FPF: Today’s Supreme Court Denial is NOT the End of the Bump Stock Ban Challenge

Bump fire stock ban atf trump

Nick Leghorn for TTAG

Firearms Policy Foundation released the following statement regarding today’s Supreme Court order and Justice Gorsuch’s statement in FPF’s Guedes v. BATFE litigation surrounding the unlawful and unconstitutional Trump Bump-Stock Ban:

The Court’s denial of certiorari of our interlocutory petition is far from the end of this important case. And there seems to be substantial support at the Court for our views about Chevron deference, suggesting the denial was more about timing and posture than substance.

As Justice Gorsuch noted in his statement, this was a petition from an interlocutory appeal, and “waiting should not be mistaken for lack of concern.” Thus, we intend to bring a full record and final judgment back to the Supreme Court should the lower courts maintain their very wrong approach to Chevron deference, agency interpretation, and serious criminal law.

As our litigation moves towards a final judgment at the trial court, we are hopeful that “errors apparent in this preliminary ruling might yet be corrected before final judgment.” But even if those errors are not corrected, Firearms Policy Foundation will continue to fight for the People that President Trump and his administration abandoned by lawlessly forcing them to dispossess their property and threatening them with federal prison time.

We will continue to update BumpstockCase.com with further case updates and filings.

 

Firearms Policy Foundation (www.firearmsfoundation.org) is a 501(c)3 grassroots nonprofit organization. FPF’s mission is to defend the Constitution of the United States and the People’s rights, privileges, and immunities deeply rooted in this Nation’s history and tradition, especially the inalienable, fundamental, and individual right to keep and bear arms, through research, education, legal action, and other charitable programs.

comments

  1. avatar st381183 says:

    We cannot rely on SCOTUS to save us. Or Republicans.

    1. avatar Phil says:

      This ^ Wait until the next administration tacks on a full semi automatic ban as they can all easily be converted to machine guns just by changing a stock. This is all a very dangerous precident and yet most just carry on with their heads in the sand.

      1. avatar pwrserge says:

        Ok… cupcake, there’s no precedent yet because there is no ruling on the merits. Calm down and put your big boy pants on. Everybody who has gone up against Trump’s plans since 2016 has been crushed by his long game. The long game here is to take out the NFA. Give. What he has accomplished in the past three years without having the entire Demokkkommie party stood up against a wall and shot for treason, you should be willing to give the man the benefit of the doubt.

        1. avatar Phil says:

          Ah yes keep your head in the sand “cupcake”. This can and will happen. You are one of the biggest trolls here. Some of us simply see the writing on the wall and who said anything about allowing Democrats to have power? Project much?

        2. avatar pwrserge says:

          Phil, you’re a legally illiterate retard. Go look as the precedent of how many appeals of this type have been granted… IN THE HISTORY of the SCotUS.

          The reality is that there is no way that the government can win on the merits and they know it. That’s why they are slow-marching the case through the courts hoping that commies and cowards like you take power away from the greatest president in the past 100 years.

      2. avatar I Haz A Question says:

        No, I think both the ATF and SCOTUS are cognizant of that theory, and are now walking very carefully through the garden due to the fact that this is receiving so much publicity. That won’t happen.

    2. avatar Don Ward says:

      What we can’t rely on are useless Libertarians and limp-wristed cucks like yourself who are more interested in cutting and running because your brain is too smooth to understand how politics work.
      The long game has ALWAYS been to take down the NFA. And that takes time.
      So STFU when the grownups are talking and go buy some herbal supplements off of Alex Jones’ site or whatever it is you do.

  2. avatar pwrserge says:

    Ok… TTAG, can we please quit panic mongering and let the legally illiterate morons calm the hell down. Anybody who has ever heard of litigation knew this particular appeal wouldn’t be granted. There’s no verdict yet. Courts work slowly, that’s one of the positives and negatives of our system.

    Then we have the libertardian and commie trolls who think that allowing the DNC anywhere near power is a good idea.

    1. avatar Phil says:

      You are funny, TTAG post a whole article about this subject. Who exactly wants the Democrats in power again? You have clearly lost your mind.

      1. avatar pwrserge says:

        Every single traitor like you who makes up provably false bullshit that rocks the boat.

        1. avatar Miner49er says:

          Meanwhile…

          “A California UPS worker who police say threatened a mass shooting was arrested Sunday, and police found more than 20,000 rounds of ammunition and several weapons including tactical-style rifles in his home.
          Thomas Andrews, 32, sent threatening messages to his employer, the Sunnyvale Department of Public Safety said in a statement posted on Facebook. The text messages said Andrews was planning a mass shooting at the UPS in Sunnyvale, the department said. 
          “He alluded to a mass shooting in his text messages,” Sunnyvale police Capt. Dan Pistor told the Associated Press. “I definitely think we avoided a tragedy.”
          Police launched an investigation and learned Andrews was the registered owner of four handguns and a rifle, Sunnyvale DPS said. Patrol officers found Andrews and attempted to pull him over late Sunday night, but he led officers on a car chase.”

        2. avatar pwrserge says:

          What did I tell you about posting fanfiction? Without a link to a source, that’s all your “citation” is.

  3. avatar Mike V says:

    Given what others have said about how this stuff works, I’m not suprised or really disappointed. It seems like it will require a long game approach, and even at that, probably not likely to work.
    But will people care enough or persist long enough? We’ll see. How many times have we seen this dismissively approached as a range toy? How do you keep on keeping on when even pro gun people could care less?

    1. avatar pwrserge says:

      There’s a plan here. The ban is a shot across the bow of the ATF and the NFA. What people need to do is calm the fuck down and let the process work.

  4. avatar Ben says:

    The slow moving process of judicial review jeopardizes the freedom of innocent Americans in the interim. It’s all a farce. Burn it down.

  5. avatar Steve Eisenberg says:

    “The new law requires that magazine capacity be reduced to zero or fewer rounds.”

  6. avatar Gadsden Flag says:

    I don’t get it. On two fronts. The 2A insures our right to keep and bare arms. A stock is not a weapon. I’d rather have a baseball bat. Second, I don’t think they should be illegal, but seriously, I think they’re nothing but a novelty. I played with one years ago. I wasn’t impressed. I certainly wouldn’t have one on a weapon I intended to defend my life with. Since they only fit ARs I guess that’s not an issue either. A novelty on a piece of shit. Nope. That ain’t me.

    1. avatar Mike V says:

      They can be used on AKs, 10/22s, ARs, a few things.

    2. avatar enuf says:

      No gadget is needed to bump fire a semi-auto firearm. It is a matter of technique, how you hold the gun with one hand and the trigger bounces about the trigger finger under recoil.

      Making bump fire stock to simplify the technique is easy. Instructions are all over the internet. Would cost far less than buying one, even if it were “legal”.

      All this means is that a criminal can have all the rapid fire bullet sprayer he wants and no law will prevent him.

      Which brings us to the final point, these gadgets are not popular with bad guys. And the one time a mass murderer used them, he wasted more than 57% of his shots hitting absolutely nobody. Yes 58 were murdered and 413 wounded in this horror, another 456 injured in the mass panic.

      Now stop and think what the scene could have been had the murderer been educated on firearms, rather than just wealthy and buying toys. There would not have been a bump stock. At 490 yards to the crowd and 2000 yars to the jet fuel tanks, there are far superior weapons and calibers he could have used, and easily paid for with all that money.

      As bad as this was we were lucky that he was an ignorant madman thinking a bump stock would help him murder hundreds. We are lucky he used that accuracy destroying gadget. Otherwise, he’d of killed far more people.

      1. avatar Miner49er says:

        Your observation is on point in a couple of regards.

        “Now stop and think what the scene could have been had the murderer been educated on firearms, rather than just wealthy and buying toys.”

        This clearly wasn’t some sort of Manchurian candidate false flag operation, pros would’ve used a much more skilled operator to bring about the carnage. This fact works against all the tin hat conspiracies, a more effective weapon would’ve been a Barrett light 50 and a stack of magazines.

        This guy was just a more functional, grown-up Adam Lanza, taking out his anger on the neuro-typicals he despised.

        1. avatar pwrserge says:

          Says somebody who had never actually fired a M82.

        2. avatar Miner49er says:

          Sergei, you have no idea of my experiences.

          You have never met me, don’t know my name, location, training or horsepower.

          But that doesn’t stop you from your childish ad hominem attacks and violent blathering.

          I imagine when you hit puberty and your testicles descend, you’ll adopt a more mature mindset and more respectful tone with others.

          One can hope…

          After all, today is the official ‘I want you to be happy day‘.

        3. avatar pwrserge says:

          No kiddo, I can tell pretty well what you lack in experience and brain power simply by reading the comments you post. It’s not difficult. Idiots usually make themselves known by their actions.

    3. avatar De Facto says:

      Scopes are not arms. Neither is body armor, aftermarket stocks, detachable magazines, threaded muzzles, suppressors, bipods, foregrips, or any other accessory. The “lol it doesn’t affect me so why should I care” way of thinking isn’t just selfish and short sighted, it’s straight up stupidity. It’s not unconstitutional to ban any of what I mentioned, and if you think the progtard gun grabbers aren’t taking notes and filing it away for future reference you haven’t been paying attention.

  7. avatar Ed Schrade says:

    The 6 p.m. news on a liberal channel in Corpus Christi this afternoon reported about the un supreme court not hearing the bump stock case. The ignorant ” news reporter ” explained that the bump stock device permits a rifle to fire more than one per trigger pull. Just have to love the media expertise in these matters.

  8. avatar Everyday_Carrier says:

    Just put a sticker on it that says “Not a bump stock”.

    Fuck what they think. Don’t give em an inch, even if you are retarded for investing in one. That said, I bought three simply because they told me I could not. Gotta love that “loophole” called freedom.

    Come and take them.

  9. avatar Chris T in KY says:

    The murderer in Las Vegas was a rich man. A millionaire like Bernie Sanders. And rich people, criminal or law abiding, will always have machine guns. Or as many rapid fire weapons as they want.

    “The assets of Stephen Paddock, the gunman in last year’s Las Vegas shooting, have reportedly been tallied up at a total of $1.3 million.”

    https://popculture.com/trending/2018/09/11/las-vegas-shooter-stephen-paddock-assets-1-3-million/

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