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
Rhode Island:  Gun Bans On Tap In Providence Next Week

Friday, April 3, 2026

Rhode Island: Gun Bans On Tap In Providence Next Week

On Wednesday April 8, the House Judiciary Committee will meet in the House Lounge at 4 p.m. to launch an historic attack on our Second Amendment rights. 

Trump Administration Continues to Deliver for Gun Owners with Recent Initiatives

News  

Monday, April 6, 2026

Trump Administration Continues to Deliver for Gun Owners with Recent Initiatives

Amid a steady stream of headlines highlighting anti-gun legislative proposals in the states, ongoing litigation battles, and regulatory uncertainty, there is also good news to report on the Second Amendment front, courtesy of the Trump ...

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. 

Anti-gun Chicago Mayor Spends Astronomical Amounts of Tax Dollars on Armed Security

News  

Monday, April 6, 2026

Anti-gun Chicago Mayor Spends Astronomical Amounts of Tax Dollars on Armed Security

Chicago Mayor Brandon Johnson, who was dragged for spending over $30,000 of his campaign funds on hair and makeup in a year, is now facing scrutiny over the optics and price tag of his personal security force.

Ammunition Serialization: The Five-Cent Fiasco in Illinois

News  

Monday, March 30, 2026

Ammunition Serialization: The Five-Cent Fiasco in Illinois

Democrat officials in Illinois have long taken unabashed pride in the abridgement of Second Amendment rights, and their latest attempt at “bullet control” is again making headlines.

Kentucky: Governor Beshear Vetoes Pro-Gun Bills - Urge Your Legislators to Override!

Friday, April 3, 2026

Kentucky: Governor Beshear Vetoes Pro-Gun Bills - Urge Your Legislators to Override!

On Thursday, April 2nd, Governor Andy Beshear vetoed two pro-gun bills, House Bill 78 and House Bill 312.

Trump Administration Addresses Defensive Carry for Active-Duty Military Members

News  

Monday, April 6, 2026

Trump Administration Addresses Defensive Carry for Active-Duty Military Members

Just as we were finalizing another article this week on pro-gun initiatives by the Trump Administration, yet another example was announced. 

West Virginia: Governor Morrisey Signs Constitutional Carry Expansion Bill

Thursday, April 2, 2026

West Virginia: Governor Morrisey Signs Constitutional Carry Expansion Bill

On Wednesday, April 1st, Governor Patrick Morrisey signed House Bill 4106, expanding constitutional carry provisions to 18-20 year olds.

California Court’s “Technical Issue” Nullifies Background Checks

News  

Monday, March 30, 2026

California Court’s “Technical Issue” Nullifies Background Checks

California, already well known for its de-policing, non-prosecution, and other soft-on-crime policies, has taken enabling criminals to a whole new level.

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to NFA Restrictions on Suppressors

Thursday, April 2, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to NFA Restrictions on Suppressors

The National Rifle Association joined the Second Amendment Foundation, American Suppressor Association, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and the Citizens Committee for the Right to Keep and ...

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.