Texas court finds Trumps bump stock ban may be unconstitutional?

miketx

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May be? lol


District Court Finds Bump Stock Ban May Constitute a Taking, Because the Federal Government Lacks a Police Power
"The Court will allow the federal government to try again and explain which enumerated power justifies the federal regulation and whether it allows a taking without compensation."
JOSH BLACKMAN |THE VOLOKH CONSPIRACY | 3.31.2020 6:22 PM
In 2018, the Trump Administration announced that federal gun control laws would now be read to prohibit bump stocks. Previously, the Obama Administration determined that the National Firearms Act and the Gun Control Act did not prohibit bump stocks. The Trump Administration's policy was challenged in several courts.
I filed an amicus brief on behalf of the Cato Institute in Guedes v. Bureau of Alcohol, Tobacco, (D.C. Circ.). We contended that this reversal of positions from the prior administration was not entitled to deference. The Supreme Court ultimately denied cert in Guedes, over Justice Gorsuch's dissent. (Kristin Hickman and Jonathan Adler commented on the denial.)
As far as I am aware, all other courts have likewise turned away challenges to the bump stock ban. Until today at least.
Judge Starr of the Northern District of Texas found that the Trump Administration's policy may be unconstitutional.

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Mr Clean

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I think we have better things to worry about
 

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