New 5th Circuit Ruling

[wvfarrier]

Here is an excerpt from the 5th Circuit in WV vs Dept of Treasury. They ruled that Non-Legislative Agencies cannot make law.

NCLA’s brief further argued that Treasury lacked the power to “rule by regulation” when it later promulgated a rule seeking to clarify and thereby save the scheme.

"An agency cannot exercise legislative power independently of Congress, which alone has the power to tax and spend—not the Executive Branch."

So, the court agreed with NCLA that Treasury is not permitted to clarify the Tax Cut Ban’s ambiguous text through regulation. Finally, the panel highlighted that the novelty and grand scope of the Tax Cut Ban “make it even more important that Congress speak with a clear voice,” and said that Congress cannot craft a deal with only *some* of the strings attached. NCLA commends the U.S. Court of Appeals for the Eleventh Circuit for safeguarding states’ sovereign taxing authority.

 

[7.62willdo]

ASGH

 

[Cowpokey]

They ruled that Non-Legislative Agencies cannot make law.

Now apply that to gun control "regulations".

 

[Short-bus]

Now apply that to gun control "regulations".

I would assume (although i'm no attorney) that a case like this would set precedence that would allow an injunction to be granted without need for a hearing. WV vs. EPA, and the recent bump stock ruling can also be cited I believe, in order to get injunctive relief without having to have a long lengthy argument process.

Branden

 

[acudaowner]

shame you can't get a blown up copy of this signed by everyone that has or makes guns and a laughing something sent to the atf with a big f u for good measure . but I am positive even this will do little to stop there attempt to take away citizens rights as they see fit and as the want to in the future .

 

[1911hombre]

ASGH

WTF does that mean?

 

[Short-bus]

WTF does that mean?

"Ain't Shit Gonna Happen"

Branden

 

[1911hombre]

"Ain't Shit Gonna Happen"

Branden

Ah...So. and just like that I'm smarter.

 

[Short-bus]

Ah...So. and just like that I'm smarter.

I was in the same place you were not long ago, I had to ask as well. I'm just paying it forward at this point, lol.

Branden

 

[Thumper580]

This same decision will hammer ATF on several items. They are going to get smashed on "Administrative Law". They enforce laws created in the Administrative Branch. They cannot make laws...as they have been and cannot change definitions in laws without going back through the Administrative process. The time is now for a " correction" to their crap behavior...

 

[schmi015]

"Ain't Shit Gonna Happen"

Branden

I thought it was Assume She Gives Head, I mean that's how the VP got to where she is...

 

[myronman3]

it is illegal anyway. i don't give a fuck who says what. the shit should have been quashed immediately when they first tried to roll out the "handling off law making regulations to an agency".

people talk about "the greatest generation". some of them were. but a whole lot of them, allowed this fucking shit to be put into place and they need to own that shit. it is slow, but i've watched people taking back their rights over the course of my life. i remember a time where there was NO state that had concealed carry. now, that is pretty widespread. mind you, there should be NO regulation on that. that generation allowed this shit to creep into place and grow into the monster that it is.

the upside is, i am seeing people start to wake up. that is good. but the bad? a WHOLE lot of people are sheep and content in being one. i think our society is still fucked, but maybe i am wrong. this goatfuck that is might turn off enough young people that the masses turn conservative. i do see evidence of that in younger people.

 

[Docsherm]

I am wondering if this will have any bearing on the ATF trying to "wave" the tax stamp for pistol brace conversion to SBR. Based on this they do not have the authority to make decisions on any tax. That would have to be congress.

 

[redneckbmxer24]

I am wondering if this will have any bearing on the ATF trying to "wave" the tax stamp for pistol brace conversion to SBR. Based on this they do not have the authority to make decisions on any tax. That would have to be congress.

Exactly, so how will this proceed:

1. Now you have to pay the tax owed after the fact.
2. Guilty of tax evasion at the orders of ATF.
3. Didn’t pay the tax and now must forfeit the weapon anyway.

 

[Docsherm]

Exactly, so how will this proceed:

1. Now you have to pay the tax owed after the fact.
2. Guilty of tax evasion at the orders of ATF.
3. Didn’t pay the tax and now must forfeit the weapon anyway.

Again......

 

[W54/XM-388]

I am wondering if this will have any bearing on the ATF trying to "wave" the tax stamp for pistol brace conversion to SBR. Based on this they do not have the authority to make decisions on any tax. That would have to be congress.

So that shoe doesn't drop until after everyone did the registration and thought they were safe and then....
Oh well guess what....
You saw what we did to the F1 suppressor guys right...

 

[Malum Prohibitum]

WV is in the Fourth Circuit