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US Military Court Rules Bump Stock Is Not A Machine Gun

Started by Solar, September 12, 2021, 11:25:55 PM

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Solar

On Sept. 9, the U.S. Navy-Marine Corps Court of Criminal Appeals ruled that bump stocks are not machine guns in the case U.S. v. Ali Alkazahg. This is a big win for gun owners and reaffirms the fact that items that are not machine guns by legal definition cannot be classified as machine guns simply because the ATF "feels" like they meet the definition.

Let's take a peek at the case. Private Ali Akazahg was in Hawaii on the Marine Corps base in Kaneohe Bay. While there, he was convicted of possessing two machine guns in violation of the UCMJ or Uniform Code of Military Justice. Although, these "Machine Guns" were, in fact, bump stocks. Akazahg's defense argued that bump stocks did not meet the legal definition of a machine gun.

Here's an excerpt from the decision:

"Instead, the President directed the Bureau of Alcohol, Tobacco, Firearms, and Explosives [ATF] to issue a new interpretation of a rule—that contradicted the ATF's previous interpretation—governing legislation from the 1930s. This Executive-Branch change in statutory interpretation aimed to outlaw bump stocks prospectively, without a change in existing statutes."

The court is essentially laying out the fact that the ATF bypassed Congress to create law. They go on to explain that:

"In 1986, Congress passed the Firearms Owners' Protection Act [FOPA], banning possession of machine guns not owned before 1986. FOPA also banned any parts, to include frames and receivers, which were part of a machine gun or were designed for converting a weapon into a machine gun. The current statute at issue is 26 U.S.C. § 5845(b), which defines what a machine gun is. Due to having a bump stock, Appellant was charged under the statute which states that a machine gun is "any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically, more than one shot, without manual reloading, by a single function of the trigger."

https://www.zerohedge.com/political/us-military-court-rules-bump-stock-not-machine-gun

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winterset

Common sense but unfortunately we need a FEDERAL COURT to rule the same.

Solar

Quote from: winterset on September 13, 2021, 10:39:26 AMCommon sense but unfortunately we need a FEDERAL COURT to rule the same.
This literally gutted the ATF rules, there is no need to go further, it's a done deal.
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winterset

Wrong. UNTIL a FEDERAL COURT RULES the same it changes nothing outside the military.

By all logic and everything else that SHOULD happen but then we have been down that road before.

Quote from: Solar on September 13, 2021, 01:14:03 PMThis literally gutted the ATF rules, there is no need to go further, it's a done deal.

Solar

Quote from: winterset on September 13, 2021, 09:46:21 PMWrong. UNTIL a FEDERAL COURT RULES the same it changes nothing outside the military.

By all logic and everything else that SHOULD happen but then we have been down that road before.
2
The change to FOPA was an illegal move in the first place where Congress previously defined the law.
What would Congress need to do?

Do me a favor, when you quote, follow with your statement, there is a reason everyone does it that way, they know the subject instantly as they move onto what yo have to say.
Otherwise a redundant move needs to take place.
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winterset

Got news for you.

MANY BOARDS prefer TOP posting.

and to be blunt if you cannot figure it out this board is too much for you.

Quote from: Solar on September 13, 2021, 11:20:43 PM2
The change to FOPA was an illegal move in the first place where Congress previously defined the law.
What would Congress need to do?

Do me a favor, when you quote, follow with your statement, there is a reason everyone does it that way, they know the subject instantly as they move onto what yo have to say.
Otherwise a redundant move needs to take place.

Solar

Quote from: winterset on September 14, 2021, 05:57:24 AMGot news for you.

MANY BOARDS prefer TOP posting.

and to be blunt if you cannot figure it out this board is too much for you.
Let me be blunt!
I own this fuckin board, I pay so you have the privilege of posting.
Either post like a normal member, or find another forum. The request ended, it's now a Demand!
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winterset

Kiss my ass.

Quote from: Solar on September 14, 2021, 06:00:35 AMLet me be blunt!
I own this fuckin board, I pay so you have the privilege of posting.
Either post like a normal member, or find another forum. The request ended, it's now a Demand!

Solar

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walkstall

A politician thinks of the next election. A statesman, of the next generation.- James Freeman Clarke

Always remember "Feelings Aren't Facts."

Solar

Quote from: walkstall on September 14, 2021, 12:56:04 PM:ohmy: I don't think he understands "it's now a Demand!"
Do me a favor and check and see if he's banned. I banned his email address that should suffice.
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walkstall

Quote from: Solar on September 14, 2021, 01:17:37 PMDo me a favor and check and see if he's banned. I banned his email address that should suffice.

He is no longer showing up in the members list.
A politician thinks of the next election. A statesman, of the next generation.- James Freeman Clarke

Always remember "Feelings Aren't Facts."

Solar

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