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Old June 14, 2024, 05:30 PM   #3
zukiphile
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Join Date: December 13, 2005
Posts: 4,578
Quote:
Originally Posted by s3779m
Personally, I don't care for one,...
You have a lot of company on that.

Quote:
Originally Posted by s3779m
Does that leave it open to congress writing a law banning bump stocks that they would uphold?
It leaves open congress writing a law without violating the APA by promulgating a too subjective reg that isn't especially related to the reg they put up for comment.

That doesn't bear on whether a bump stock ban would run afoul of something else, like the 2d Am.

Quote:
Originally Posted by s3779m
The second problem, the SCOTUS had a problem with the claim the bump stock created a machine gun. They did not say the bump stock is protected by the second. Nor did they imply after market accessories, such as bump stocks, are protected.
Correct. This wasn't really a 2d Am. case. It was about whether ATF and DOJ had to only promulgate regs consistent with law.

The plaintiffs raised other issues, but the court resolved the matter on a narrower basis.
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