ILA | NRA-ILA Files Friend of the Court Brief Urging the Sixth Circuit to Vacate ATF’s Bump Stock Rule

Gun News

[ad_1]

Last week, NRA-ILA filed an amicus curiae (or friend of the court) brief in support of a challenge to ATF’s 2018 rule that classified bump stocks as machineguns. The case is before an en banc panel of the Sixth Circuit Court of Appeals.

ATF had determined that bump stocks were not machineguns on ten separate occasions from 2008 to 2017. But that changed in 2018, when ATF announced that it would review its regulatory definition of machinegun. NRA-ILA filed comments opposing ATF’s reinterpretation at that time. Nevertheless, ATF reversed course and classified bump stocks as machineguns. That change prompted several lawsuits.

Congress defined machinegun “objectively based on the trigger’s mechanics, nothing else,” the brief argues. But in reinterpreting “machinegun,” ATF “moved the goalposts” and looked to factors beyond the function of the trigger. “ATF went off target.” 

But this case is about much more than bump stocks. At its core, it’s about how much discretion ATF has to interpret provisions of the Gun Control Act that impose criminal liabilities. The brief argues that for 200 years, the Supreme Court has consistently held that “the power to create crimes lies exclusively with Congress.” Thus, when criminal liability is on the line, “ATF’s position is ‘not relevant at all.”’

The case is captioned as Gun Owners of America v. Garland.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights.

[ad_2]

Source link

Articles You May Like

Watch vs. Warning: Turn a Weather Alert Into a Household Action

19 Comments

  1. 944746 22598Howdy just wanted to give you a brief heads up and let you know some of the pictures arent loading properly. Im not positive why but I believe its a linking issue. Ive tried it in two different internet browsers and both show the same outcome. 711199

  2. 3892 450267Right after I initially commented I clicked the -Notify me when new feedback are added- checkbox and now each time a remark is added I get four emails with the same comment. Is there any method you will be able to take away me from that service? Thanks! 749180

  3. 555884 388857This is a proper blog for would like to find out about this subject. You realize a whole lot its almost challenging to argue along (not that I personally would wantHaHa). You actually put the latest spin with a topic thats been discussed for a long time. Wonderful stuff, just amazing! 99678

  4. 938601 594644I was reading through some of your content material on this internet internet site and I believe this internet site is actually instructive! Keep putting up. 325367

  5. 481390 327390The the next occasion Someone said a weblog, Hopefully so it doesnt disappoint me approximately this. What im saying is, I know it was my choice to read, but I in fact thought youd have something interesting to express. All I hear is often a number of whining about something that you could fix in case you werent too busy looking for attention. 186655

Leave a Reply

Your email address will not be published. Required fields are marked *