People are looking at these cases the wrong way. The Chevron Deference doesn't apply in criminal cases. In criminal cases they use the Rule of Lenity- which is basically the opposite of the Chevron Deference in that any ambiguity or multiple possible interpretations of statute are resolved in favor of the defendant.
https://www.law.cornell.edu/wex/rule_of_lenity
So, the second the ATF charges somebody with a bump stock for illegally machine gun possesion, they're going to have to defend their position that a gun recoiling into your finger and firing again equals a continuous press of the trigger. They would lose.
Doesn't matter. The Supreme Court has made it quite clear that while they will make theoretical rulings for gun rights, if that ruling threatens to have any practical effect they'll look the other way. Which is why I can't buy a gun in New Jersey and the only effect of Bruen has been to make more of New York a "gun-free zone".
The NY case is already working through the courts. Some Colorado "assault weapons" bans have already been thrown out due to Bruen, and the CA mag ban is back at Judge Benitez who zapped it the first time.
These things take time, and we're not going to win them all. I hear these cases did not specifically address the history, text, tradition argument in Bruen, and that there's another case out there that does. So let's see how that one resolves before we become doom and gloom.
The NY case is already working through the courts.
Ah, yes, so 10 years from now perhaps the Supreme Court will decide again that NY has done wrong. And NY will go and do it again. Unless by then the Supreme Court has turned left, in which case they'll rule against gun rights and THAT ruling will have effect nationally.
Some Colorado "assault weapons" bans have already been thrown out due to Bruen
No final rulings, only a TRO. If Colorado doesn't win the District or Circuit level, they'll just pass a new law with the same effect but a Bruen-friendly justification and start all over.
When I can buy a gun in New Jersey, load it, strap it onto my hip and go to my office in New York City without violating any laws, THEN I'll believe gun rights decisions make a difference. Right now I can do none of that without committing a bunch of felonies. In fact, merely possessing certain weapons or magazines with more than 10 round capacity is a felony, a law the appeals courts endorsed before Bruen. They've been remanded but there's certainly no guarantee the appeals court won't find those laws are historically justified -- that's a loophole which can contain anything, with a friendly court.
Similar shit with uppers and lowers happened here in Norway, the police flip-flopped on which part was the gun, so for a period one or the other was essentially unregulated. It has resulted in at least one court case where someone bought both unlicensed and built a working AR.
People are looking at these cases the wrong way. The Chevron Deference doesn't apply in criminal cases. In criminal cases they use the Rule of Lenity- which is basically the opposite of the Chevron Deference in that any ambiguity or multiple possible interpretations of statute are resolved in favor of the defendant. https://www.law.cornell.edu/wex/rule_of_lenity
So, the second the ATF charges somebody with a bump stock for illegally machine gun possesion, they're going to have to defend their position that a gun recoiling into your finger and firing again equals a continuous press of the trigger. They would lose.
The ATF has had to quietly make cases related to AR-15 receivers go away over the past five or six years, for exactly this reason: https://www.thetruthaboutguns.com/the-atfs-definition-of-an-ar-15-lower-as-a-firearm-is-in-serious-trouble/
Doesn't matter. The Supreme Court has made it quite clear that while they will make theoretical rulings for gun rights, if that ruling threatens to have any practical effect they'll look the other way. Which is why I can't buy a gun in New Jersey and the only effect of Bruen has been to make more of New York a "gun-free zone".
The NY case is already working through the courts. Some Colorado "assault weapons" bans have already been thrown out due to Bruen, and the CA mag ban is back at Judge Benitez who zapped it the first time.
These things take time, and we're not going to win them all. I hear these cases did not specifically address the history, text, tradition argument in Bruen, and that there's another case out there that does. So let's see how that one resolves before we become doom and gloom.
Ah, yes, so 10 years from now perhaps the Supreme Court will decide again that NY has done wrong. And NY will go and do it again. Unless by then the Supreme Court has turned left, in which case they'll rule against gun rights and THAT ruling will have effect nationally.
No final rulings, only a TRO. If Colorado doesn't win the District or Circuit level, they'll just pass a new law with the same effect but a Bruen-friendly justification and start all over.
When I can buy a gun in New Jersey, load it, strap it onto my hip and go to my office in New York City without violating any laws, THEN I'll believe gun rights decisions make a difference. Right now I can do none of that without committing a bunch of felonies. In fact, merely possessing certain weapons or magazines with more than 10 round capacity is a felony, a law the appeals courts endorsed before Bruen. They've been remanded but there's certainly no guarantee the appeals court won't find those laws are historically justified -- that's a loophole which can contain anything, with a friendly court.
Similar shit with uppers and lowers happened here in Norway, the police flip-flopped on which part was the gun, so for a period one or the other was essentially unregulated. It has resulted in at least one court case where someone bought both unlicensed and built a working AR.