Plaintiffs Granted Stay in Bump Stock Appeals

Opinion

One of the few devices for which a stay has been granted.

U.S.A. – -(Ammoland.com)- Named appellants in three consolidated cases challenging a final agency rule banning Bump-Stock-Type Devices were granted an administrative stay Saturday on relinquishing their property on the March 26 deadline by the United States Court of Appeals for the District of Columbia Circuit.  Per the court order:

[T]he effective date of the Bump-Stock Rule, 83 Fed. Reg. 66514 (Dec. 26, 2018), be administratively stayed in its application only as to the named Appellants in appeals Nos. 19-5042 and 19-5044, pending further order of this Court. The purpose of this stay is exclusively to give the Court sufficient opportunity to consider the disposition of this highly expedited appeal, and should not be construed in any way as a ruling on the merits of the appeal.

What this means is, for now, the named plaintiffs, including this correspondent, will not be subject to enforcement action after the ban goes in effect Tuesday. It also means everyone else will be subject to arrest, prosecution, and punishment.

What that means in terms of the likelihood of challenges over specialized treatment is unclear at this point. The purpose of this report is simply to bring AmmoLand Shooting Sports News readers this new breaking development in an action arguing for the rights of all.

To that end, a joint motion to modify the stay order was filed Sunday noting:

[U]nless this Court modifies its Order to completely stay the Final Rule, or at least broaden it to include Institutional Appellants’ members, supporters, and similarly situated members of the public, several hundred thousand individuals (83 Fed. Reg. 5537) will be threatened with imminent felony prosecution and loss of property they believe they lawfully acquired under the ATF’s prior rulings and decades of policies and practices.

UPDATE

The court's response:

“O R D E R Upon consideration of the emergency joint motion to modify stay order, which includes a request to clarify the order filed March 23, 2019, the opposition thereto, and the reply, it is ORDERED that the motion to modify be denied. It is FURTHER ORDERED that the request for clarification be granted in part and be denied in part. The administrative stay entered on March 23, 2019, applies only to the named Appellants in appeals Nos. 19-5042 and 19-5044, including any current bonafide members of the named membership associations…”

So basically, if you're not in on the complaints, you're left out of the stay.


About David Codrea:David Codrea
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

  • 19 thoughts on “Plaintiffs Granted Stay in Bump Stock Appeals

    1. IF you’re declared a felon you can’t possess ANY firearm. Be brave .Defient. You won’t go to jail but a NICS check will be denied. It will also be a felony to buy or possess ammunition.

      Is it Constitutional, HELL NO! But while you’re arguing your rights you’ll be without the right that is yours.
      Eventually SCOTUS will find it is unconstitutional but by then you might be declared a felon under some other law.
      VOTE only straight Second Amendment but remeber parties hold teh power, so don’t vote for any DEmoctay or RINO.

    2. RE; Charles Valenzuela…….You have a point that everyone should consider carefully. It all comes around eventually if you let it slide.

    3. This country is going to hell faster than I ever could imagine, it is really disheartening….thanks for trying …

    4. So much for “equal protection under the law”. Only a few financially able to file suit will get the opportunity to be heard.

      1. I am asking in all earnest ….. what do you plan on doing? Go to war against the government or the armed forces when they kick down your door? Do you have children or loved ones who would be better off with you being dead? Do you belong to any organizations prepared to carry out civil war against the scum politicians who write “laws” violating the Constitution? I am not a troll, a dem or agent of any sort but a seriously minded citizen who sees what is happening and is not sure what I can do at this time. I am a father of a “special-needs” adult with a potentially life-threatening medical condition who needs me alive to care for him. I will never relinquish his care to any government agency or social network. So what am I to do based on your position? I inquire about this almost daily on this site because I learn so much and it gives me pause for consideration and education.

        1. @Mark R, It would be really bad OPSEC to tell you our plans. Nor are you in the chain of command. Nor do you have a need to know.

          1. That is the logical plan of the resistance – the growing domestic enemies don’t need to know noth’n about what would occur, when they decide to obey treasonous orders against peaceful, loving American Patriots. Do think that those (only about 3% or so) that fought and died for this beautiful Country back during the American Revolution held back because someone that they loved and cared for at home was sick or dying? I’m sorry about your family situation, you can find other means and various needed duties to help the cause WTSHTF. Those of us that are able, will do what others, can or can not do – we are all in this together, whether you like it, or not. Those traitors don’t give a damn about us, or our families, including yours. They want a pluralistic dictatorship (Government, Medical, etc) here in America, and we will NOT give them the satisfaction of’a git’n that ugly, damn, stink’n, treasonous prize. Let them be the evil aggressors that they want to be, we will be’a ready, and’a wait’n fir’m – Molon Labe

          2. I wasn’t asking for details of plans, just general ideas people have thought about. I do have a need to know as it is mine and my children’s lives at stake.

            1. Sorry, but this Country is at stake. And, I understand your inquiry – and, it isn’t an easy question to answer. Any kind of war is always ugly and messy. Innocent people unfortunately get hurt or killed – none of us want this to occur – this is America, damn it. We are getting backed into a very small corner – not much Liberty and Freedoms left – so, you either bow to your SlaveMaster, and suffer the consequences of your pacifist decision (even our Court Systems are mostly all infiltrated and radically corrupt, and the Supreme Court is a joke). So, Molon Labe is the logical and sane choice.

            2. Mark. I would put faith in those that stake their lives for their children. There are people that consider children as other vipers in a den of snakes to be gassed and burned. There is no general ideas as there is no generals. We are all the leader, that is a lot of heads to cut off to kill a body. We will not be intertangled in a den or slither away. We will neither need to lead or follow but can not stay out or the way. Those in opposition may join us or fight us, nobody can stay out of the way. Our enemies want us gone to take what we had. We rather not give what we have before we are gone.
              So, join us as a fellow leader and we all will stake our lives for your child.

          3. The smartest move for all is…..to do nothing! If you own property that someone else wants to take don’t let anyone know you have it. If people knew you had it in the past tell them you no longer have it; you sold it for cash and can’t remember to whom. If you’re afraid of someone asking if they can look around, put it in a plain brown cardboard box and ask a friend if they can put it in their garage (without revealing what it is) for safe keeping for a while.

            This President, this government, these politicians are not our friends. They are supposed to serve us. Now, we are are in the position of serving them. This is a pivotal point. Let us all be cautious and lay low.

            1. I agree, but some of us need to stick our necks out of the cave, and yelp a think or two – what the heck – most of us are on their list anyway – I don’t care anymore – this once beautiful Country is dying slowly with each passing day, not with each passing decade, as before. We are close to Checkmate in this unavoidable elitist chess game – they have been planning for this for over a century – and, with the help of super advanced technology, and it wasn’t done to improve our comfortable lives, but for their ultimate control of civilizations on this planet Earth.

        2. Yes. If someone kicks down my door, I guess I will need to “go to war” as you put it. What will you do when the government decides your child is a drain on their socialist economy, and they kick down YOUR door to take him away to be euthanized for the good of the state? Eh? What’s your plan for that, if they have already been by your house and collected your guns? HOW are you going to resist the latest “ban” when you already submitted to being disarmed? Got a “PLAN” for that? These are the same leftists that already murder babies that no one is willing to claim or wants to keep. How much longer do you think it will take, after collecting those guns, for the socialists to decide that un-productive persons like your child, or old people, are consuming resources that could better be used to buy votes? Eh?

          1. Any of us who have guns and ammo and have for some time have them in two categories… those that are “documented”, and those that have NO record or means of tracing back to you. Some might fall in between the cracks… guns bought used at a pawn shop or gun store will be in the Record of Transactions. but their numbers won’t trace even to that point of sale. This is the “gap in the record” the traitors want to “fix” by demanding Universal Background Checks, which would, eventually, have a record of all firearms and who owns them. If I bought a hunting rifle fifteen years ago from a pawn shop that number won’t trace beyond the first retail purchaser…. maybe ten years earlier. The train of possession is broken, so they can’t put in the number or my name and come up with who has it now….. as it stands, even if they DO come round knocking up my door and asking for that old Rem 700 chambered in ’06, knwing I bought it from ABC Loans in 2004, if I have it “somewhere” and declare Oh, I sold that thing ten years ago”, back before UBC was the law, they cannot prove I did not, unless they FIND the gun itself. Most of us, I would think, have guns in this category.

            THOSE are the ones we can ferret away “somewhere”, leaving the ones recetnly purchased, or purchased new from FFL, as the surrender guns, at least a few of them, to make them go away thinking they got them all.. just like the Jews in Warsaw did back when the Nazis came round to “Mr. and Mrs. America,turn them all in”.

            As to communication, FRS and ham are capable, with different uses, untraceable, and inependent of any central system as are internet and mobil phones. VHF radio falls into that category as well, but with much shorter (generally line of sight) range.

            1. Tionico. What you say is good, but it is not what we have that is wanted removed. It is people like us they want removed. It is practical to eliminate those with the proven audacity to possess firearms first. All others, having the right to possess is enough to assume they are armed and will act accordingly. They are not after the gun listed on a form just the person listed on the form. There would be no reason to inter our home when it can be burned. They will minimize their exposer to danger and care less for loses. It is best that we all be the Leader of the Resistance. That way we do not wait orders to kill while we are dying.

        3. Best advice I can come up with, and it is not considered in depth as I do not know all of your circumstances…. do some research into which states have a large number of sheriffs who are taking a strong stand in favour of our individual liberties, and declareing WE WILL NOT ENFORCE unconstitutional laws no matter what level of government propagates them.
          There are yet some states that still have solid laws in place protecting our rights. Other states seem to be on a tear to remove as many of our individual God-given rights as possible. I am now living in one which has radically changed for the worse in this regard, and more unacceptible changes are in the pipeline of our legislature.

          SOme states have Constitutional (no paperwork needed) carry laws, and very simple laws regarding gun possession. But some of those same states also have some other nasty laws where government usurps authority they oughtn;t have.

          Some things I am looking for are gun laws, vaccine laws, county zoning laws (some have none at all in most places, such as Missouri), laws relating to educating your children at home, vehicle registration (I HATE the entire concept of an annual vahicle inspection and sticker), whether it has a huge densly populated city that runs the rest of the state…..

          Relocating can be a daunting undertaking, but it would seem, on the surface, that your circumstances might direct you toward finding a state where the sorts of major upheaval of a new civil war might be lessened. I can’t think of a foreign country that would be suitable.. I had thought New Zealand until these past two weeks. The kneejerk reactions of government there over one isolated first time incident reveals the weakness of government, and of the national will of the people. Where is the plucj that wrested that gentle and prosperous nation out of the rocks they found when the first settlers arrived? If the PEOPLE of EnnZed nad rallied en masse and declared WE WILL BE ARMED to end any such event in the future….. instead of voluntarily surrendering the only effective means to remove such violence from their society…. I’d still be thinking that way. I don’t have the funds to buy a million acre redoubt in the temperate hill country of Argentina……. as some do. Even then, will I have the additional funds to find, equip, train, my own militia force to see to “the security of my free estate”? Not likely.

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