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Posted: 10/5/2014 5:22:22 PM EST
A while back, a approved form 1 under trust, was approved for MG. They retracted it. What happened since? Is there a thread that updates the situation?
Link Posted: 10/5/2014 5:24:00 PM EST
Link Posted: 10/5/2014 5:54:05 PM EST
Link Posted: 10/5/2014 5:56:53 PM EST
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Originally Posted By osprey21:
Those who think this will result in any 'new' Form 1 machine guns are wildly delusional.
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There was a case in 1991 that someone sued, won, but then went to the appeals court, where the justices ruled in favor of the government. The man appealed to the US Supreme Court, and the court refused to hear it. Turned the Appeals Court ruling into Case Law.

I bet they use the "Case Law" against any suit and dismiss the case.
Link Posted: 10/6/2014 6:35:41 AM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Gemlin:
There was a case in 1991 that someone sued, won, but then went to the appeals court, where the justices ruled in favor of the government. The man appealed to the US Supreme Court, and the court refused to hear it. Turned the Appeals Court ruling into Case Law.
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A ruling from a District Court (federal trial-level court) is case law. So is a ruling from a Court of Appeals--it's binding in a broader area, thoughout the circuit covered by that court. So is a ruling by the Supreme Court; it's binding nationwide. The Supreme Court's refusal to hear a case does not give it any more weight or validity than if they'd never been asked to hear it in the first place.

The appeals court's ruling was case law when they made it, and it remained case law after the Supreme Court declined to hear it. It was binding only within that court's circuit when it was made, and it remains such after the Supreme Court denied cert. It is not binding authority in any other part of the country.
Link Posted: 10/6/2014 3:14:52 PM EST
[Last Edit: 10/6/2014 3:14:52 PM EST by tony_k]
This is a technical forum. Please post any comments in the linked thread above.
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