• FireTower@lemmy.world
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    10 months ago

    The TLDR of the opinion is that they held the BATFE acted outside of statutory authority, acting as the legislature making new law with the administrative policy.

      • FireTower@lemmy.world
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        10 months ago

        They were found to not be machine guns per the statutory definition. So they can’t arrest people for having one (unless a new law is passed). Prior to the BATFE’s policy change they didn’t ‘approve the sales’ more so they didn’t bar the sales.

      • Milk_Sheikh@lemm.ee
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        10 months ago

        What’s to follow though? ATF or DoJ are not going to challenge any of the ruling, especially after this case. It’ll remain on the federal register, but stayed from enforcement indefinitely

        • mctoasterson@reddthat.com
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          10 months ago

          You mean the “Brace Rule”? It is more than just injoined. It is vacated entirely. So it is as if it never happened.

          Not 100% sure but I don’t think it can stay on the books anywhere, if the ruling isn’t challenged.

          Fine by me, it was garbage law and they used illegal methods to promulgate it.

          What’s more likely though is that they reintroduce the rule in some other crappy incarnation that has the same practical effect, and hope it sticks the next time.

            • mctoasterson@reddthat.com
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              10 months ago

              Not a lawyer but I would assume any that were registered through that mechanism are on the NFA registry. If you have your paperwork and the stamp, it is legally a registered SBR (whether you paid $200 or $0 for it). Might as well put a normal stock on it at that point.

  • originalucifer@moist.catsweat.com
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    10 months ago

    the dead people tax strikes again. everyone i know who owns a human killing device is top-notch at the ridiculous rationalization required to bring said evil into their homes.

    crazy overlap with the ‘pro life’ camp also.

  • numbermess@fedia.io
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    10 months ago

    I wonder how these arguments are going to go someday when we have weapons that can just emit a field that instantly gives people cancer or vibrates their hearts to death or erases a person’s memory. The MAGAs will all argue that is their right to leave out beacons that covers a certain radius and will just run around chuckling “you triggered? you mad bro? you got sudden bone cancer or an exploded heart bro? can’t remember your kids? cry more ahahaha” and Samuel Alito and Clarence Thomas will say of course these are fine, erasing peoples minds and having them drop to the ground when they encounter certain frequencies are just what the founding fathers intended (but keep those things a long fucking way away from us, of course)

    • FireTower@lemmy.world
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      10 months ago

      This case wasn’t about rights it was about administrative policy and legislation. They seemed to actually be subtlely nudging for Congress to act in the opinion.

        • mosiacmango@lemm.ee
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          10 months ago

          As a counterpoint to your well reasoned argument, you could also easily say constitutional organizists want to strip back any equality or progress our society has made via the courts. They do this by weaponizing the fact that we have a broken legislature. To achieve their goals of stripping freedom and rights from the “outgroups” all they have to do is be explicitly literal when it suits them, ignoring all intent of a law, and then the outgroups will be powerless to actually regain those rights, effectively legislating our nation from the bench.

          When a law that helps people that they dont like comes before them, then they can suddenly “guess at intent” and “give standing to anyone.” A clear example of this is when they struck down Biden 400B student loan forgiveness. The law itself gave the executive incredibly wide powers, and Biden worked entirely in them to enact that forgiveness. He followed the “originalist” interpretation, but suddenly all these originalsist jusges had questions about “greater fairness” and “was this really in the intent of the law” when it says in effect “the executive can do what the fuck they want.” They even let a state just “get standing” by claiming one of its agencies would have had standing if it sued. The agency did not in anyway sue. That’s how bad they wanted to not be origionalists when it suited them.

    • mctoasterson@reddthat.com
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      10 months ago

      It wasn’t a merits decision. It was about the previous administrations abuse of the executive to reclassify things that already have a statutory definition.

  • TheReturnOfPEB@reddthat.com
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    10 months ago

    SO the point of the militias were that the Founding Fathers believed that giving any executive access to a standing army would, eventually if not immediately, act against the rights of humans.

    So instead we were supposed to have a populace ready and trained in military activity by the states’ ordained and defined by Congress militias.

    The 2nd was to try and stop a ruler from having access to force.

    And now we have a standing military, a military-armed police, and paramilitary civilians.

    Worst civilization decision evar.

    We are so far from the Federalist Paper #29 argument for the 2nd Amendment; we need to amend the Constitution.

    federalist 29 is like 13 paragraphs it is worth reading

    • Fuzemain@lemmy.world
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      10 months ago

      Maybe that massive standing army isn’t a good thing to have. A lot of the original criticisms match our current army pretty well.

      • dual_sport_dork 🐧🗡️@lemmy.world
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        10 months ago

        The problem now is that in the modern global age we have plenty of enemies who have massive standing armies. China and Russia leap to mind. That sort of thing may have worked when America was physically isolated from outside forces by a several months long boat ride. Not the case anymore.

        Abolishing everybody’s massive standing armies would be a pretty good idea, but I don’t foresee that happening any time soon.

  • HEXN3T
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    10 months ago

    Bump stocks suck. Half of the entire gun violently shaking back and forward is just as cumbersome and impractical as it sounds. Bumping can also be done without them (sometimes accidentally, be careful).

  • hightrix@lemmy.world
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    10 months ago

    Did the truth ever come out around this shooting? The whole thing seemed very suspicious and the news story seemed to go away pretty quickly compared to other similar events.

    Or I’m an ostrich and just completely missed everything to do with it.

    • I_Has_A_Hat@lemmy.world
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      10 months ago

      I mean the rate of fire was way higher than even a bump stock would allow and the number of shots fired would have required way more magazines than was found with the guy. Largest mass shooting in history and we have no motive, no explanation, and no resolution.

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        10 months ago

        This is my point. There is no motive. No explanation, nothing.

        Personally, I don’t buy the “dude went crazy” story with all the preparation that he did.

    • recapitated@lemmy.world
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      10 months ago

      I think the media waxes and wanes on their discipline about whether to give too much attention to high profile incidents, to tamp down copycats who are “inspired” by the “glory”.

      That said, I don’t think anything was really hidden from us or you. A guy flipped out and did a horrible thing, there’s probably not that much to say about it.

  • eran_morad@lemmy.world
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    10 months ago

    I don’t think the vile filth will understand what this all really means until someone mows them down.

  • recapitated@lemmy.world
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    10 months ago

    That’s crazy… What’s next, are they going to start letting us shoulder our pistols? (Asking for a friend)