Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

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

Monday, February 7, 2022

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

Last Friday, NRA-ILA filed an amicus curiae (or friend of the court) brief in support of a petition to have the Fifth Circuit Court of Appeals rehear a challenge to ATF’s 2018 rule that classified bump stocks as machineguns. A three judge panel of the Fifth Circuit upheld ATF’s rule in December, and this brief urges the Fifth Circuit to hear this challenge en banc, meaning before all of the judges of the circuit. This is the third time that NRA-ILA has filed an amicus curiae brief challenging this rule in recent months. NRA-ILA remains dedicated to ensuring that law-abiding Americans will not be made criminals overnight for possessing a previously legal firearm or accessory based upon the whims of a nameless, faceless bureaucracy.

ATF had previously determined that bump stocks were not machine guns on ten separate occasions from 2008 to 2017. But the ATF abruptly changed course in 2018 when it announced that it would review its regulatory definition of machinegun. NRA-ILA filed comments opposing ATF’s reinterpretation at that time. In spite of all of their previous determinations, ATF reversed its position and classified bump stocks as machine guns. That change spawned lawsuits across the country.

When Congress defined “machinegun” it “focused solely on the trigger’s mechanics, not the process by which the trigger is pulled,” the brief argues. But in reinterpreting “machinegun,” ATF “went off target” and examined factors that were not found in the statute. 

But this case, along with the other two cases where NRA-ILA has filed amicus briefs, is about much more than bump stocks. It’s about how much leeway ATF has to interpret provisions of the Gun Control Act that impose criminal liabilities. For 200 years, the Supreme Court has consistently held that “the power to create crimes lies exclusively with Congress,” the brief argues. Thus, when criminal liability is on the line, “ATF’s position is ‘not relevant at all.’” Multiple appellate courts have now heard cases on this rule, and one case is currently pending before the Supreme Court.

The case is captioned as Cargill v. Garland.

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

IN THIS ARTICLE
Bump Stock
TRENDING NOW
ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

Nevada Supreme Court Upholds “Ghost Gun” Regulations

Monday, April 22, 2024

Nevada Supreme Court Upholds “Ghost Gun” Regulations

The Supreme Court of Nevada upheld Nevada’s regulations on so-called “ghost guns” in Sisolak v. Polymer80, holding that the statutes are not unconstitutionally vague.

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

Monday, April 22, 2024

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

On Friday April 19th, Governor Kim Reynolds signed House File 2586 and House File 2464 into law. The NRA would like to thank Governor Reynolds and the supporters in the Iowa legislature for their continued commitment to ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

Thursday, April 18, 2024

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

After a nearly 24-hour marathon legislative session, the Maine House and Senate finally adjourned until "Veto Day" in the coming weeks. 

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.