Scott Hardin v. ATF, 20-6380 (6th Cir. 2023) bump stocks


B.L.U.F. Why the Sixth Circuit Court found that the bump stock ban is not constitutional.


This was not a Second Amendment challenge to the rule. Instead, it was an Article I, Section 1 challenge.

All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Constitution of the United States of America

The ATF is not a part of the Congress, but is instead a part of the Executive branch. The Executive branch is charged with enforcing laws, not in creating laws.

Given this challenge, Bruen plays no part in the decision except that it indicates that the Supreme Court is serious about Second Amendment protected rights.

The Question

Is the ATF’s interpretation of 18 U.S.C § 922(o)(1) which incorporates 26 U.S.C. § 5845(b) Constitutional?

§ 922 is the Gun Control Act. This is where it says it shall be unlawful for any person to transfer or possess a machinegun.§922(o)(1). That definition of a machinegun is what is at issue:

The term “machinegun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.
26 U.S.C. §5845(b) NFA

Is it a machinegun?

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Criminals search for Stupid People: The Gym Version.

And it seems we have a bumper crop of Stupid getting fit.

 

NASHVILLE, Tenn. (WKRN) — Metro police are warning gymgoers to lock up their belongings after multiple reports of keys being taken from locker rooms and used to steal cars.

“People go to the gym, they’re focused on I’ve got to get my workout in, maybe it’s chest day, maybe I’m trying to get some cardio in,” West Precinct Investigations Lt. Keith McNamara explained. “But in the meantime, somebody else has other plans.”
West Precinct officers are working hard to catch at least four suspects after keys were taken from the Planet Fitness on Charlotte Pike last week and the Bellevue YMCA on April 13.

“What they’re doing is they’re taking keys, wallets and other valuables out of unsecured lockers and then they’ll take those keys out to the parking lot and steal the car while the patron is inside working out,” Lt. McNamara said.

Police looking for thieves targeting Nashville gymgoers (wkrn.com)

Since I started going to the gym, I used the lockers maybe three times and always with a lock. I ended up designing a routine that did not involve the use of a locker because I found it to be a waste of time in my particular case. I carry all my stuff with me in a secured manner and nobody is the wiser. And I understand that some people may have to use the locker, but for Adonis’ sake, invest in a lock and only leave in there what you can afford to lose.

If you can lug around the stupid nalgene bottle in between stations and weights, you can carry your car keys and wallet.

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Stalin with knockers

 

I guarantee that Tucker will end up with a podcast that has more subscribers that Joe Rogan and the only one who suffers financially from this is Fox News.

But the alacrity by which a government official celebrates the temporary loss of a platform by a mouthpiece she hates is terrifying.

Freedom of speech is fundamentally not a value she holds.

She is an authoritarian to the core.

She Guevara

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When idiots keep making it harder for the rest.

NASHVILLE, Tenn. (WKRN) — As the number of stolen guns soars in Nashville, Metro police said urgent requests to firearm owners are not enough and they’re asking lawmakers for help. This comes as the efforts to criminalize loose gun storage are put on hold.

“Despite these ongoing requests for enhanced personal responsibility, the number of guns stolen from vehicles has only increased in Nashville,” said Metro Police Chief John Drake in a March 2023 letter to the chairman of the House Criminal Justice Subcommittee.

Chief Drake said the police department’s efforts include a weekly social media campaign pointing to the number of guns stolen that week and the running tally year to date. Plus, regular reporting of stolen firearm numbers by Nashville media outlets and signage across the city, urging drivers to secure guns in vehicles.
Now, the department is asking for legislation to help hold gun criminals accountable.

Number of guns stolen from cars soars as legislation is put on hold (wkrn.com)

I have seen their “efforts”: some PSA ad on TV at three in the morning and the occasional bleep in Twitter. There is no true campaign seeking to change minds about this idiocy. And yes, it is an idiotic thing for Gun Owners to leave weapon unsecured in their vehicles which a lot of times are not even locked apparently. And this apparently perennial idiocy is the fodder the Antis need to demand gun control legislation. The bad part is that they may get it and we have nobody but us to blame for it. We need to either convince our fellow gun owners that glass windows are not an effective criminal stopper or be ready to have legislation shoved up our fannies.

Leaving your weapon unsecured in the car is the equivalent of buying a $1,000 gun and spend $15 on a cheap nylon holster. It is fucking stupid.

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Tuesday Tunes

I ran across Mean Mary when looking for Dueling Banjo’s. I wasn’t certain whether I liked her voice or not. Google added her to my rotation, and every once in a while I’d hear a song that I really liked. And then I would look, and it was Mean Mary.

She is a multi instrumentalist. She plays fiddle, banjo, and guitar. That’ve seen so far. She likely plays more.

As I looked through YouTube for more Mean Mary videos, I found a number of “Reacts to” videos. The opera singer was impressed with her voice. The pair of hard rockers were impressed with her playing. The others had similar statements.

And they almost all then went to, “Oh shit, she plays like that! That’s amazing.” when they got to the end.


This one is for all of you that have ever had to give a product pitch


She has a religious bend. This is a devil of song.

She is self-named. When she was younger, she wrote a song titled “Mean Mary from Alabama”. By younger, I mean 6. There is a video of her on some sort of local show at a very young age, being introduced as “Mean Mary St. James”.

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Very educative video.

Samm group of protesters shows up at a drag show event and get attacked by an Antifa goon who is shortly arrested alongside two more of his fellows. Everything gets caught on camera.

These are several random observations I had. Feel free to add yours in the comments.

1) They are well funded. They have gear that does not come cheap for people who are probably not holding a high-paying job. If somebody feel like doing the math and add up all the stuff they are carrying, it will be very welcomed.

2) They use misdirection and layering a lot. Two were keeping the protesters distracted while the third sneaked in and sprayed. Right after the attack, two others with long guns step in to block field of view and possibly distract with menacing.

3) Hard and fast actions against them makes them lose confidence. Once the first arrest started and the couple of “helpers” ended up tasting asphalt, the rest pretty much became docile observers. Good thing because I am willing to bet they were being tagged by PD overwatch from an elevation(s) nearby. The cops themselves had their own layers/shields of officers with long guns and probably bad attitudes. Knowing that they were facing somebody who had the legal ability to shoot them and get away with it makes a shit load of difference on your ego. We are restricted by law to respond as defensive measure only and only in the extreme. Antifa knows that and also knows they can initiate actions to escalate violence because they will be bailed, and legal fees paid for by others while we cannot afford such expenditure.

4)  Media is truly an accomplice and/or enabler of Antifa. I have not seen splashed across the headlines the fact that several heavily armed goons wearing bulletproof vests, attacked 5 peaceful unarmed folks well away the drag show, one of them an African American. Our side shows at a Moms Demand rally wearing NRA shirts and heckling Shannon Watts, and you bet your ass it makes it on the national news that we were White Supremacists violently intimidating poor moms worried about their children not being shot in school.

OK, you add your own.

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