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fully explore all aspects of the issue in nearly 350 pages of text," Gilman said. Circuit Judge Ronald Gilman, an appointee of Bill Clinton, wrote Tuesday's opinion and made it clear from the outset he and the other judges on the panel considered rulings from the Sixth Circuit and many other courts before they made their decision. Hardin argued before a Sixth Circuit panel in January that his case presented a live controversy despite the ruling in the Gun Owners of America case because his judge had adjudicated his claims on the merits.
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The Gun Control Act, originally passed in 1968, bans possession of a "machine gun," but until 2018 it did not outlaw bump stocks, which are attachments used to dramatically increase the rate of fire on semiautomatic rifles.įollowing a 2017 mass shooting in Las Vegas during which a gunman used the device to kill 58 people and injure nearly 500 more, however, the Bureau of Alcohol, Tobacco, Firearms, and Explosives published a final rule that updated the definition of the term "machine gun" to include bump stocks.Ī wave of litigation against the ATF ensued, including a federal lawsuit filed by Scott Hardin, a Kentucky anesthesiologist and competitive shooter who destroyed several bump stocks after the rule was put into place.Ī federal judge dismissed Hardin's complaint and determined the ATF was entitled to Chevron deference, a doctrine that prevents a judge from substituting his or her own opinion in place of an agency's "reasonable interpretation" of federal law.Īround the same time, the full Sixth Circuit heard arguments from Gun Owners of America in a related case and, following a rare split decision, the ruling of a federal judge to allow the ban to take effect was reinstated. It is unknown if there will be any charges filed.CINCINNATI (CN) - The latest twist in the ongoing legal saga regarding the legality of bump stocks – used to increase the rate of fire on semiautomatic weapons – is a win for gun owners, after a Sixth Circuit panel unanimously found Tuesday the government cannot enforce a rule that bans the devices. Police have taken the shooter into custody for questioning and recovered his weapon. Investigators are still looking for the female. That's where we found it, parked unattended and riddled with multiple bullet holes," said Philadelphia Police Chief Inspector Scott Small.
We believe the female that was with the male who was shot, after the shooting drove the vehicle to 6700 block of North 17th Street. "We were also told by the shooter, the perpetrator of the robbery was parked inside a vehicle. The suspect was taken to Einstein Medical Center where he was pronounced dead a short time later. Police say a man in his 30s was shot three times in the back by the man he was allegedly trying to rob. on the 7000 block of North 15th Street in the city's West Oak Lane neighborhood. PHILADELPHIA (WPVI) - Philadelphia police are investigating after a man shot and killed an alleged would-be robber on Tuesday night. Philadelphia police are investigating after a man shot and killed an alleged would-be robber on Tuesday night.
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