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by ScottDLS
Wed Dec 12, 2018 12:32 pm
Forum: Federal
Topic: SCOTUS Agrees To Hear Case That May Ultimately Undermine ATF Power
Replies: 2
Views: 4118

Re: SCOTUS Agrees To Hear Case That May Ultimately Undermine ATF Power

Ameer wrote: Wed Dec 12, 2018 12:11 pm
jason812 wrote: Tue Dec 11, 2018 8:25 pm English was my worse subject in school. I have trouble reading legalese. If this goes through and the outcome is good for the country, can anybody please explain how far back and what ATF regs will be kicked to the curb?
https://www.nationalreview.com/2018/12/ ... eat-again/
I read the article too and I have to say it's a stretch. Undoubtedly there would be significant benefits to reining in the administrative state. However, I don't really get the leap from this case to ATF regulations. SCOTUS tends to rule relatively narrowly in these kinds of cases and then let the lower courts expand from their opinion in other cases with similar issues. Maybe the ruling will broadly alter the previous deference of the courts to agencies own interpretations of their technical regulations. But I still don't see the broad ranging effect visa vi the pro-gun community. ATF technical regulations tend to deal with obscure issues related to manufacturing and classifying firearms. Some of are interest to NFA gun enthusiasts.

The proposed bump stock regulations are the only thing I could see peripherally related to this case. And there are many good legal arguments against the proposed regs without this case. All of which will likely be ignored in view of the need to "do something" and head off further statutory regulation of semi-autos, but I digress.

Complete side note. If you are interested in a really well written (IMO) technical ruling in a federal civil case, take a look at the anti-SLAPP motion in the Stephanie Clifford (aka Stormy) vs. Trump suit. It was quite a read (to me anyway).

https://www.politico.com/f/?id=00000166 ... efca860002

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