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Link Posted: 4/3/2019 9:35:54 AM EST
[#1]
Link Posted: 4/3/2019 9:38:13 AM EST
[#2]
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Quoted:
I'll take the slim chance that's true vs the for sure death by any other president.
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Quoted:
Quoted:
Don't worry guys, 4D chess is going to unfold before our very eyes.  Any minute now...
I'll take the slim chance that's true vs the for sure death by any other president.
Please provide a link to where Obama banned something 500k+ Americans owned, making them felons, requiring destruction/confiscation of their property without compensation?  And I hate Obama.

I’ll wait.
Link Posted: 4/3/2019 9:53:48 AM EST
[#3]
Thank You.
107 pages of legalese is confusing to me.
Does this mean there will be another appeal?
I'm guessing yes.
Link Posted: 4/3/2019 10:12:18 AM EST
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Thank You.
107 pages of legalese is confusing to me.
Does this mean there will be another appeal?
I'm guessing yes.
View Quote
@hdhogman

After page 12 or so (going off memory) it's just exhibits.

Currently, we are asking SCOTUS to stay the enforcement of the regulation in relation to the plaintiffs pending either a cert petition or petition for rehearing en banc (in front of CADC).

So, yes, there are more "appeals" if you will but they are both at the discretion of the court as to whether they will be heard.
Link Posted: 4/3/2019 10:12:44 AM EST
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Thank You.
107 pages of legalese is confusing to me.
Does this mean there will be another appeal?
I'm guessing yes.
View Quote
This is the request to keep the ATF from enforcing the bump stock ban while the lawyers prepare an request for SCOTUS to review the ban. Yes, there will likely be another appeal on the merits, but if SCOTUS denies this I'd be surprised if they grant cert. and the ban would, as far as I know, go into full effect.
Link Posted: 4/3/2019 10:14:26 AM EST
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Please provide a link to where Obama banned something 500k+ Americans owned, making them felons, requiring destruction/confiscation of their property without compensation?  And I hate Obama.

I’ll wait.
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Quoted:
Quoted:
Quoted:
Don't worry guys, 4D chess is going to unfold before our very eyes.  Any minute now...
I'll take the slim chance that's true vs the for sure death by any other president.
Please provide a link to where Obama banned something 500k+ Americans owned, making them felons, requiring destruction/confiscation of their property without compensation?  And I hate Obama.

I’ll wait.
Obama did make it so a lot more people wouldn't pass background checks for "mental illness", who knows how many that impacted but I wouldn't be surprised by 500,000 or more, and don't forget that Trump rolled that rule back (not that he is perfect but credit is due there).
Link Posted: 4/3/2019 10:18:44 AM EST
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
https://www.scribd.com/document/404261634/Guedes-Codrea-Application-for-Second-Stay

attached is the second stay application filed with the US Supreme Court.
View Quote
Thanks for the continued fight, Nolo.

Give 'em hell!

Patiently waiting for round 6 dillos.
Link Posted: 4/3/2019 10:20:32 AM EST
[#8]
Quoted:

@hdhogman

After page 12 or so (going off memory) it's just exhibits.

Currently, we are asking SCOTUS to stay the enforcement of the regulation in relation to the plaintiffs pending either a cert petition or petition for rehearing en banc (in front of CADC).

So, yes, there are more "appeals" if you will but they are both at the discretion of the court as to whether they will be heard.
View Quote
Quoted:

Thanks for the continued fight, Nolo.

Give 'em hell!

Patiently waiting for round 6 dillos.
View Quote
Ditto, SuperMoose.
Link Posted: 4/3/2019 10:38:52 AM EST
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
https://www.scribd.com/document/404261634/Guedes-Codrea-Application-for-Second-Stay

attached is the second stay application filed with the US Supreme Court.
View Quote
Does the filing of this automatically reinstate the stay on the enforcement of the bumpstock ban, or does it have to actually be approved by Roberts?
Link Posted: 4/3/2019 11:36:52 AM EST
[#10]
Link Posted: 4/3/2019 11:57:49 AM EST
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Yes, but that wasn't a win because Cleo notification became mandatory. Before 41F a trust could obtain an NFA item with no CLEO involvement at all, and add/remove beneficiaries without any fingerprints or background check. It was a net loss.
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Quoted:
Quoted:
Quoted:
This is where I continue to make myself unpopular by keeping it real.

Here are some truths that will result, in my opinion, in all this bump stock litigation sinking virtually all semi-autos in general in the long run.

...

9.   Anyone who doubts the last three should look back on item 2.   We've never softened NFA regulations.   The only reason the AWBan did not get renewed was that it contained a sunset clause.  Even then it was a closer thing than it should have been as the Dems and RINOS were scheming and they almost backdoored a renewal through the lawful commerce of arms thing.    Remember, gun guys -- especially freedom oriented gun guys -- are a very small part of the population.  We don't have anything near the sort of political clout to get the population to swallow rapid fire.   Not in this day and age and not after Vegas.  We don't have the clout, and this whole exercise is putting semi autos all at risk.

...
CLEO signoffs were eliminated, and that was done under FBHO.  Otherwise, I agree with your analysis, I don't like it but I agree that's reality.
Yes, but that wasn't a win because Cleo notification became mandatory. Before 41F a trust could obtain an NFA item with no CLEO involvement at all, and add/remove beneficiaries without any fingerprints or background check. It was a net loss.
Notification isn't signoff.  You can pick which CLEO to notify, most pick the one most likely to just circular file the notification :-)  The additional fingerprints are the big loss.
Link Posted: 4/3/2019 12:04:22 PM EST
[#12]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Notification isn't signoff.  You can pick which CLEO to notify, most pick the one most likely to just circular file the notification :-)  The additional fingerprints are the big loss.
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Quoted:
Quoted:
Quoted:
Quoted:
This is where I continue to make myself unpopular by keeping it real.

Here are some truths that will result, in my opinion, in all this bump stock litigation sinking virtually all semi-autos in general in the long run.

...

9.   Anyone who doubts the last three should look back on item 2.   We've never softened NFA regulations.   The only reason the AWBan did not get renewed was that it contained a sunset clause.  Even then it was a closer thing than it should have been as the Dems and RINOS were scheming and they almost backdoored a renewal through the lawful commerce of arms thing.    Remember, gun guys -- especially freedom oriented gun guys -- are a very small part of the population.  We don't have anything near the sort of political clout to get the population to swallow rapid fire.   Not in this day and age and not after Vegas.  We don't have the clout, and this whole exercise is putting semi autos all at risk.

...
CLEO signoffs were eliminated, and that was done under FBHO.  Otherwise, I agree with your analysis, I don't like it but I agree that's reality.
Yes, but that wasn't a win because Cleo notification became mandatory. Before 41F a trust could obtain an NFA item with no CLEO involvement at all, and add/remove beneficiaries without any fingerprints or background check. It was a net loss.
Notification isn't signoff.  You can pick which CLEO to notify, most pick the one most likely to just circular file the notification :-)  The additional fingerprints are the big loss.
After this last form 4 via trust. I’m going to be going the individual route from now on.  41p/41f really fucked the game up for the worse imho.
Link Posted: 4/3/2019 12:07:45 PM EST
[#13]
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Quoted:
Does the filing of this automatically reinstate the stay on the enforcement of the bumpstock ban, or does it have to actually be approved by Roberts?
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Quoted:
Quoted:
https://www.scribd.com/document/404261634/Guedes-Codrea-Application-for-Second-Stay

attached is the second stay application filed with the US Supreme Court.
Does the filing of this automatically reinstate the stay on the enforcement of the bumpstock ban, or does it have to actually be approved by Roberts?
Per the court's order

...the administrative stay of the effective date of the Bump Stock Rule, 83 Fed. Reg. 66,514 (Dec. 26, 2018), that was entered on the court’s own motion on March 23, 2019, will remain in effect for 48 hours from the time of the issuance of the opinion in this case to allow plaintiffs, if they wish, to seek a stay from the Supreme Court of the United States. Should plaintiffs do so, the administrative stay will remain in effect pending disposition of the stay application. Plaintiffs are directed to notify the court promptly should an application for a stay be filed.
Link Posted: 4/3/2019 12:10:33 PM EST
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Notification isn't signoff.  You can pick which CLEO to notify, most pick the one most likely to just circular file the notification :-)  The additional fingerprints are the big loss.
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How do they even verify you 'notified' them?
Link Posted: 4/3/2019 12:21:05 PM EST
[#15]
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Quoted:
and Josh Prince, Erik Jaffe and Adam Kraut (who is still running for NRA Board...)
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Quoted:
Quoted:

Thanks for the continued fight, Nolo.

Give 'em hell!

Patiently waiting for round 6 dillos.
and Josh Prince, Erik Jaffe and Adam Kraut (who is still running for NRA Board...)
Adam is the only one I voted for!!!!

Thanks all
Link Posted: 4/3/2019 12:35:09 PM EST
[#16]
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Quoted:
How do they even verify you 'notified' them?
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Quoted:
Quoted:

Notification isn't signoff.  You can pick which CLEO to notify, most pick the one most likely to just circular file the notification :-)  The additional fingerprints are the big loss.
How do they even verify you 'notified' them?
The same thing FFL’s do.  Send it USPS with a return receipt.  They have to sign for it and you proof they did mailed back to you.
Link Posted: 4/3/2019 12:42:07 PM EST
[#17]
Link Posted: 4/3/2019 12:46:16 PM EST
[#18]
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Quoted:
The signal to noise ratio in this thread is terrible. What does the update mean?
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I take it from Supermoose’s update that we are waiting for a decision from SCOTUS on the stay.  Ruling said 48 but said if SCOTUS filing was made, it stays in effect until word from them.
Link Posted: 4/3/2019 12:46:58 PM EST
[#19]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

The same thing FFL’s do.  Send it USPS with a return receipt.  They have to sign for it and you proof they did mailed back to you.
View Quote
I don’t think you actually have to do that.  The law says you must forward a completed copy of the Form 1 or 4 to the CLEO, and you certify that this has been done when you sign the form.  There is nothing in there requiring proof that they ever got it.  Since you certified that you sent the form, they would have to prove that you didn’t actually send it to charge you with violating this.
Link Posted: 4/3/2019 12:51:43 PM EST
[#20]
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Quoted:
I don’t think you actually have to do that.  The law says you must forward a completed copy of the Form 1 or 4 to the CLEO, and you certify that this has been done when you sign the form.  There is nothing in there requiring proof that they ever got it.  Since you certified that you sent the form, they would have to prove that you didn’t actually send it to charge you with violating this.
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Quoted:
Quoted:

The same thing FFL’s do.  Send it USPS with a return receipt.  They have to sign for it and you proof they did mailed back to you.
I don’t think you actually have to do that.  The law says you must forward a completed copy of the Form 1 or 4 to the CLEO, and you certify that this has been done when you sign the form.  There is nothing in there requiring proof that they ever got it.  Since you certified that you sent the form, they would have to prove that you didn’t actually send it to charge you with violating this.
I’m aware it’s not required.  But is cheap insurance
Link Posted: 4/3/2019 12:57:22 PM EST
[#21]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I take it from Supermoose’s update that we are waiting for a decision from SCOTUS on the stay.  Ruling said 48 but said if SCOTUS filing was made, it stays in effect until word from them.
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Quoted:
Quoted:
The signal to noise ratio in this thread is terrible. What does the update mean?
I take it from Supermoose’s update that we are waiting for a decision from SCOTUS on the stay.  Ruling said 48 but said if SCOTUS filing was made, it stays in effect until word from them.
Does SCOTUS have to take it?And if they do,what's the timeframe?
Link Posted: 4/3/2019 1:00:34 PM EST
[#22]
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Quoted:

Does SCOTUS have to take it?And if they do,what's the timeframe?
View Quote
No

Whenever they damn well feel like it.
Link Posted: 4/3/2019 1:00:34 PM EST
[#23]
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Quoted:

Adam is the only one I voted for!!!!

Thanks all
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Same here
Link Posted: 4/3/2019 1:18:52 PM EST
[#24]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
CLEO signoffs were eliminated, and that was done under FBHO.  Otherwise, I agree with your analysis, I don't like it but I agree that's reality.
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Quoted:
Quoted:
This is where I continue to make myself unpopular by keeping it real.

Here are some truths that will result, in my opinion, in all this bump stock litigation sinking virtually all semi-autos in general in the long run.

...

9.   Anyone who doubts the last three should look back on item 2.   We've never softened NFA regulations.   The only reason the AWBan did not get renewed was that it contained a sunset clause.  Even then it was a closer thing than it should have been as the Dems and RINOS were scheming and they almost backdoored a renewal through the lawful commerce of arms thing.    Remember, gun guys -- especially freedom oriented gun guys -- are a very small part of the population.  We don't have anything near the sort of political clout to get the population to swallow rapid fire.   Not in this day and age and not after Vegas.  We don't have the clout, and this whole exercise is putting semi autos all at risk.

...
CLEO signoffs were eliminated, and that was done under FBHO.  Otherwise, I agree with your analysis, I don't like it but I agree that's reality.
and SBR barrel length went from <18" to <16" as well, supposedly to legalize all the surplus M1 carbines.
Link Posted: 4/3/2019 1:27:49 PM EST
[#25]
No its wasted money

What insurance are you getting ? there is no need to prove you sent it just like using a bill of sale on a gun in TX its a waste of time

Discussion ForumsJump to Quoted PostQuote History
Quoted:

I’m aware it’s not required.  But is cheap insurance
View Quote
Link Posted: 4/3/2019 1:28:40 PM EST
[#26]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Does SCOTUS have to take it?And if they do,what's the timeframe?
View Quote View All Quotes
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Quoted:
Quoted:
Quoted:
The signal to noise ratio in this thread is terrible. What does the update mean?
I take it from Supermoose’s update that we are waiting for a decision from SCOTUS on the stay.  Ruling said 48 but said if SCOTUS filing was made, it stays in effect until word from them.
Does SCOTUS have to take it?And if they do,what's the timeframe?
Start praying for a miracle.  SCOTUS has a history of just deciding not to hear 2A cases at all.  It’s like they know they’d have to rule in favor of the 2A, so they ignore it completely and let the lower courts shit all over the constitution.

You’ll see that the “conservative judges” are just like the rest of the RINOS.  Ok with revolvers, shotguns, and bolt action rifles...that’s about it.  I’m not holding my breath.
Link Posted: 4/3/2019 1:40:53 PM EST
[#27]
Link Posted: 4/3/2019 1:43:06 PM EST
[#28]
All supreme court has to do is table the request for stay and never reply and the stay remains in effect forever for addressed parties?  Not that this is likely but it would be an amusing quirk.
Link Posted: 4/3/2019 1:52:44 PM EST
[#29]
I am being serious.
Attachment Attached File
Link Posted: 4/3/2019 2:10:47 PM EST
[#30]
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Thanks!

Hopefully Roberts gives this one more consideration than the last.
Link Posted: 4/4/2019 6:59:06 AM EST
[#31]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
and SBR barrel length went from <18" to <16" as well, supposedly to legalize all the surplus M1 carbines.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
This is where I continue to make myself unpopular by keeping it real.

Here are some truths that will result, in my opinion, in all this bump stock litigation sinking virtually all semi-autos in general in the long run.

...

9.   Anyone who doubts the last three should look back on item 2.   We've never softened NFA regulations.   The only reason the AWBan did not get renewed was that it contained a sunset clause.  Even then it was a closer thing than it should have been as the Dems and RINOS were scheming and they almost backdoored a renewal through the lawful commerce of arms thing.    Remember, gun guys -- especially freedom oriented gun guys -- are a very small part of the population.  We don't have anything near the sort of political clout to get the population to swallow rapid fire.   Not in this day and age and not after Vegas.  We don't have the clout, and this whole exercise is putting semi autos all at risk.

...
CLEO signoffs were eliminated, and that was done under FBHO.  Otherwise, I agree with your analysis, I don't like it but I agree that's reality.
and SBR barrel length went from <18" to <16" as well, supposedly to legalize all the surplus M1 carbines.
Rifles have been 16" for as long as I can remember. Shotguns are 18".
Link Posted: 4/4/2019 7:37:46 AM EST
[#32]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
It's pretty simple.

The fight against the bump stock ban is not, and never has been, a fight for bump stocks. It is, and has always been, a fight against executive overreach. Congress has the power to ban bump stocks, and no one is going to go nuts if they do. They've already banned machine guns and no one is rebelling over it.

The fight is against how this has been done, not what has been done or why.

It also doesn't matter that many of us believe bump stocks should be legal and protected by the second amendment. Nor does it matter that some believe they are silly and should not.

The only thing that matters is that we fight the abuse of power and try to force the government to respect its own established constraints of power. That's it. If we win and the rule is thrown out, and the very next day Congress passes identical language to ban bump stocks, WE STILL WON.

I think over the past 18 months this may have been lost on some. It's easy to get caught up in the emotion of the discussion. So let me try and sum it up, at least based on having been part of this process since the morning of October 1st, 2017.

It is critical that we fight the bump stock rule and win, because if the executive branch establishes a precedent of being able to rewrite gun laws without Congress they can go after things far more precious than bump stocks.

If Congress had banned bump stocks we'd not be having this discussion. Victory is not measured in whether or not bump stocks are legal, but in preventing an overt act of executive overreach with terrifying potential precedent.
View Quote
Nicely summed it up
Link Posted: 4/4/2019 7:49:45 AM EST
[#33]
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Quoted:
and Josh Prince, Erik Jaffe and Adam Kraut (who is still running for NRA Board...)
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Quoted:
Quoted:

Thanks for the continued fight, Nolo.

Give 'em hell!

Patiently waiting for round 6 dillos.
and Josh Prince, Erik Jaffe and Adam Kraut (who is still running for NRA Board...)
Thank you gentlemen for fighting for our rights, we all appreciate it  
Link Posted: 4/4/2019 9:21:54 AM EST
[#34]
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Quoted:
Thank you gentlemen for fighting for our rights, we all appreciate it  
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Quoted:
Quoted:
Quoted:

Thanks for the continued fight, Nolo.

Give 'em hell!

Patiently waiting for round 6 dillos.
and Josh Prince, Erik Jaffe and Adam Kraut (who is still running for NRA Board...)
Thank you gentlemen for fighting for our rights, we all appreciate it  
Ditto!!!
Link Posted: 4/4/2019 9:28:37 AM EST
[#35]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I don’t think you actually have to do that.  The law says you must forward a completed copy of the Form 1 or 4 to the CLEO, and you certify that this has been done when you sign the form.  There is nothing in there requiring proof that they ever got it.  Since you certified that you sent the form, they would have to prove that you didn’t actually send it to charge you with violating this.
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Quoted:
Quoted:

The same thing FFL’s do.  Send it USPS with a return receipt.  They have to sign for it and you proof they did mailed back to you.
I don’t think you actually have to do that.  The law says you must forward a completed copy of the Form 1 or 4 to the CLEO, and you certify that this has been done when you sign the form.  There is nothing in there requiring proof that they ever got it.  Since you certified that you sent the form, they would have to prove that you didn’t actually send it to charge you with violating this.
Wait. People actually do this?
Link Posted: 4/4/2019 9:54:12 AM EST
[#36]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Wait. People actually do this?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:

The same thing FFL’s do.  Send it USPS with a return receipt.  They have to sign for it and you proof they did mailed back to you.
I don’t think you actually have to do that.  The law says you must forward a completed copy of the Form 1 or 4 to the CLEO, and you certify that this has been done when you sign the form.  There is nothing in there requiring proof that they ever got it.  Since you certified that you sent the form, they would have to prove that you didn’t actually send it to charge you with violating this.
Wait. People actually do this?
CERTIFICATION: Under penalties imposed by 18 U.S.C. § 924 and 26 U.S.C. § 5861, I certify that, upon submission of this form to ATF, a completed copy of this
form will be directed to the chief law enforcement officer (CLEO) shown in item 10
People don't think perjury be like it does, but it do!!!!
Link Posted: 4/4/2019 12:09:56 PM EST
[#37]
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Quoted:
Rifles have been 16" for as long as I can remember. Shotguns are 18".
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
This is where I continue to make myself unpopular by keeping it real.

Here are some truths that will result, in my opinion, in all this bump stock litigation sinking virtually all semi-autos in general in the long run.

...

9.   Anyone who doubts the last three should look back on item 2.   We've never softened NFA regulations.   The only reason the AWBan did not get renewed was that it contained a sunset clause.  Even then it was a closer thing than it should have been as the Dems and RINOS were scheming and they almost backdoored a renewal through the lawful commerce of arms thing.    Remember, gun guys -- especially freedom oriented gun guys -- are a very small part of the population.  We don't have anything near the sort of political clout to get the population to swallow rapid fire.   Not in this day and age and not after Vegas.  We don't have the clout, and this whole exercise is putting semi autos all at risk.

...
CLEO signoffs were eliminated, and that was done under FBHO.  Otherwise, I agree with your analysis, I don't like it but I agree that's reality.
and SBR barrel length went from <18" to <16" as well, supposedly to legalize all the surplus M1 carbines.
Rifles have been 16" for as long as I can remember. Shotguns are 18".
Also, M1 carbines have 18" barrels.
Link Posted: 4/4/2019 1:21:45 PM EST
[#38]
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So now it's just a waiting game to see if they take it up or not,right?
Link Posted: 4/4/2019 1:27:10 PM EST
[#39]
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Quoted:
Rifles have been 16" for as long as I can remember. Shotguns are 18".
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
This is where I continue to make myself unpopular by keeping it real.

Here are some truths that will result, in my opinion, in all this bump stock litigation sinking virtually all semi-autos in general in the long run.

...

9.   Anyone who doubts the last three should look back on item 2.   We've never softened NFA regulations.   The only reason the AWBan did not get renewed was that it contained a sunset clause.  Even then it was a closer thing than it should have been as the Dems and RINOS were scheming and they almost backdoored a renewal through the lawful commerce of arms thing.    Remember, gun guys -- especially freedom oriented gun guys -- are a very small part of the population.  We don't have anything near the sort of political clout to get the population to swallow rapid fire.   Not in this day and age and not after Vegas.  We don't have the clout, and this whole exercise is putting semi autos all at risk.

...
CLEO signoffs were eliminated, and that was done under FBHO.  Otherwise, I agree with your analysis, I don't like it but I agree that's reality.
and SBR barrel length went from <18" to <16" as well, supposedly to legalize all the surplus M1 carbines.
Rifles have been 16" for as long as I can remember. Shotguns are 18".
here is the original NFA stating that rifles with <18" barrel are NFA items.

https://archive.org/stream/NationalFirearmsActOf1934/National_Firearms_Act_of_1934_djvu.txt

( a ) The ter . m " fir earm " means a shotgun or rifle having a barrel
of less than eighteen inches in length
, or any other weapon, except
a pistol or revolver, from which a shot is discharged by an explo-
sive if such weapon is capable of being concealed on the person, or
a machine gun, and includes a muffler or silencer for any firearm
whether or not such firearm is included within the foregoing
definition.
I can't find when it was changed to 16"

this article mentions the change as well,
https://www.dailykos.com/stories/2012/1/23/1057310/-

2. Short-barreled rifle:
Originally, the NFA required rifles to be at least eighteen inches long. Some time after the Second World War and the Korean War, when the government realized that several hundred thousand non-military, non-police individuals possessed surplus M1 carbines without registration or a tax stamp, the NFA was changed so that 16" was the minimum requirement for a non-NFA weapon, as Miller clarified that the Second Amendment protected military-grade arms. Nowadays, the US Army uses the M4 carbine, which has a 14" barrel.
I've not measured my M1 carbine barrel, not sure if it is exactly 18" or perhaps it is slightly under 18", which would have necessitated the change to the NFA.
Link Posted: 4/4/2019 2:34:52 PM EST
[#40]
as Miller clarified that the Second Amendment protected military-grade arms.

Wait WUT?!
Link Posted: 4/4/2019 2:59:28 PM EST
[#41]
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Quoted:
as Miller clarified that the Second Amendment protected military-grade arms.

Wait WUT?!
View Quote
Yeah, that is intradasting.

I'm sure modern, sensible courts will see the true meaning of the 2A though, which is about sporting arms for fudds.
Link Posted: 4/4/2019 3:27:25 PM EST
[#42]
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Quoted:
Yeah, that is intradasting.

I'm sure modern, sensible courts will see the true meaning of the 2A though, which is about sporting arms for fudds.
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Quoted:
Quoted:
as Miller clarified that the Second Amendment protected military-grade arms.

Wait WUT?!
Yeah, that is intradasting.

I'm sure modern, sensible courts will see the true meaning of the 2A though, which is about sporting arms for fudds.
an unbiased reading of the opinion would show that miltary-grade arms would be protected.

The Court cannot take judicial notice that a shotgun having a barrel less than 18 inches long has today any reasonable relation to the preservation or efficiency of a well regulated militia, and therefore cannot say that the Second Amendment guarantees to the citizen the right to keep and bear such a weapon.

In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment, or that its use could contribute to the common defense.
since Miller did not show up to SCOTUS, there was no defense to show that short-barreled shotguns were used in WW1 and that they had a reasonable relationship to a well regulated militia.  so SCOTUS just took the gov's argument and upheld the NFA.

when Heller was ruled some 60+ years later, you can actually see SCOTUS trying to block Miller so that we wouldn't be able to use it to legalize MGs.
Link Posted: 4/4/2019 6:02:32 PM EST
[#43]
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Quoted:
Yes, but that wasn't a win because Cleo notification became mandatory. Before 41F a trust could obtain an NFA item with no CLEO involvement at all, and add/remove beneficiaries without any fingerprints or background check. It was a net loss.
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Quoted:
Quoted:
This is where I continue to make myself unpopular by keeping it real.

Here are some truths that will result, in my opinion, in all this bump stock litigation sinking virtually all semi-autos in general in the long run.
...

9.   Anyone who doubts the last three should look back on item 2.   We've never softened NFA regulations.   The only reason the AWBan did not get renewed was that it contained a sunset clause.  Even then it was a closer thing than it should have been as the Dems and RINOS were scheming and they almost backdoored a renewal through the lawful commerce of arms thing.    Remember, gun guys -- especially freedom oriented gun guys -- are a very small part of the population.  We don't have anything near the sort of political clout to get the population to swallow rapid fire.   Not in this day and age and not after Vegas.  We don't have the clout, and this whole exercise is putting semi autos all at risk.

...
CLEO signoffs were eliminated, and that was done under FBHO.  Otherwise, I agree with your analysis, I don't like it but I agree that's reality.
Yes, but that wasn't a win because Cleo notification became mandatory. Before 41F a trust could obtain an NFA item with no CLEO involvement at all, and add/remove beneficiaries without any fingerprints or background check. It was a net loss.
That being a net loss or net gain is for everyone to decide for themselves.  I don't care about CLEO notification or trusts, so for me it was a net gain, others will disagree based on their own situation and preferences.  There is no one right answer when some positives and negatives are mixed together.  I was only commenting on the CLEO signoff repeal, not everything else that went with it.
Link Posted: 4/4/2019 6:59:10 PM EST
[#44]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
an unbiased reading of the opinion would show that miltary-grade arms would be protected.

since Miller did not show up to SCOTUS, there was no defense to show that short-barreled shotguns were used in WW1 and that they had a reasonable relationship to a well regulated militia.  so SCOTUS just took the gov's argument and upheld the NFA.

when Heller was ruled some 60+ years later, you can actually see SCOTUS trying to block Miller so that we wouldn't be able to use it to legalize MGs.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
as Miller clarified that the Second Amendment protected military-grade arms.

Wait WUT?!
Yeah, that is intradasting.

I'm sure modern, sensible courts will see the true meaning of the 2A though, which is about sporting arms for fudds.
an unbiased reading of the opinion would show that miltary-grade arms would be protected.

The Court cannot take judicial notice that a shotgun having a barrel less than 18 inches long has today any reasonable relation to the preservation or efficiency of a well regulated militia, and therefore cannot say that the Second Amendment guarantees to the citizen the right to keep and bear such a weapon.

In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment, or that its use could contribute to the common defense.
since Miller did not show up to SCOTUS, there was no defense to show that short-barreled shotguns were used in WW1 and that they had a reasonable relationship to a well regulated militia.  so SCOTUS just took the gov's argument and upheld the NFA.

when Heller was ruled some 60+ years later, you can actually see SCOTUS trying to block Miller so that we wouldn't be able to use it to legalize MGs.
It looks like the founding fathers must have messed up then. It should have been:

A well regulated hunting club being necessary to a free meal, the right to keep and bear hunting arms shall not be infringed.

Link Posted: 4/4/2019 11:02:41 PM EST
[#45]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

an unbiased reading of the opinion would show that miltary-grade arms would be protected.

since Miller did not show up to SCOTUS, there was no defense to show that short-barreled shotguns were used in WW1 and that they had a reasonable relationship to a well regulated militia.  so SCOTUS just took the gov's argument and upheld the NFA.

when Heller was ruled some 60+ years later, you can actually see SCOTUS trying to block Miller so that we wouldn't be able to use it to legalize MGs.
View Quote
He didn't show up because he was a bank robber in witness protection.  Too bad the whole laws hinge on this flawed case.
Link Posted: 4/5/2019 3:15:33 AM EST
[#46]
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Quoted:
He didn't show up because he was a bank robber in witness protection.  Too bad the whole laws hinge on this flawed case.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:

an unbiased reading of the opinion would show that miltary-grade arms would be protected.

since Miller did not show up to SCOTUS, there was no defense to show that short-barreled shotguns were used in WW1 and that they had a reasonable relationship to a well regulated militia.  so SCOTUS just took the gov's argument and upheld the NFA.

when Heller was ruled some 60+ years later, you can actually see SCOTUS trying to block Miller so that we wouldn't be able to use it to legalize MGs.
He didn't show up because he was a bank robber in witness protection.  Too bad the whole laws hinge on this flawed case.
The whole case was a setup from start to finish.

https://uknowledge.uky.edu/law_facpub/265/
Link Posted: 4/5/2019 7:07:24 AM EST
[#47]
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Quoted:

So now it's just a waiting game to see if they take it up or not,right?
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@carguym14 it's a waiting game to see what they do with the request for a stay. This wasn't a cert petition. Just a request to stay the implementation of the rule as to the appellants (Guedes, Roden, FPF, Madison Society, Florida Carry and Codrea, Heuman, and Monroe) for us to either ask the Court of Appeals to rehear en banc or file a cert petition.
Link Posted: 4/5/2019 7:15:08 AM EST
[#48]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

The whole case was a setup from start to finish.

https://uknowledge.uky.edu/law_facpub/265/
View Quote
This is how I see it.  Too much crap happened in the Miller trial for me to believe it was just happenstance.
Link Posted: 4/5/2019 7:17:55 AM EST
[#49]
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Quoted:

@carguym14 it's a waiting game to see what they do with the request for a stay. This wasn't a cert petition. Just a request to stay the implementation of the rule as to the appellants (Guedes, Roden, FPF, Madison Society, Florida Carry and Codrea, Heuman, and Monroe) for us to either ask the Court of Appeals to rehear en banc or file a cert petition.
View Quote
Laymen's terms please.

At this point can all this legal maneuvering do anything more than protect the named appellants?

What has to happen to have the whole thing (where the atf usurped the law with a ruling) thrown out?
Link Posted: 4/5/2019 10:18:53 AM EST
[#50]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Laymen's terms please.

At this point can all this legal maneuvering do anything more than protect the named appellants?

What has to happen to have the whole thing (where the atf usurped the law with a ruling) thrown out?
View Quote View All Quotes
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Quoted:
Quoted:

@carguym14 it's a waiting game to see what they do with the request for a stay. This wasn't a cert petition. Just a request to stay the implementation of the rule as to the appellants (Guedes, Roden, FPF, Madison Society, Florida Carry and Codrea, Heuman, and Monroe) for us to either ask the Court of Appeals to rehear en banc or file a cert petition.
Laymen's terms please.

At this point can all this legal maneuvering do anything more than protect the named appellants?

What has to happen to have the whole thing (where the atf usurped the law with a ruling) thrown out?
The purpose of the case is to overturn the ruling.

The next step is for our side to appeal - to a panel of judges or to SCOTUS. We’re asking SCOTUS to say that the ruling doesn’t apply until that process is completed.
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