Pistol brace ruling

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  • thperez1972

    ESSAYONS
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    10   0   0
    Dec 28, 2015
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    For all of the "I ToAd U sEw" people, the injunction doesn't say what you seem to think it says. This injunction does not do away with the rule. Nor does it say anything about the constitutionality of the rule. The injunction says the atf cannot enforce the rule while the case is making its way through the courts. The case hasn't been concluded. And the injunction was granted because the atf violated the administrative procedures act. The injunction does not say the rule is unconstitutional because violating the apa was enough for the injunction. The atf will appeal if they haven't already. If they lose, they can request the supreme court review the injunction. On top of all that, the actual case still has to be heard. If the atf loses the case due to administrative reasons rather than constitutional reasons, they need only submit a new rule in accordance with the apa and the fight starts over.

    So while this is indeed a victory, it is not THE victory.
     

    Bigchillin83

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    96   0   1
    Feb 27, 2012
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    For all of the "I ToAd U sEw" people, the injunction doesn't say what you seem to think it says. This injunction does not do away with the rule. Nor does it say anything about the constitutionality of the rule. The injunction says the atf cannot enforce the rule while the case is making its way through the courts. The case hasn't been concluded. And the injunction was granted because the atf violated the administrative procedures act. The injunction does not say the rule is unconstitutional because violating the apa was enough for the injunction. The atf will appeal if they haven't already. If they lose, they can request the supreme court review the injunction. On top of all that, the actual case still has to be heard. If the atf loses the case due to administrative reasons rather than constitutional reasons, they need only submit a new rule in accordance with the apa and the fight starts over.

    So while this is indeed a victory, it is not THE victory.
    Baaaa … move on sheep… lol :dogkeke:

    1699749828306.jpeg
     

    Jstudz220

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    26   0   0
    Oct 14, 2020
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    For all of the "I ToAd U sEw" people, the injunction doesn't say what you seem to think it says. This injunction does not do away with the rule. Nor does it say anything about the constitutionality of the rule. The injunction says the atf cannot enforce the rule while the case is making its way through the courts. The case hasn't been concluded. And the injunction was granted because the atf violated the administrative procedures act. The injunction does not say the rule is unconstitutional because violating the apa was enough for the injunction. The atf will appeal if they haven't already. If they lose, they can request the supreme court review the injunction. On top of all that, the actual case still has to be heard. If the atf loses the case due to administrative reasons rather than constitutional reasons, they need only submit a new rule in accordance with the apa and the fight starts over.

    So while this is indeed a victory, it is not THE victory.
    I don’t think anyone here was confused on the injunction from reading through this thread but thanks for the clarification of what the injunction is.
     

    honestlou

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    7   0   0
    Feb 17, 2009
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    I wish it were the case this issue is dead for the foreseeable future. I don't believe this was a constitutional decision. I believe the courts said the atf violated the rule making procedure. If the atf doesn't appeal this or doesn't win the appeal, they can simply resubmit a new rule that follows the listed procedure.
    I think that the court basically said that braced pistols are protected by the second amendment, but as a matter of policy the court does not rule on a constitutional issue if there are other grounds to decide the case.

    Basically they said “this is probably unconstitutional, but we won’t rule on that issue because we can throw it out based on the APA violation”.
     

    thperez1972

    ESSAYONS
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    Dec 28, 2015
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    I wish it were the case this issue is dead for the foreseeable future. I don't believe this was a constitutional decision. I believe the courts said the atf violated the rule making procedure. If the atf doesn't appeal this or doesn't win the appeal, they can simply resubmit a new rule that follows the listed procedure.
    I think that the court basically said that braced pistols are protected by the second amendment, but as a matter of policy the court does not rule on a constitutional issue if there are other grounds to decide the case.

    Basically they said “this is probably unconstitutional, but we won’t rule on that issue because we can throw it out based on the APA violation”.

    "This is probably unconstitutional, but we won’t rule on that issue" = this is not a constitutional decision
    "because we can throw it out based on the APA violation” = the atf violated the rule making procedure

    I'm not sure if you are agreeing with me or not.
     

    Jstudz220

    Well-Known Member
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    26   0   0
    Oct 14, 2020
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    Harvey Louisiana
    "This is probably unconstitutional, but we won’t rule on that issue" = this is not a constitutional decision
    "because we can throw it out based on the APA violation” = the atf violated the rule making procedure

    I'm not sure if you are agreeing with me or not.
    Seems like you’re confused…
     

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