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
Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

News  

Monday, March 16, 2026

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

This month, Michigan’s judicial branch published the 2025 edition of its annual report on the state’s Extreme Risk Protection Order Act (red flag gun confiscation order statute). 

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

Friday, March 20, 2026

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

The saga of ATF’s enforcement of the National Firearm Act’s “short barreled rifle” provisions against braced pistols has been a roller coaster ride of shifting interpretations. NRA-ILA has been keeping up with, reporting on, and ...

Canada Spending $25K+ per Gun Confiscated from Non-Criminals; 0 Lives Saved

News  

Monday, March 16, 2026

Canada Spending $25K+ per Gun Confiscated from Non-Criminals; 0 Lives Saved

More proof (as if any was needed) has emerged that the Canadian gun ban and confiscation is a massive administrative, practical and economic debacle.

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Monday, March 9, 2026

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Yet another piece of anti-gun legislation has made it out of the General Assembly and is on its way to Governor Spanberger.

Colorado: "FFL-Killer" Bill in House Committee on Monday

Friday, March 13, 2026

Colorado: "FFL-Killer" Bill in House Committee on Monday

On Monday, March 16th, the House State, Civic, Military, & Veterans Affairs Committee will hold a hearing on Senate Bill 26-043, the FFL-Killer bill.

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

News  

Monday, March 9, 2026

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

Even as its formerly more liberty-loving neighbor, Virginia, goes down the tyrannical path of unconstitutional bans on firearms and magazines, residents of the nation’s capital last week gained a measure of relief from the District’s ...

New Jersey: Sherrill Administration Has Yet to Update Permit to Carry Dashboard

Thursday, March 19, 2026

New Jersey: Sherrill Administration Has Yet to Update Permit to Carry Dashboard

After Phil Murphy signed NJ’s Carry Killer bill (A.4769), in a complete rejection of the Supreme Court’s holding in Bruen, the Attorney General’s Office elected to voluntarily release data relating to the number of carry permit applications, including ...

Michigan: Constitutional Carry Legislation Introduced

Thursday, March 5, 2026

Michigan: Constitutional Carry Legislation Introduced

A package of pro-Second Amendment legislation has been introduced in the Michigan House. House Bills 5653–5657 would make Michigan the 30th state in the nation to recognize Constitutional Carry, allowing individuals who are legally permitted ...

Kansas: Senate Vote on State-Level Suppressor Bill TODAY

Wednesday, March 18, 2026

Kansas: Senate Vote on State-Level Suppressor Bill TODAY

Today, March 18th, the Senate will hold a floor vote on the Senate substitute for House Bill 2501, removing suppressors and short barreled rifles from the controlled weapons list at the state level.

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.