- Banned
- #1
It looks like Bruen is reaping it's magic.
The 5th Federal Circuit Court overturned the ban on bump stocks. The ban did not withstand strict scrutiny as required in Bruen.
And this is the true effect of Bruen.
Low level and district judges are still going to be asshats; because they think they're insulated (and to be fair, they are) from Clarence Thomas.
But at the circuit level, where they're one step below SCOTUS and can be directly slapped, they're going to be a lot more cautious, particularly with en banc opinions.
Hopefully a lot more of oppressive gun controls laws can get overturned now.
Cargill En Banc.pdf
The definition of "machinegun” as set forth in the National Firearms Act and Gun Control Act does not apply to bump stocks. And if there were any doubt as to this conclusion, we conclude that the statutory definition is ambiguous, at the very least. The rule of lenity therefore compels us to construe the statute in Cargill’s favor. Either way, we must REVERSE
The 5th Federal Circuit Court overturned the ban on bump stocks. The ban did not withstand strict scrutiny as required in Bruen.
And this is the true effect of Bruen.
Low level and district judges are still going to be asshats; because they think they're insulated (and to be fair, they are) from Clarence Thomas.
But at the circuit level, where they're one step below SCOTUS and can be directly slapped, they're going to be a lot more cautious, particularly with en banc opinions.
Hopefully a lot more of oppressive gun controls laws can get overturned now.
Cargill En Banc.pdf
The definition of "machinegun” as set forth in the National Firearms Act and Gun Control Act does not apply to bump stocks. And if there were any doubt as to this conclusion, we conclude that the statutory definition is ambiguous, at the very least. The rule of lenity therefore compels us to construe the statute in Cargill’s favor. Either way, we must REVERSE
