Utah gun rights advocate loses appeal to block Trump administration bump stock ban
BY Herschel Smith
4 years, 6 months ago
News from one of the corrupt circuits.
SALT LAKE CITY — A federal appeals court has rejected a Utah gun enthusiast’s attempt to block a Trump administration rule that bans a gun accessory known as a bump stock.
A three-judge panel from the 10th Circuit Court of Appeals in Denver upheld a district court ruling last year that found Clark Aposhian wasn’t likely to win his challenge to a Bureau of Alcohol, Tobacco, Firearms and Explosives rule that classifies bump stocks as machine guns. The court also found that he failed to show that blocking the ban would not hurt the public’s interest.
“Moreover, the public has a strong interest in banning the possession and transfer of machine guns, including bump stocks. The ban supports the safety of the public in general, and the safety of law enforcement officers and first responders,” according to the 2-1 decision.
Continuing the mythology, I see, as long as it serves their interests.
In a dissenting opinion, Judge Joel Carson concluded that a semiautomatic weapon equipped with a bump stock isn’t a machine gun under federal law.
To be considered a machine gun the trigger must function only once to fire more than one shot, and the mechanism that allows the trigger to function must be self-acting or self-regulating, he wrote.
“So does a bump stock increase the speed by which the user can fire rounds? Yes,” Carson wrote. “But does that mean the firearm to which it is attached is a machine gun under the National Firearms Act? No.”
He has a sense of honor, so he lacks the necessary temperament to sit on a court of any kind.
Never forget it was the NRA and Trump who gave you this.
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On May 12, 2020 at 8:49 am, X said:
Quite aside from the very relevant facts that the bump-stock ban is 1) a violation of the Second Amendment, and b) directly contradicts the Federal definition of what a “machine gun” is, there is also the very serious question of the Fifth Amendment’s Takings Clause. Even if we were to assume that the ban itself is legal (which it isn’t) the government simply ordered people to surrender or destroy personal property without any compensation.
And the courts simply DGAF.
When you go to court you discover some very strange things about your “constitution” — namely, that it does NOT grant you the right to own a gun or have any personal property… but it very clearly DOES guarantee the right to anal sodomy and the right to baby-murder.
On May 12, 2020 at 4:28 pm, Pat Hines said:
I think the estimate of bump stock ownership is in excess of 500,000 nationwide. That means there are 500k new felons in possession.
On May 12, 2020 at 7:38 pm, George1 said:
Not to mention that with a rubber band of the proper size you can accomplish the same thing. Or even a belt loop