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Old 10-31-2023, 09:37   #1786
Badger52
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Stay against ATF Brace "rule" goes indefinite

BLUF: US District Court had, multiple times, extended the stay against the ATF's rule on pistol braces. Each one had a sunset in the form of a drop-dead date for the ATF to respond. They haven't so now he's extended it pending full resolution, or a higher overarching ruling.

Link for reference.


Quote:
The preliminary injunction issued Friday by Judge Tipton means the ATF cannot enforce the pistol brace rule against members of Gun Owners of America.
GOA are a party/plaintiff in the original lawsuit.
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Old 10-31-2023, 09:50   #1787
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Quote:
The preliminary injunction issued Friday by Judge Tipton means the ATF cannot enforce the pistol brace rule against members of Gun Owners of America.

Great News !!!

But for the rest of American citizens that aren't members of the GOA or those that didn't join GOA until after GOA filed the law suit...
...you are cordially invited to continue eating your peas until your second amendment privileges have been re-granted since the judge thinks "the pistol-brace ban is likely unconstitutional"
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Old 10-31-2023, 14:23   #1788
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Quote:
Originally Posted by Box View Post
Great News !!!

But for the rest of American citizens that aren't members of the GOA or those that didn't join GOA until after GOA filed the law suit...
...you are cordially invited to continue eating your peas until your second amendment privileges have been re-granted since the judge thinks "the pistol-brace ban is likely unconstitutional"
No dispute, just baby steps. I hope the Dems keep investigating SCOTUS for those fishing trips and sleep-overs; that should soften their hearts.
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Old 11-03-2023, 18:02   #1789
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A couple of recent SCOTUS things

They granted cert to hear the Garland v. Cargill bumpstock petition.

There's also an amicus brief from the NRA added to their current petition to be heard by SCOTUS, over NY Dept of Fin Services coercing people not to do business with the NRA, as a 1st Amendment issue. (Think entities continuing on with the great idea of Opn CHOKE POINT.) They're granting only as to the first petition question. Here's the intro to the petition:

Quote:
QUESTIONS PRESENTED

Bantam Books v. Sullivan held that a state com-
mission with no formal regulatory power violated the
First Amendment when it “deliberately set out to
achieve the suppression of publications” through “in-
formal sanctions,” including the “threat of invoking le-
gal sanctions and other means of coercion, persuasion,
and intimidation.” 372 U.S. 58, 66-67 (1963). Respond-
ent here, wielding enormous regulatory power as the
head of New York’s Department of Financial Services
(“DFS”), applied similar pressure tactics—including
backchannel threats, ominous guidance letters, and se-
lective enforcement of regulatory infractions—to in-
duce banks and insurance companies to avoid doing
business with Petitioner, a gun rights advocacy group.
App. 199-200 ¶ 21. Respondent targeted Petitioner
explicitly based on its Second Amendment advocacy,
which DFS’s official regulatory guidance deemed a
“reputational risk” to any financial institution serving
the NRA. Id. at 199, n.16. The Second Circuit held such
conduct permissible as a matter of law, reasoning that
“this age of enhanced corporate social responsibility”
justifies regulatory concern about “general backlash”
against a customer’s political speech. Id. at 29-30. Ac-
cordingly, the questions presented are:

1. Does the First Amendment allow a govern-
ment regulator to threaten regulated entities with
adverse regulatory actions if they do business with a
controversial speaker, as a consequence of (a) the
government’s own hostility to the speaker’s viewpoint
or (b) a perceived “general backlash” against the
speaker’s advocacy?

2. Does such coercion violate a clearly estab-
lished First Amendment right?
Now go eat your peas.
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Old 11-09-2023, 10:57   #1790
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Pistol Brace Rule gets stayed beyond plaintiffs

LINK here, including text of the decision.The stay appears to not just apply to GOA members & other original plaintiffs. Judge Kacsmaryk strings words together pretty good.
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Old 11-10-2023, 08:26   #1791
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Quote:
Originally Posted by Badger52 View Post
LINK here, including text of the decision.The stay appears to not just apply to GOA members & other original plaintiffs. Judge Kacsmaryk strings words together pretty good.
Judge should rule that the ATF is un-Constitutional and order it dissolved.

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Old 11-13-2023, 14:57   #1792
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ATF can’t redefine terms to effectively legislate as an executive branch agency.
Here’s the smack down from the 5th Circuit:

https://www.ca5.uscourts.gov/opinion...-10718-CV0.pdf
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Old 12-02-2023, 06:19   #1793
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US District enjoins pistol purchase rules against 18-20 yo's

Quote:
On Friday, Judge Thomas S. Kleeh issued a decision striking down the federal prohibition against 18 to 20-year-olds purchasing handguns.

The plaintiffs in the case are Steven Robert Brown, Benjamin Weekley, the Second Amendment Foundation, and the West Virginia Citizens Defense League.

Judge Kleeh, a Donald Trump appointee, is Chief Judge of the United States District Court for the Northern District of West Virginia.
Quote:
Kleeh noted that the plaintiffs sought summary judgment against the statute while the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Attorney General Merrick Garland, and ATF Director Steven Dettelbach sought to have the case dismissed.

He sided with the plaintiffs and quoted extensively from Bruen (2022) to show the manner at which he arrived at his decision.

Here is one of Kleeh’s quotes from the Bruen decision:

To justify its regulation, the government may not simply posit that the regulation promotes an important interest…To demonstrate the regulation of that conduct is within the bounds of the Second Amendment, “the government must demonstrate that the regulation is consistent with the Nation’s historic tradition of firearm regulation. Only if a firearm regulation is consistent with the Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command.”
LINK at Breitbart here.
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