US appeals court blocks ban on rapid-fire 'bump stocks'
By KEVIN McGILL
Today
NEW ORLEANS (AP) — A Trump administration ban on bump stocks — devices that enable a shooter to rapidly fire multiple rounds from semi-automatic weapons after an initial trigger pull — was struck down Friday by a federal appeals court in New Orleans.
The ban was instituted after a gunman perched in a high-rise hotel using bump stock-equipped weapons massacred dozens of people in Las Vegas in 2017. Gun rights advocates have challenged it in multiple courts. The 13-3 ruling at the 5th U.S. Circuit Court of appeals is the latest on the issue, which is likely to be decided at the Supreme Court.
The decision doesn't have an immediate effect on the ban though because the case now moves back to the lower court to decide how to proceed.
The case was somewhat unique because the issue involves not the Second Amendment but the interpretation of federal statutes. Opponents of the ban argued that bump stocks do not fall under the definition of illegal machine guns in federal law. The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives says they do, a position now being defended by the Biden administration.
“A plain reading of the statutory language, paired with close consideration of the mechanics of a semi-automatic firearm, reveals that a bump stock is excluded from the technical definition of ‘machinegun’ set forth in the Gun Control Act and National Firearms Act,” Judge Jennifer Walker Elrod wrote in the lead majority opinion.
The court found that the definition of a machinegun — which is set out in two different federal statutes — “does not apply to bump stocks.”
The ban had survived challenges at the Cincinnati-based 6th U.S. Circuit Court of Appeals; the Denver-based 10th Circuit; and the federal circuit court in Washington. A panel of three judges at the 5th Circuit also issued a ruling in favor of the ban, upholding a lower court decision by a Texas federal judge. But the full New Orleans-based court voted to reconsider the case. Arguments were heard Sept. 13.
Bump stocks harness the recoil energy of a semiautomatic firearm so that a trigger “resets and continues firing without additional physical manipulation of the trigger by the shooter,” according to the ATF. A shooter must maintain constant forward pressure on the weapon with the non-shooting hand, and constant pressure on the trigger with the trigger finger, according to court records.
The full appeals court Friday sided with opponents of the ATF rule. They had argued that the trigger itself functions multiple times when a bump stock is used, so therefore bump stock weapons do not qualify as machine guns under federal law. They point to language in the law that defines a machine gun as one that fires multiple times with a “single function of the trigger.”
Most of the majority also agreed that if the law is ambiguous, it's up to Congress to address the issue under a court doctrine known as “lenity."
In a dissent, Judge Stephen Higginson disagreed that bump stocks don't fall under the federal definition of machine guns. And he wrote that the majority's interpretation of the lenity principle was too broad. “Under the majority’s rule, the defendant wins by default whenever the government fails to prove that a statute unambiguously criminalizes the defendant’s conduct,” Higginson wrote.
Richard Samp, who argued against the rule on behalf of a Texas gun owner, said he was pleased with Friday's ruling and had expected it after the September arguments.
The Justice Department did not immediately respond to messages seeking comment on Friday evening.
Judges ruling against the ban were Elrod, Priscilla Richman, Edith Jones, Jerry Smith, Carl Stewart, Leslie Southwick, Catharina Haynes, Don Willett, James Ho, Kyle Duncan, Kurt Engelhardt, Cory Wilson and Andrew Oldham. All but Stewart are Republican appointees to the appeals court.
Higginson's dissent was joined by judges James Dennis and James Graves. The case was argued before Judge Dana Douglas, a recent appointee of Democratic President Joe Biden, joined the 5th Circuit.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
0
brianlux
Moving through All Kinds of Terrain. Posts: 42,310
Unreal. The gun situation in this country is un.fucking.real.
"Pretty cookies, heart squares all around, yeah!" -Eddie Vedder, "Smile"
"Try to not spook the horse."
-Neil Young
0
brianlux
Moving through All Kinds of Terrain. Posts: 42,310
Here's another thing I think about all this. I think most of you here are on board with this, but I need to say this anyway-
I have not always been hard-core anti-guns. I am now however, because of all the stories about all the dead bodies piling up because of all the shootings because of all the "right to bear arms" bullshit some people spew. Anyone who is a "responsible gun owner" (I'm not even sure what that is, but some people say they are so...) anyone who says they are responsible with fire arms and complains to or about people like me/us who have become hard-core anti-guns are barking up the wrong tree. Some of us have become hardened against ALL guns because of all the killings, all the increased social dangers, and because some gun owners bitch at us about how we want to take away their so-called "rights" instead of taking it their senators and congress people and demanding they enact stricter background checks, require greater training, and eliminate fire arms that are manufactured with the sole purpose of killing large numbers of human as quickly as possible. Anyone who is a gun owner and/or pro-gun advocate, should not blame us who have became hard care anti-guns if they lose their "right to bear arms". We're sick of the killing and the lack of reasonable restrictions and requirements that should be required for gun ownership and we have and will continue to speak out about that and advocate for tighter and tighter gun restrictions.
"Pretty cookies, heart squares all around, yeah!" -Eddie Vedder, "Smile"
“Responsible” gun owners at it again. They ain’t going away. Let’s see if Kevin condemns it from the house Dias.
Police probe 5 shootings at homes and offices of New Mexico Democrats
Police in Albuquerque are investigating whether five shootings that hit Democratic lawmakers’ homes and offices over the past four weeks are connected or politically motivated.
In each incident, several rounds of gunfire hit the walls and doors of buildings. No injuries have been reported but some elected officials wrote on social media about living in fear. The FBI and state police are assisting in the investigation.
“We don’t want to speculate that these are related … The investigation hopefully will determine what’s related and what’s not related,” Albuquerque Police Chief Harold Medina said at a news conference Thursday. “I think on the surface, we could all recognize and see that they are all members of the Democratic Party that we know of, so, you know, there’s always that connection, but we don’t know.”
Newly elected New Mexico Attorney General Raúl Torrez, Bernalillo County Commissioner Adriann Barboa, state Sens. Linda Lopez (D) and Antonio “Moe” Maestas (D), and former commissioner Debbie O’Malley were all impacted by the five separate shootings, authorities said.
“These shootings are very serious crimes,” Albuquerque Mayor Tim Keller (D) said Thursday. “Our elected officials have chosen to serve. They should never be made to feel in danger, in the comfort of their own homes, nor should anyone.”
Albuquerque FBI Special Agent in Charge Raul Bujanda said his office is helping to follow the evidence in the case. “And the evidence is going to lead us to exactly the individual or individuals who are responsible for this,” he added.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
The 2A gun nuts will like this but holy shit we can all imagine how this could go wrong.
The guy was cool as hell and obviously did a perfect job of taking the guy down but what if the robber had paid a bit more attention and shot the guy before he was able to retaliate? And then shot other people in a panic?
Remember the Thomas Nine !! (10/02/2018) The Golden Age is 2 months away. And guess what….. you’re gonna love it! (teskeinc 11.19.24)
1998: Noblesville; 2003: Noblesville; 2009: EV Nashville, Chicago, Chicago 2010: St Louis, Columbus, Noblesville; 2011: EV Chicago, East Troy, East Troy 2013: London ON, Wrigley; 2014: Cincy, St Louis, Moline (NO CODE) 2016: Lexington, Wrigley #1; 2018: Wrigley, Wrigley, Boston, Boston 2020: Oakland, Oakland:2021: EV Ohana, Ohana, Ohana, Ohana 2022: Oakland, Oakland, Nashville, Louisville; 2023: Chicago, Chicago, Noblesville 2024: Noblesville, Wrigley, Wrigley, Ohana, Ohana; 2025: Pitt1, Pitt2
American conservatives are grooming our children to become domestic terrorists.
It's so stupid. One of my best friends from high school posted pictures of all of his guns several years ago while we were still facebook friends. Several handguns, knives, shotgun, a few AR-15 type rifles and one giant machine gun that looked like something that used to hang out of a B-17.
I had to delete him because he was so anti-Obama I just couldn't take it anymore.
Remember the Thomas Nine !! (10/02/2018) The Golden Age is 2 months away. And guess what….. you’re gonna love it! (teskeinc 11.19.24)
1998: Noblesville; 2003: Noblesville; 2009: EV Nashville, Chicago, Chicago 2010: St Louis, Columbus, Noblesville; 2011: EV Chicago, East Troy, East Troy 2013: London ON, Wrigley; 2014: Cincy, St Louis, Moline (NO CODE) 2016: Lexington, Wrigley #1; 2018: Wrigley, Wrigley, Boston, Boston 2020: Oakland, Oakland:2021: EV Ohana, Ohana, Ohana, Ohana 2022: Oakland, Oakland, Nashville, Louisville; 2023: Chicago, Chicago, Noblesville 2024: Noblesville, Wrigley, Wrigley, Ohana, Ohana; 2025: Pitt1, Pitt2
American conservatives are grooming our children to become domestic terrorists.
It's so stupid. One of my best friends from high school posted pictures of all of his guns several years ago while we were still facebook friends. Several handguns, knives, shotgun, a few AR-15 type rifles and one giant machine gun that looked like something that used to hang out of a B-17.
I had to delete him because he was so anti-Obama I just couldn't take it anymore.
All the panic from the right about grooming and indoctrination.... every accusation from them is a confession / projection.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Not gun violence but I've been posting about the Idaho murders here...
* Kohberger's mobile records show that he had visited the area of the murders 12 times prior to Nov 12 * Kohberger's DNA was found on the knife sheath that he left in the home. They got his DNA from his parent's trash...fucking incredible * Likely DNA in other locations that we don't know about yet * Kohberger drove by the house where the murders occurred around 915am the next morning. * Police found that Kohberger had posted anonymously in a Facebook crime group and mentioned that "This leads me to believe that they found the sheath"....really odd
It will be interesting to hear his defense.
Remember the Thomas Nine !! (10/02/2018) The Golden Age is 2 months away. And guess what….. you’re gonna love it! (teskeinc 11.19.24)
1998: Noblesville; 2003: Noblesville; 2009: EV Nashville, Chicago, Chicago 2010: St Louis, Columbus, Noblesville; 2011: EV Chicago, East Troy, East Troy 2013: London ON, Wrigley; 2014: Cincy, St Louis, Moline (NO CODE) 2016: Lexington, Wrigley #1; 2018: Wrigley, Wrigley, Boston, Boston 2020: Oakland, Oakland:2021: EV Ohana, Ohana, Ohana, Ohana 2022: Oakland, Oakland, Nashville, Louisville; 2023: Chicago, Chicago, Noblesville 2024: Noblesville, Wrigley, Wrigley, Ohana, Ohana; 2025: Pitt1, Pitt2
Superintendent: Official learned of weapon before shooting
7 mins ago
NEWPORT NEWS, Va. (AP) — Administrators at the Virginia school where a first-grader shot his teacher last week learned the child may have had a weapon in his possession before the shooting but did not seize the 9mm handgun he brought to his classroom, the school system's superintendent said.
School system Superintendent George Parker told parents Thursday night in an online meeting that a school official was notified about the weapon before the 6-year-old shot the teacher at Richneck Elementary in Newport News.
“At least one administrator was notified of a possible weapon in the timeline that we’re reviewing and was aware that that student had, there was a potential that there was a weapon on campus," the superintendent told parents, according to a clip of the meeting broadcast by WAVY-TV.
The online meeting was for parents only but WAVY-TV reported the station gained access to the meeting from a parent.
The superintendent and a school spokeswoman did not respond to multiple messages from The Associated Press. Details about how they learned about the weapon and why it wasn't found before the shooting weren't immediately available. The police chief has previously said the boy brought the gun to school in his backpack.
The teacher, Abigiail Zwerner, 25, was shot in the chest with injuries initially considered to be life threatening. Her condition has improved, though, and she has been reported in stable condition at a hospital.
Earlier Thursday, Newport News School Board Chair Lisa Surles-Law said the district will install metal detectors at all schools, starting with Richneck.
The Jan. 6 shooting occurred as Zwerner was teaching her class. Authorities said there was no warning and no struggle before the 6-year-old boy pointed the gun at Zwerner.
Police Chief Steve Drew has described the shooting as intentional. A judge will determine what’s next for the child, who is being held at a medical facility following an emergency custody order.
Drew said the child used his mother’s gun, which had been purchased legally. It’s unclear how he gained access to the weapon. A Virginia law prohibits leaving a loaded gun where it is accessible to a child under 14 as a misdemeanor.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Superintendent: Official learned of weapon before shooting
7 mins ago
NEWPORT NEWS, Va. (AP) — Administrators at the Virginia school where a first-grader shot his teacher last week learned the child may have had a weapon in his possession before the shooting but did not seize the 9mm handgun he brought to his classroom, the school system's superintendent said.
School system Superintendent George Parker told parents Thursday night in an online meeting that a school official was notified about the weapon before the 6-year-old shot the teacher at Richneck Elementary in Newport News.
“At least one administrator was notified of a possible weapon in the timeline that we’re reviewing and was aware that that student had, there was a potential that there was a weapon on campus," the superintendent told parents, according to a clip of the meeting broadcast by WAVY-TV.
The online meeting was for parents only but WAVY-TV reported the station gained access to the meeting from a parent.
The superintendent and a school spokeswoman did not respond to multiple messages from The Associated Press. Details about how they learned about the weapon and why it wasn't found before the shooting weren't immediately available. The police chief has previously said the boy brought the gun to school in his backpack.
The teacher, Abigiail Zwerner, 25, was shot in the chest with injuries initially considered to be life threatening. Her condition has improved, though, and she has been reported in stable condition at a hospital.
Earlier Thursday, Newport News School Board Chair Lisa Surles-Law said the district will install metal detectors at all schools, starting with Richneck.
The Jan. 6 shooting occurred as Zwerner was teaching her class. Authorities said there was no warning and no struggle before the 6-year-old boy pointed the gun at Zwerner.
Police Chief Steve Drew has described the shooting as intentional. A judge will determine what’s next for the child, who is being held at a medical facility following an emergency custody order.
Drew said the child used his mother’s gun, which had been purchased legally. It’s unclear how he gained access to the weapon. A Virginia law prohibits leaving a loaded gun where it is accessible to a child under 14 as a misdemeanor.
Hey, but her condition has improved and it’s a misdemeanour. So there’s that.
Our founding fathers didn't write 2A just so we could infringe on the rights of law abiding 6 year olds, you guys. If we criminalize gun ownership for 6 year olds, than only the criminal 6 year olds will have guns.
Lawyer: Gun used by child who shot teacher was 'secured'
By BEN FINLEY
22 mins ago
NORFOLK, Va. (AP) — The family of a 6-year-old boy who shot and wounded his teacher in Virginia said Thursday that the gun he used had been “secured" and that one of his parents usually accompanied him in class but did not the week the shooting occurred.
Also on Thursday, the hospital that had been treating the teacher said that she was released earlier in the week and is continuing outpatient care.
The statement from the boy's family was released by an attorney and did not elaborate further on where the 9mm handgun was kept. The family also was not identified.
“Our family has always been committed to responsible gun ownership and keeping firearms out of the reach of children,” the statement said. “The firearm our son accessed was secured.”
The family also said that the boy “suffers from an acute disability and was under a care plan at the school that included his mother or father attending school with him and accompanying him to class every day.”
The family said the week of the shooting “was the first week when we were not in class with him. We will regret our absence on this day for the rest of our lives.”
The statement was released through the office of Newport News-based attorney James S. Ellenson. It is the first public communication from the child's family and comes nearly two weeks after the shooting occurred Jan. 6 at Richneck Elementary.
The teacher who was shot, Abby Zwerner, “continues her recovery as an outpatient with the support of family, friends, and health professionals,” Riverside Regional Medical Center spokesman Paul Constantine said in an email Thursday. Authorities had initially described her wounds as life-threatening.
Police said earlier that the 6-year-old’s mother legally purchased the gun but that it was unclear how her son gained access to it. A Virginia law prohibits leaving a loaded gun where it is accessible to a child under 14, a misdemeanor crime punishable with a maximum one-year prison sentence and $2,500 fine.
No charges have been brought against the mother, but the investigation continues, Newport News Police Chief Steve Drew said during one of two Facebook live chats he held with the community Wednesday.
During the first chat, the chief was asked at least twice about whether the boy's parents would be held accountable or the mother charged. Drew responded by saying he wanted to ensure detectives were able to conduct a thorough investigation.
“I am not going to rush them,” Drew said. His department has a great relationship with local prosecutors, he said, and he has “tremendous faith” that “they will make the right decision based on the evidence that they have in front of them.”
Investigators have nearly finished interviewing the children who were in the classroom, Drew said, and police are working with a psychologist to talk to them about what they saw.
“This is a unprecedented incident that we have had in our city, where a 6-year-old child obtained a firearm, brought it to school, pointed it, fired and shot his teacher in front of other students,” the chief said. “I have a young teacher who suffered a gunshot wound while teaching her classroom. By the grace of God, she’s still with us today.”
The statement from the boy's family also elaborated on the child's relationship with Zwerner, who has been called a hero by police and educators alike.
“Our heart goes out to our son’s teacher and we pray for her healing in the aftermath of such an unimaginable tragedy as she selflessly served our son and the children in the school,” the family said.
“She has worked diligently and compassionately to support our family as we sought the best education and learning environment for our son,” the statement continued. “We thank her for her courage, grace and sacrifice. We grieve alongside all of the other teachers, families and administrators for how this horrific incident has impacted them, our community, and the nation.”
The family said the child has been under hospital care since the shooting and is receiving “the treatment he needs.”
“We continue to pray for his teacher’s full recovery, and for her loved ones who are undoubtedly upset and concerned,” the family said. “At the same time, we love our son and are asking that you please include him and our family in your prayers.”
The shooting occurred as Zwerner was teaching her first grade class at Richneck. Authorities said there was no warning and no struggle before the boy pointed the gun at Zwerner. The bullet pierced her hand and struck her chest, police said. The 25-year-old teacher hustled her students out of the classroom before being rushed to the hospital.
Drew, the police chief, described the shooting as “intentional.” A judge will determine what’s next for the child.
The superintendent of Newport News schools revealed last week that Richneck administrators had learned the child may have had a weapon before the shooting. But a search did not find the handgun, despite staff looking through his bag.
The revelation fueled outrage among parents and particularly teachers. Many criticized school system administrators at a school board meeting Tuesday night for what they called a misguided emphasis on attendance and other education statistics over the safety of children and staff.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Lawyer: Gun used by child who shot teacher was 'secured'
By BEN FINLEY
22 mins ago
NORFOLK, Va. (AP) — The family of a 6-year-old boy who shot and wounded his teacher in Virginia said Thursday that the gun he used had been “secured" and that one of his parents usually accompanied him in class but did not the week the shooting occurred.
Also on Thursday, the hospital that had been treating the teacher said that she was released earlier in the week and is continuing outpatient care.
The statement from the boy's family was released by an attorney and did not elaborate further on where the 9mm handgun was kept. The family also was not identified.
“Our family has always been committed to responsible gun ownership and keeping firearms out of the reach of children,” the statement said. “The firearm our son accessed was secured.”
The family also said that the boy “suffers from an acute disability and was under a care plan at the school that included his mother or father attending school with him and accompanying him to class every day.”
The family said the week of the shooting “was the first week when we were not in class with him. We will regret our absence on this day for the rest of our lives.”
The statement was released through the office of Newport News-based attorney James S. Ellenson. It is the first public communication from the child's family and comes nearly two weeks after the shooting occurred Jan. 6 at Richneck Elementary.
The teacher who was shot, Abby Zwerner, “continues her recovery as an outpatient with the support of family, friends, and health professionals,” Riverside Regional Medical Center spokesman Paul Constantine said in an email Thursday. Authorities had initially described her wounds as life-threatening.
Police said earlier that the 6-year-old’s mother legally purchased the gun but that it was unclear how her son gained access to it. A Virginia law prohibits leaving a loaded gun where it is accessible to a child under 14, a misdemeanor crime punishable with a maximum one-year prison sentence and $2,500 fine.
No charges have been brought against the mother, but the investigation continues, Newport News Police Chief Steve Drew said during one of two Facebook live chats he held with the community Wednesday.
During the first chat, the chief was asked at least twice about whether the boy's parents would be held accountable or the mother charged. Drew responded by saying he wanted to ensure detectives were able to conduct a thorough investigation.
“I am not going to rush them,” Drew said. His department has a great relationship with local prosecutors, he said, and he has “tremendous faith” that “they will make the right decision based on the evidence that they have in front of them.”
Investigators have nearly finished interviewing the children who were in the classroom, Drew said, and police are working with a psychologist to talk to them about what they saw.
“This is a unprecedented incident that we have had in our city, where a 6-year-old child obtained a firearm, brought it to school, pointed it, fired and shot his teacher in front of other students,” the chief said. “I have a young teacher who suffered a gunshot wound while teaching her classroom. By the grace of God, she’s still with us today.”
The statement from the boy's family also elaborated on the child's relationship with Zwerner, who has been called a hero by police and educators alike.
“Our heart goes out to our son’s teacher and we pray for her healing in the aftermath of such an unimaginable tragedy as she selflessly served our son and the children in the school,” the family said.
“She has worked diligently and compassionately to support our family as we sought the best education and learning environment for our son,” the statement continued. “We thank her for her courage, grace and sacrifice. We grieve alongside all of the other teachers, families and administrators for how this horrific incident has impacted them, our community, and the nation.”
The family said the child has been under hospital care since the shooting and is receiving “the treatment he needs.”
“We continue to pray for his teacher’s full recovery, and for her loved ones who are undoubtedly upset and concerned,” the family said. “At the same time, we love our son and are asking that you please include him and our family in your prayers.”
The shooting occurred as Zwerner was teaching her first grade class at Richneck. Authorities said there was no warning and no struggle before the boy pointed the gun at Zwerner. The bullet pierced her hand and struck her chest, police said. The 25-year-old teacher hustled her students out of the classroom before being rushed to the hospital.
Drew, the police chief, described the shooting as “intentional.” A judge will determine what’s next for the child.
The superintendent of Newport News schools revealed last week that Richneck administrators had learned the child may have had a weapon before the shooting. But a search did not find the handgun, despite staff looking through his bag.
The revelation fueled outrage among parents and particularly teachers. Many criticized school system administrators at a school board meeting Tuesday night for what they called a misguided emphasis on attendance and other education statistics over the safety of children and staff.
Notice how no one wants to discuss the 800 pound gorilla in the room, namely the ease and accessibility of firearms and the total lack of accountability, responsibility and consequences thereof? Madness.
Ok all the usual stuff that we talk about , easy access, no such thing as a responsible gun owner etc. The most chilling part of this story to me is
“This is a unprecedented incident that we have had in our city, where a 6-year-old child obtained a firearm, brought it to school, pointed it, fired and shot his teacher in front of other students,” the chief said.
Comments
No student injuries being reported
The Golden Age is 2 months away. And guess what….. you’re gonna love it! (teskeinc 11.19.24)
1998: Noblesville; 2003: Noblesville; 2009: EV Nashville, Chicago, Chicago
2010: St Louis, Columbus, Noblesville; 2011: EV Chicago, East Troy, East Troy
2013: London ON, Wrigley; 2014: Cincy, St Louis, Moline (NO CODE)
2016: Lexington, Wrigley #1; 2018: Wrigley, Wrigley, Boston, Boston
2020: Oakland, Oakland: 2021: EV Ohana, Ohana, Ohana, Ohana
2022: Oakland, Oakland, Nashville, Louisville; 2023: Chicago, Chicago, Noblesville
2024: Noblesville, Wrigley, Wrigley, Ohana, Ohana; 2025: Pitt1, Pitt2
Libtardaplorable©. And proud of it.
Brilliantati©
https://www.cnn.com/2023/01/06/politics/bump-stocks-guns-appeals-court/index.html
Libtardaplorable©. And proud of it.
Brilliantati©
NEW ORLEANS (AP) — A Trump administration ban on bump stocks — devices that enable a shooter to rapidly fire multiple rounds from semi-automatic weapons after an initial trigger pull — was struck down Friday by a federal appeals court in New Orleans.
The ban was instituted after a gunman perched in a high-rise hotel using bump stock-equipped weapons massacred dozens of people in Las Vegas in 2017. Gun rights advocates have challenged it in multiple courts. The 13-3 ruling at the 5th U.S. Circuit Court of appeals is the latest on the issue, which is likely to be decided at the Supreme Court.
The decision doesn't have an immediate effect on the ban though because the case now moves back to the lower court to decide how to proceed.
The case was somewhat unique because the issue involves not the Second Amendment but the interpretation of federal statutes. Opponents of the ban argued that bump stocks do not fall under the definition of illegal machine guns in federal law. The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives says they do, a position now being defended by the Biden administration.
“A plain reading of the statutory language, paired with close consideration of the mechanics of a semi-automatic firearm, reveals that a bump stock is excluded from the technical definition of ‘machinegun’ set forth in the Gun Control Act and National Firearms Act,” Judge Jennifer Walker Elrod wrote in the lead majority opinion.
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The court found that the definition of a machinegun — which is set out in two different federal statutes — “does not apply to bump stocks.”
The ban had survived challenges at the Cincinnati-based 6th U.S. Circuit Court of Appeals; the Denver-based 10th Circuit; and the federal circuit court in Washington. A panel of three judges at the 5th Circuit also issued a ruling in favor of the ban, upholding a lower court decision by a Texas federal judge. But the full New Orleans-based court voted to reconsider the case. Arguments were heard Sept. 13.
Bump stocks harness the recoil energy of a semiautomatic firearm so that a trigger “resets and continues firing without additional physical manipulation of the trigger by the shooter,” according to the ATF. A shooter must maintain constant forward pressure on the weapon with the non-shooting hand, and constant pressure on the trigger with the trigger finger, according to court records.
The full appeals court Friday sided with opponents of the ATF rule. They had argued that the trigger itself functions multiple times when a bump stock is used, so therefore bump stock weapons do not qualify as machine guns under federal law. They point to language in the law that defines a machine gun as one that fires multiple times with a “single function of the trigger.”
Most of the majority also agreed that if the law is ambiguous, it's up to Congress to address the issue under a court doctrine known as “lenity."
In a dissent, Judge Stephen Higginson disagreed that bump stocks don't fall under the federal definition of machine guns. And he wrote that the majority's interpretation of the lenity principle was too broad. “Under the majority’s rule, the defendant wins by default whenever the government fails to prove that a statute unambiguously criminalizes the defendant’s conduct,” Higginson wrote.
Richard Samp, who argued against the rule on behalf of a Texas gun owner, said he was pleased with Friday's ruling and had expected it after the September arguments.
The Justice Department did not immediately respond to messages seeking comment on Friday evening.
Judges ruling against the ban were Elrod, Priscilla Richman, Edith Jones, Jerry Smith, Carl Stewart, Leslie Southwick, Catharina Haynes, Don Willett, James Ho, Kyle Duncan, Kurt Engelhardt, Cory Wilson and Andrew Oldham. All but Stewart are Republican appointees to the appeals court.
Higginson's dissent was joined by judges James Dennis and James Graves. The case was argued before Judge Dana Douglas, a recent appointee of Democratic President Joe Biden, joined the 5th Circuit.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
-Eddie Vedder, "Smile"
-Eddie Vedder, "Smile"
Police probe 5 shootings at homes and offices of New Mexico Democrats
Police in Albuquerque are investigating whether five shootings that hit Democratic lawmakers’ homes and offices over the past four weeks are connected or politically motivated.
In each incident, several rounds of gunfire hit the walls and doors of buildings. No injuries have been reported but some elected officials wrote on social media about living in fear. The FBI and state police are assisting in the investigation.
“We don’t want to speculate that these are related … The investigation hopefully will determine what’s related and what’s not related,” Albuquerque Police Chief Harold Medina said at a news conference Thursday. “I think on the surface, we could all recognize and see that they are all members of the Democratic Party that we know of, so, you know, there’s always that connection, but we don’t know.”
Newly elected New Mexico Attorney General Raúl Torrez, Bernalillo County Commissioner Adriann Barboa, state Sens. Linda Lopez (D) and Antonio “Moe” Maestas (D), and former commissioner Debbie O’Malley were all impacted by the five separate shootings, authorities said.
“These shootings are very serious crimes,” Albuquerque Mayor Tim Keller (D) said Thursday. “Our elected officials have chosen to serve. They should never be made to feel in danger, in the comfort of their own homes, nor should anyone.”
Albuquerque FBI Special Agent in Charge Raul Bujanda said his office is helping to follow the evidence in the case. “And the evidence is going to lead us to exactly the individual or individuals who are responsible for this,” he added.
Continues
https://www.washingtonpost.com/nation/2023/01/06/new-mexico-shootings-targeting-democrats/
Libtardaplorable©. And proud of it.
Brilliantati©
Libtardaplorable©. And proud of it.
Brilliantati©
that parent(s) need charged with as many felonies as can charged over this shooting.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Libtardaplorable©. And proud of it.
Brilliantati©
The 2A gun nuts will like this but holy shit we can all imagine how this could go wrong.
The guy was cool as hell and obviously did a perfect job of taking the guy down but what if the robber had paid a bit more attention and shot the guy before he was able to retaliate? And then shot other people in a panic?
The Golden Age is 2 months away. And guess what….. you’re gonna love it! (teskeinc 11.19.24)
1998: Noblesville; 2003: Noblesville; 2009: EV Nashville, Chicago, Chicago
2010: St Louis, Columbus, Noblesville; 2011: EV Chicago, East Troy, East Troy
2013: London ON, Wrigley; 2014: Cincy, St Louis, Moline (NO CODE)
2016: Lexington, Wrigley #1; 2018: Wrigley, Wrigley, Boston, Boston
2020: Oakland, Oakland: 2021: EV Ohana, Ohana, Ohana, Ohana
2022: Oakland, Oakland, Nashville, Louisville; 2023: Chicago, Chicago, Noblesville
2024: Noblesville, Wrigley, Wrigley, Ohana, Ohana; 2025: Pitt1, Pitt2
I had to delete him because he was so anti-Obama I just couldn't take it anymore.
The Golden Age is 2 months away. And guess what….. you’re gonna love it! (teskeinc 11.19.24)
1998: Noblesville; 2003: Noblesville; 2009: EV Nashville, Chicago, Chicago
2010: St Louis, Columbus, Noblesville; 2011: EV Chicago, East Troy, East Troy
2013: London ON, Wrigley; 2014: Cincy, St Louis, Moline (NO CODE)
2016: Lexington, Wrigley #1; 2018: Wrigley, Wrigley, Boston, Boston
2020: Oakland, Oakland: 2021: EV Ohana, Ohana, Ohana, Ohana
2022: Oakland, Oakland, Nashville, Louisville; 2023: Chicago, Chicago, Noblesville
2024: Noblesville, Wrigley, Wrigley, Ohana, Ohana; 2025: Pitt1, Pitt2
All the panic from the right about grooming and indoctrination.... every accusation from them is a confession / projection.
We're so fucked as a nation.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Not gun violence but I've been posting about the Idaho murders here...
* Kohberger's mobile records show that he had visited the area of the murders 12 times prior to Nov 12
* Kohberger's DNA was found on the knife sheath that he left in the home. They got his DNA from his parent's trash...fucking incredible
* Likely DNA in other locations that we don't know about yet
* Kohberger drove by the house where the murders occurred around 915am the next morning.
* Police found that Kohberger had posted anonymously in a Facebook crime group and mentioned that "This leads me to believe that they found the sheath"....really odd
It will be interesting to hear his defense.
The Golden Age is 2 months away. And guess what….. you’re gonna love it! (teskeinc 11.19.24)
1998: Noblesville; 2003: Noblesville; 2009: EV Nashville, Chicago, Chicago
2010: St Louis, Columbus, Noblesville; 2011: EV Chicago, East Troy, East Troy
2013: London ON, Wrigley; 2014: Cincy, St Louis, Moline (NO CODE)
2016: Lexington, Wrigley #1; 2018: Wrigley, Wrigley, Boston, Boston
2020: Oakland, Oakland: 2021: EV Ohana, Ohana, Ohana, Ohana
2022: Oakland, Oakland, Nashville, Louisville; 2023: Chicago, Chicago, Noblesville
2024: Noblesville, Wrigley, Wrigley, Ohana, Ohana; 2025: Pitt1, Pitt2
NEWPORT NEWS, Va. (AP) — Administrators at the Virginia school where a first-grader shot his teacher last week learned the child may have had a weapon in his possession before the shooting but did not seize the 9mm handgun he brought to his classroom, the school system's superintendent said.
School system Superintendent George Parker told parents Thursday night in an online meeting that a school official was notified about the weapon before the 6-year-old shot the teacher at Richneck Elementary in Newport News.
“At least one administrator was notified of a possible weapon in the timeline that we’re reviewing and was aware that that student had, there was a potential that there was a weapon on campus," the superintendent told parents, according to a clip of the meeting broadcast by WAVY-TV.
The online meeting was for parents only but WAVY-TV reported the station gained access to the meeting from a parent.
The superintendent and a school spokeswoman did not respond to multiple messages from The Associated Press. Details about how they learned about the weapon and why it wasn't found before the shooting weren't immediately available. The police chief has previously said the boy brought the gun to school in his backpack.
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The teacher, Abigiail Zwerner, 25, was shot in the chest with injuries initially considered to be life threatening. Her condition has improved, though, and she has been reported in stable condition at a hospital.
Earlier Thursday, Newport News School Board Chair Lisa Surles-Law said the district will install metal detectors at all schools, starting with Richneck.
The Jan. 6 shooting occurred as Zwerner was teaching her class. Authorities said there was no warning and no struggle before the 6-year-old boy pointed the gun at Zwerner.
Police Chief Steve Drew has described the shooting as intentional. A judge will determine what’s next for the child, who is being held at a medical facility following an emergency custody order.
Drew said the child used his mother’s gun, which had been purchased legally. It’s unclear how he gained access to the weapon. A Virginia law prohibits leaving a loaded gun where it is accessible to a child under 14 as a misdemeanor.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Libtardaplorable©. And proud of it.
Brilliantati©
Our founding fathers didn't write 2A just so we could infringe on the rights of law abiding 6 year olds, you guys. If we criminalize gun ownership for 6 year olds, than only the criminal 6 year olds will have guns.
Stupid libz really need to think this through.
https://www.cnn.com/2023/01/16/us/indiana-man-arrested-toddler-tv-handgun/index.html
Libtardaplorable©. And proud of it.
Brilliantati©
NORFOLK, Va. (AP) — The family of a 6-year-old boy who shot and wounded his teacher in Virginia said Thursday that the gun he used had been “secured" and that one of his parents usually accompanied him in class but did not the week the shooting occurred.
Also on Thursday, the hospital that had been treating the teacher said that she was released earlier in the week and is continuing outpatient care.
The statement from the boy's family was released by an attorney and did not elaborate further on where the 9mm handgun was kept. The family also was not identified.
“Our family has always been committed to responsible gun ownership and keeping firearms out of the reach of children,” the statement said. “The firearm our son accessed was secured.”
The family also said that the boy “suffers from an acute disability and was under a care plan at the school that included his mother or father attending school with him and accompanying him to class every day.”
The family said the week of the shooting “was the first week when we were not in class with him. We will regret our absence on this day for the rest of our lives.”
The statement was released through the office of Newport News-based attorney James S. Ellenson. It is the first public communication from the child's family and comes nearly two weeks after the shooting occurred Jan. 6 at Richneck Elementary.
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The teacher who was shot, Abby Zwerner, “continues her recovery as an outpatient with the support of family, friends, and health professionals,” Riverside Regional Medical Center spokesman Paul Constantine said in an email Thursday. Authorities had initially described her wounds as life-threatening.
Police said earlier that the 6-year-old’s mother legally purchased the gun but that it was unclear how her son gained access to it. A Virginia law prohibits leaving a loaded gun where it is accessible to a child under 14, a misdemeanor crime punishable with a maximum one-year prison sentence and $2,500 fine.
No charges have been brought against the mother, but the investigation continues, Newport News Police Chief Steve Drew said during one of two Facebook live chats he held with the community Wednesday.
During the first chat, the chief was asked at least twice about whether the boy's parents would be held accountable or the mother charged. Drew responded by saying he wanted to ensure detectives were able to conduct a thorough investigation.
“I am not going to rush them,” Drew said. His department has a great relationship with local prosecutors, he said, and he has “tremendous faith” that “they will make the right decision based on the evidence that they have in front of them.”
Investigators have nearly finished interviewing the children who were in the classroom, Drew said, and police are working with a psychologist to talk to them about what they saw.
“This is a unprecedented incident that we have had in our city, where a 6-year-old child obtained a firearm, brought it to school, pointed it, fired and shot his teacher in front of other students,” the chief said. “I have a young teacher who suffered a gunshot wound while teaching her classroom. By the grace of God, she’s still with us today.”
The shooting has drawn international attention to the shipbuilding city, which sits along the James River near the Chesapeake Bay. It has many people across the nation struggling to comprehend how such a thing could happen, while fueling an ongoing debate about how schools discipline children.
The statement from the boy's family also elaborated on the child's relationship with Zwerner, who has been called a hero by police and educators alike.
“Our heart goes out to our son’s teacher and we pray for her healing in the aftermath of such an unimaginable tragedy as she selflessly served our son and the children in the school,” the family said.
“She has worked diligently and compassionately to support our family as we sought the best education and learning environment for our son,” the statement continued. “We thank her for her courage, grace and sacrifice. We grieve alongside all of the other teachers, families and administrators for how this horrific incident has impacted them, our community, and the nation.”
The family said the child has been under hospital care since the shooting and is receiving “the treatment he needs.”
“We continue to pray for his teacher’s full recovery, and for her loved ones who are undoubtedly upset and concerned,” the family said. “At the same time, we love our son and are asking that you please include him and our family in your prayers.”
The shooting occurred as Zwerner was teaching her first grade class at Richneck. Authorities said there was no warning and no struggle before the boy pointed the gun at Zwerner. The bullet pierced her hand and struck her chest, police said. The 25-year-old teacher hustled her students out of the classroom before being rushed to the hospital.
Drew, the police chief, described the shooting as “intentional.” A judge will determine what’s next for the child.
The superintendent of Newport News schools revealed last week that Richneck administrators had learned the child may have had a weapon before the shooting. But a search did not find the handgun, despite staff looking through his bag.
The revelation fueled outrage among parents and particularly teachers. Many criticized school system administrators at a school board meeting Tuesday night for what they called a misguided emphasis on attendance and other education statistics over the safety of children and staff.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Libtardaplorable©. And proud of it.
Brilliantati©
"Well, you tell him that I don't talk to suckas."
Well then its time to get americanized, yall.
fat- check
drunk- check
overly opinionated- check
gun enthusiast- no check
damn
"Well, you tell him that I don't talk to suckas."
Better holster up pronto my man
“This is a unprecedented incident that we have had in our city, where a 6-year-old child obtained a firearm, brought it to school, pointed it, fired and shot his teacher in front of other students,” the chief said.
There are no kings inside the gates of eden