Explore The NRA Universe Of Websites

APPEARS IN News

Supreme Court Signals It May Rein In Federal Rulemakers

Monday, August 8, 2022

Supreme Court Signals It May Rein In Federal Rulemakers

While most of the attention from the end of the United States Supreme Court’s last term focused on several landmark cases, including a major win for gun owners in the NRA-supported case New York State Rifle and Pistol Assn., Inc. v. Bruen, SCOTUS also issued a decision that may substantially limit federal authority to regulate firearms.

In West Virginia v. Environmental Protection Agency, the Court evaluated whether the EPA had sufficient authority to issue an Obama-era regulation known as the Clean Power Plan (“CPP”). While that rule dealt with a regulation aimed at curbing emissions from power plants, when the Court opines on federal regulatory authority, the decision can often have far reaching consequences.

Most notably, the Court’s highest-profile modern decision on administrative law, Chevron U.S.A., Inc., v. Natural Resources Defense Council, Inc., also arose from a challenge to an EPA regulation, but has completely reshaped administrative law with far-reaching consequences beyond environmental law.

Federal regulators, including the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), often cite so-called Chevron deference when defending new regulations. While the Court’s original decision required an evaluation of Congress’ intent in giving an agency regulatory authority, Chevron has evolved into a doctrine that is highly deferential to federal regulators.

NRA has recently filed amicus briefs in several cases challenging the federal ban on bump-fire stocks. Those briefs all argue for limiting the deference courts give to administrative agencies, at least for regulations that have potential criminal consequences.

Many had hoped that the Court would directly limit Chevron deference in the West Virginia case. While the Court did not directly limit Chevron, it did give weight to another statutory interpretation doctrine that may help rein in federal firearm regulations.

The Court resolved the case using the major question doctrine, holding that when a regulation involves a major question that “the agency must point to ‘clear congressional authorization’ for the authority it claims.” As to determining when a particular regulation may be a major question, the Court pointed to the exercise of previously “unheralded” authority and when the question involves one of vast political significance.

Under these factors, it is hard to see how ATF’s recent attempts to completely redefine what items constitute the “frame or receiver” of a “firearm” and effectively ban pistol stabilizing braces would not be major questions. They are both novel attempts at regulation and involve serious political significance (legislation has been introduced in Congress on both of these issues).

While it remains unclear how significant this new ruling will be, it certainly indicates that the Court is willing to conduct a thorough review of any new exercise of federal regulatory power.

TRENDING NOW
Connecticut’s “Convertible Pistol” Ban Picks up Where California’s Overreach Left Off

News  

Monday, February 23, 2026

Connecticut’s “Convertible Pistol” Ban Picks up Where California’s Overreach Left Off

What the Second Amendment community has long known has become increasingly difficult for gun grabbers to deny: no handgun is safe from the prohibitionist agenda.

Minnesota: Hearing on Semi-Auto and Magazine Bans Next Week

Friday, February 20, 2026

Minnesota: Hearing on Semi-Auto and Magazine Bans Next Week

On Tuesday, February 24th, the House Public Safety Finance and Policy committee will hold a hearing on two all-encompassing ban bills, House File 3433 and House File 3402

Firearms Industry “Responsible Controls” Legislation is an Existential Threat to Gun Owners

News  

Monday, February 23, 2026

Firearms Industry “Responsible Controls” Legislation is an Existential Threat to Gun Owners

Anti-gun activists think they have figured out a way around the Second Amendment, democratic accountability, and the federal Protection of Lawful Commerce in Arms Act (PLCAA) to impose a limitless raft of gun control on ...

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Tuesday, February 17, 2026

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Today, February 17th is the legislative crossover deadline in Virginia, and any bills that have not left their chamber of origin by the end of the day are considered dead for the session.

Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

Breach of Canadian Firearm Owners’ Data: The Latest in a String of Failures

News  

Monday, February 23, 2026

Breach of Canadian Firearm Owners’ Data: The Latest in a String of Failures

Canada’s gun owners have no reason to trust the federal government, and whatever misplaced faith remains took a huge hit when details of a cybersecurity breach at the Canadian Firearms Program became public.

Minnesota: Gun Control Bills Stall in Committee

Wednesday, February 25, 2026

Minnesota: Gun Control Bills Stall in Committee

Following committee votes on Tuesday, February 24th, and Wednesday, February 25th, many of the most egregious gun controls bills in the legislature have stalled and may not receive further action this session.

Oregon: Floor Vote TODAY on Ballot Measure 114 Override Bill - LAST CHANCE TO TAKE ACTION!

Monday, February 23, 2026

Oregon: Floor Vote TODAY on Ballot Measure 114 Override Bill - LAST CHANCE TO TAKE ACTION!

Today, HB 4154 is scheduled for third reading and a vote on House Bill 4145, the Ballot Measure 114 override bill. This is the last opportunity for Second Amendment advocates to oppose this bill in the ...

NRA Files Amicus Brief to Protect Gun Owners’ Private Information

Wednesday, February 18, 2026

NRA Files Amicus Brief to Protect Gun Owners’ Private Information

Today, the National Rifle Association and Second Amendment Foundation filed an amicus brief in Hall v. Sig Sauer, urging a Pennsylvania federal court to reconsider an order requiring Sig Sauer to disclose its customers’ names and ...

Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

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.