JUDGE rules Federal Gov’t. does not have the POWER to BAN BUMP STOCKS…..

Trump appointed judge in Texas. Ruled that such a ban constitutes police powers and that the federal government does not have police powers as part of the Enumerated Powers given to it in the Constitution.

From the judge:

“Brian Lane lawfully purchased three bump stocks before the rule took effect and raises a Fifth Amendment challenge that the federal government must compensate him for taking his property. The federal government responds that the rule falls under a valid use of the police power, which requires no compensation. But as explained below, the federal government forgot the Tenth Amendment and the structure of the Constitution itself.

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The federal government here raised the talisman of police power 31 times in its motion to dismiss and an additional 19 times in its reply. This seemed unusual to the Court because the Court had thought the police power is a power reserved for the states, not for the federal government. Fearful the Court was wrong, it turned to the first place one should always turn to with such questions: the Constitution. Article I, section 8 enumerates the powers the People gave to the federal government at our Nation’s founding: the tax power, the borrowing power, the commerce power, the naturalization power, the bankruptcy power, the power to coin money, the postal power, the maritime power, and the war power.39 None of these powers is the police power.”
reason.com/2020/03/31/district-court-finds-bump-stock-ban-may-constitute-a-taking-because-the-federal-government-lacks-a-police-power/

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This guy actually interprets the Constitution as written.

 

AC

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