Tuesday, March 12, 2019

Plain Meaning Of Statutory Terms? I Don't Think They Understand The Term

The Giffords Law Center to Prevent Gun Violence, otherwise known as the Cult of Personality's Legal Arm, has filed a notice that they will be filing an amicus brief in Guedes et al v. BATFE et al. This is the bump stock ban case that is on appeal to the US Court of Appeals for the DC Circuit after the denial of a temporary restraining order. The amicus brief will be in support of the government's position.
Pursuant to D.C. Circuit Rule 29(b), Giffords Law Center to Prevent Gun Violence (“Giffords Law Center”) hereby gives notice that it intends to file a brief in this matter as amicus curiae in support of Defendant-Appellees. Giffords Law Center focuses specifically on firearms policy and the plain meanings of statutory terms, highlighting Appellants’ reasoned approach to and the pressing need for bump stock regulation. All parties have consented to the filing of this brief.
Beyond the fact that the BATFE are the appellees and this notice highlights"Appellants' reasoned approach", to say that Giffords Law Center focuses on "the plain meanings of statutory terms" is an oxymoron. The National Firearms Act is clear on the definition of a machine gun and the BATFE's own expert from the Firearms Technology Division Richard Vasquez got it right when he said bump stocks were not machine guns.

The rule from BATFE and the DOJ justification of it were made up from whole cloth. Both the NFA Handbook and ATF Ruling 2006-2 are clear on the definition of a machine gun and a bump stock doesn't meet that definition. Congress was clear in what they meant in their definition of a machine gun and that is the real plain meaning.

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