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NRA-ILA Files Friend of the Court Brief Urging the Supreme Court to Hear a Challenge to ATF’s Bump Stock Rule

Friday, September 3, 2021

NRA-ILA Files Friend of the Court Brief Urging the Supreme Court to Hear a Challenge to ATF’s Bump Stock Rule

Today, NRA-ILA filed an amicus curiae (or friend of the court) brief in support of a petition to the United States Supreme Court challenging ATF’s 2018 rule that classified bump stocks as machine guns. This is the second time NRA-ILA has filed an amicus curiae brief in a case challenging this rule in as many months.

ATF had determined that bump stocks were not machine guns 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 machine gun “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 bottom, it’s about how much discretion or leeway ATF has to interpret provisions of the Gun Control Act that impose criminal liabilities. Two federal appellate courts have ruled that they must defer to ATF’s interpretation of what a “machinegun” is, while one has held ATF gets no deference. The brief argues for the latter position: 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 Aposhian v. Garland.

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

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Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

New Jersey: Senate Adds Pair of Gun Bills To Monday’s Agenda

Saturday, January 10, 2026

New Jersey: Senate Adds Pair of Gun Bills To Monday’s Agenda

The year may have changed, but the mission of anti-gun lawmakers in Trenton has not.   Late Friday, the legislature posted two anti-Second Amendment bills for floor action Monday, January 12 in the Senate.

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

News  

Tuesday, January 6, 2026

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

In 1999, when the rest of the country was fretting over the potential Y2K disruption of worldwide computer systems, the City of Gary, Indiana launched its lawsuit against handgun manufacturers, retailers and a wholesaler, raising ...

Bans for 3D Blueprints: New York Governor Pushes Anti-Gun, Anti-Speech Proposals

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Monday, January 12, 2026

Bans for 3D Blueprints: New York Governor Pushes Anti-Gun, Anti-Speech Proposals

Manufactured panic has frequently been used to lay the policy foundation for legislative and legal efforts meant to ban legally manufactured and lawfully owned firearms.

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

Monday, January 5, 2026

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

On Friday, Jan. 3, a divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that California’s ban on open carry in counties with a population of greater than 200,000 ...

Gun Control Honcho “Certain” that Federal Agents with Guns “Do Not Make Us Safer”

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Monday, January 12, 2026

Gun Control Honcho “Certain” that Federal Agents with Guns “Do Not Make Us Safer”

Gun control advocates have gone to great lengths to rebrand themselves as mere proponents of “commonsense gun safety measures.” 

California: Committee to Reconsider Concealed Carry License Extension Bill

Friday, January 9, 2026

California: Committee to Reconsider Concealed Carry License Extension Bill

On Tuesday, January 13th, the Assembly Committee on Public Safety will reconsider Assembly Bill 1092, legislation that extends the validity period of Carry Concealed Weapons (CCW) licenses, for a vote only; no public testimony will ...

Crisis Management in the Land Down Under: All Roads Lead to Gun Control, Buybacks

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Monday, January 12, 2026

Crisis Management in the Land Down Under: All Roads Lead to Gun Control, Buybacks

After the terrorist attack on December 14th at Australia’s Bondi Beach, it was revealed that one of the two alleged perpetrators, Naveed Akram, had come to the attention of the Australian Security Intelligence Organisation (ASIO) in October ...

2025 Litigation Update

Wednesday, December 31, 2025

2025 Litigation Update

In 2025, the National Rifle Association defeated New Mexico’s 7-day waiting period for firearm purchases, the ATF’s “engaged in the business” rule, the ATF’s “pistol brace” rule, a lawsuit seeking to ban lead ammunition in ...

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.