Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

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.

TRENDING NOW
President Trump Signs Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights into Law

News  

Wednesday, November 12, 2025

President Trump Signs Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights into Law

Today, President Donald Trump signed into law a legislative proposal to reopen the federal government. Included in the legislation is a provision that prohibits the Department of Veterans Affairs (VA) from stripping the constitutional right ...

North Carolina: Update on Permitless Carry

Friday, October 24, 2025

North Carolina: Update on Permitless Carry

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

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

Tuesday, November 11, 2025

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

In a tacit acknowledgement of just how unworkable its gun ban and confiscation program is, Canada’s Liberal government quietly extended the gun amnesty for an additional year, just before it was due to expire on October 30 ...

Firearm Access During Shutdown Act introduced in Congress

Monday, November 10, 2025

Firearm Access During Shutdown Act introduced in Congress

On October 30th, 2025, Senator Jim Risch [R-ID] introduced the Firearm Access During Shutdown Act (S.3085), with Congressman Ben Cline [R-VA-6] introducing the companion legislation in the U.S. House (H.R. 5874).

Veteran’s Sad Lament Shows Why Surrender is Not an Option

Tuesday, November 11, 2025

Veteran’s Sad Lament Shows Why Surrender is Not an Option

Gun owners in Virgina, home of NRA’s Headquarters, are still absorbing the results of last Tuesday’s elections. In addition to the election of Democrat Abigail Spanberger, a former Mom’s Demand Action volunteer, as governor, we now ...

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

Thursday, November 13, 2025

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

On Wednesday, November 12th, the House Judiciary Committee passed HB 1891 on a 14 to 12 party-line vote. The bill now advances to the House floor where it will soon be eligible for a vote. ...

Pennsylvania: Firearm Registration Bill Scheduled for Committee This Week!

Monday, November 10, 2025

Pennsylvania: Firearm Registration Bill Scheduled for Committee This Week!

On Wednesday, November 12, the House Judiciary Committee will take action on HB 1891, a gun registration bill that the NRA opposed last year and continues to fight this session. While supporters claim the bill is ...

NRA Files Legal Challenge to New Jersey’s “One-Gun-A-Month” Law

Friday, November 14, 2025

NRA Files Legal Challenge to New Jersey’s “One-Gun-A-Month” Law

Yesterday, the National Rifle Association joined the Firearms Policy Coalition and two NRA members in filing a legal challenge to New Jersey’s “one-gun-a-month” law.

Congress Passes Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights

News  

Wednesday, November 12, 2025

Congress Passes Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights

On November 10th, 2025, the U.S. Senate passed on a legislative proposal to reopen the federal government. Included in this package was the Military Construction, Veterans Affairs, and Related Agencies bill. This legislation maintained a provision that ...

Gun owners should approach firearm product liability suits with discernment

Tuesday, November 11, 2025

Gun owners should approach firearm product liability suits with discernment

Few communities take the products they use as seriously as gun owners. A firearm is often a tool that a person needs to be able to trust their life with. Add brand loyalty and differences ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.