that restrictions on carrying guns in public except for hunting don’t violate the Second Amendment’s right to bear arms.
This case started in 2012. That was nearly nine years ago!
At least the case can now be appealed to SCOTUS.
I suspect the reason for the extreme delays, another violation of the Bill of Rights, is because the “progressives” want more time to “fix” the courts.
We have all these cases about who can use what bathroom. There much more important, don’t ‘cha know?
Your a felon in so many other ways under the law, anyway. What’s the big deal with the piece of plastic crap?
Don’t feel optimistic just because some case is now “headed for the SCOTUS”.
As in the Ninth Circus Courts ruling on carrying….concealed or openly. And this ruling applies to ALL the states in that district, not just Hawaii. The SCOTUS is NOT COMPELLED in any way to hear an appeal of this ruling. If they wish they can refuse to hear an appeal….which is a defacto rubber stamp of approval of that courts ruling. And the current court is certainly NOT pro 2A…..if they heard an appeal they might rule to EXPAND the governments assault on 2A rights.
Assuming that the courts follow the law and the Constitution is folly. They have proven REPEATEDLY that the Constitution and OUR RIGHTS are irrelevant.