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James Uthmeier's Nov. 13 opinion finds no historical tradition for section 790.222's third-degree felony, cites Cargill and an ATF estimate of more than 500,000 bump stocks in circulation, and says executive branch officials cannot lawfully enforce it, though only the Legislature or a court can repeal it.
The Nov. 13 opinion in Marshall v. Blanche says the court's 2011 Torres-Rosario precedent no longer controls after Levasseur, vacates the dismissal and sends the case back for a Bruen analysis of the background check denial, while holding Marshall lacks standing to attack the possession ban itself.
The Nov. 12 opposition says Delaware's Oct. 8 motion to dissolve Judge Maryellen Noreika's permanent injunction defends a statute that does not exist, since the laws still bar making, assembling or 3-D printing a firearm and House Bill 418's six-month safe harbor covers only guns owned before Sept. 3.
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