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Federal Judge Schools BATF On Logic

by Robert W. Hunnicutt   |  March 25th, 2014 17

It used to be that a lot of us weren’t too happy with the federal judiciary, but federal judges have come in real handy lately with a series of decisions that have confirmed and restored firearms rights. Occasionally, these have come with the added bonus of humor.

Innovator Enterprises had sued the Bureau of Alcohol, Tobacco, Firearms and Explosives, which had ruled a compensator of its design was a silencer. BATFE based that ruling not on measurements of the device’s sound output, but because of characteristics the agency said it shared with silencers in general. Judge John D. Bates for the District of Columbia wasn’t buying that for a minute, and after minutely dissecting the ATF position, chose to deliver the news in a form even the most obtuse bureaucrat should understand:

“A mouse is not an “elephant” solely because it has three characteristics that are common to known elephants: a tail, gray skin, and four legs.

A child’s bike is not a “motorcycle” solely because it has three characteristics common to known motorcycles: two rubber tires, handlebars, and a leather seat.

And a Bud Light is not “Single-Malt Scotch,” just because it is frequently served in a glass container, contains alcohol, and is available for purchase at a tavern.

To close with a firearm-related example: a hockey puck is not a “rubber bullet,” just because it has rounded sides, is made of vulcanized rubber, and is capable of causing injury when launched at high speeds. Learning that one object has three characteristics in common with some category may not be very helpful in determining whether the object in question belongs in that category.”

That should be intelligible to anyone with a pulse. If only we could get the Dianne Feinsteins of the world to grasp the parallel insight that a pistol grip, a flash hider and a detachable magazine don’t turn any collection of parts into an “assault rifle.” Nah. Not going to happen, but a hat tip to Judge Bates, anyway.

  • SLF F

    I’m so sick of the BATFE. It’s high time that alphabet agency has it’s law enforcement powers taken away.

  • talon55101

    Hats off to Judge Bates. They should use the same standards for all politicians.

  • Benjamin Michel


  • carl

    god bless judge bates good man .

  • Tumbleweed

    Looks like the ATF and most Democrats have no common sense, beware their lies!

    • Freakonomics101

      They are Rebublicrates! Unfortunately we live in a party dictatorship ran by dual agent zionist overlords that have hijacked our government! This is what our forfathers warned us about and this is why the second amendment is not the 8th or 9th, IT’S THE SECOND! Right behind the 1st that I am exercising now. Our government has been occupied by dual agent Israeli/US citizens with over 85% holding DUAL CITIZENSHIP! Foreign nationals from an illegal, genocidal, terroristic nation such as Israel have no business holding US offices! No other nation on the planet allows foreign nationals to hold office, not even ISRAEL! They control the lying global media network/propaganda machine and they have done nothing but tell us 1 lie after another to lure us into fighting their battles and dump 9000+ tons of depleted uranium on innocent men woman and children. They are behind 9/11 100%! We should be carpet bombing Israel with depleted uranium not every other innocent nation on the planet! They claimed 19 Saudis hijacked the supposed “planes” yet we invaded Iraq and Afghanistan! That is like getting attacked by China and invading Korea because they are Asians! Now that everyone with more then 5 active brains cells know the Zionist Cabal is responsible for the horror of 9/11 and every other false flag they are attempting to disarm the US citizens! If they come for your guns make sure you give them all the ammunition first at 2700 feet per second and aim for the face! lol It’s time the citizens of the United States stand up and tell these evil serpents their game is over before they flip the chess board. They have already done enough damage to our constitution and country! The US government has the authority to print its own actual currency, not debt notes borrowed at interest from a private bank owned by the Rothschilds and Rockerfellers! The Federal Reserve is listed in the phone book right under Federal Express! That Jekyl Island Scam back in the 1930’s time is over! It’s is a tapeworm feeding off every man woman and child in the United States and the proceeds are being spent to turn the children of Israels neighbors into depleted uranium mutants! Do a google search for depleted uranium babies and look at the millions of results returned with their giant extra heads complete with multiple facial genitals and a shimmering glow and peircing screams from the pain caused by their external spinal columns! That horror will continue for the next 4.5 BILLION years in those regions the peppered with their 9000+ metric tons of depleted uranium! Israel is the only nuclear terrorist state in the middle east! They have been screaming Iran is months away from a nuclear bomb since 1990 yet Israels Dimona nuclear bomb factory has been pumping them out in the hundreds since the early 1960’s! That is why they killed JFK because he kept insisting on inspecting their Dimona Bomb plant and trying to expose the Zionist serpents for what they are! How many more false flag attacks are the US citizens supposed to endure before they say enough is enough and wipe that illegal terrorist state responsible for a 50 year genocide against the Palestinian people they have been murdering and stealing their land by way of a deed from God in a fictional book? Imagine if the native American Indians tried to pull that and they actually did own all the land in the United States and that was only a couple hundred years ago!
      It is time to stop their madness! Of course they will scream antisemite like they do every time someone speaks the truth about the most evil people to ever have walked the earth! Even the true Jewish people despise them for hiding behind the skirt of Judaism just so they can scream antisemitism! The true Jewish people protest outside the Israeli Embassys in the 1000’s demanding an end to the Zionist Holocaust and land thievery carried out by the demonic Zionist Cabal in the name of Judaism though you will never see that on the Zionist monopolized global media network/propaganda machine! Thank God nobody watches their lying news anymore unless just for entertainment to see what lies and scams they cast or get caught up in. Like their Sandy Hoax in an attempt to disarm the US citizens! That school was closed 5 years ago! Watch all the Sandy Hoax videos on Youtube and see the 1000’s of mistakes they made! At least no children actually died that day. They even sang at the Super Bowl! The Boston drill is another example. The video of the fake prostetic bomb damaged leg falling off while they wheeled the tragedy actor up the street then having to pick it up and hold it on for the rest of the 150 yards to the waiting ambulance so everyone could get pictures of the fake gore was almost as funny as the video of the stage hands dumping fake bomb dust over the fake victims! I wonder what their plans are now knowing the 99% are on to them 100% and laughing at them and their idiotic antics in the death throws of their reign? Their attempts to disarm the American citizens has backfired and gun sales have eclipsed the previous 5 years combined! I wonder what will become of the billions of rounds of ammunition they purchased now that their are no citizens willing to shoot them at their own families? Maybe we should use them to invade Israel the true perpetrators of 9/11? I would lose no sleep if Russia or China slipped their genocide victims a few nukes and wiped that cancer of the planet off the face of the earth with a serious dose of radiation therapy! Actually, I would dance on the rooftop knowing that the evil serpents responsible for killing 3000 US citizens have paid the ultimate price! It is time to clean house folks, write your representatives and demand they rid our government offices of dual agent foreign citizens and stop corporate donations all together! The mega corporations donate equally to both sides so no matter who wins they are bought and paid for! This insane fascist Cabal is not what our forefathers had in mind, in actuality it is exactly what they warned us against and wrote the second amendment to combat! The second amendment has nothing to do with deer hunting, it has to do with defending the US citizens from all enemies foreign and domestic! Our domestic Zionist enemies are far worse then any foe ever faced by the American citizens. They must be impeached from office and prosecuted to the fullest extent of the law and EVERY LAST ONE OF THE TRAITOROUS VIPERS EXECUTED FOR TREASON!

      • Mark Grenoble

        lmao you forgot to take your meds

  • xteeth

    The most likely thing to have happen in your home if you have a firearm there is the injury of you or one of your family members. The odds are really bad. Originally, 43 to 1 by Kellerman. So what if it is only 20 to 1. As fearful as you are, still the most likely event is you or yours getting injured. A really bad bet.

    • MrKat

      What are you talking about?

    • Animal

      Kellerman was a joke, a litany of crappy statistical analysis. Try again.

    • Deepsea1991

      Kellerman himself said those numbers are not valid.

    • Mark Grenoble

      Stupidest thing I have ever heard said honestly.

    • Jay Hanig

      Kellerman was discredited years ago. You hadnt heard?

    • jackalo626

      Your numbers are made up first of all. 1 in 43 people get injured in a house that contains guns…..hahahahha. Guess which people survive home invasions, armed or unarmed? You are probably the guy that thinks it can’t happen to his house because he is in a “safe area” lmao!

    • daryl

      Than why do I know 43 different people that own guns and they have never shot anyone accidentally or on purpose. BS stats, by the way I was a police officer for over 30 years and I never saw more than a few accidental discharges so they cannot be happening on a regular basis or police officers would know about it. Get your facts straight.

  • jackalo626

    A judge who gets it.

  • Robert Beezer

    Great verdict news today, thank you Judge for upholding and defending the constitution with logic. However, Let’s not draw our line in the sand with Feinstein at “assault rifles” vs. “assault rifles without the happy switch”. The NFA is Unconstitutional, always has been and even in the Heller decision, they left open room for that fight.

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