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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.

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Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

Tuesday, January 13, 2026

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

On Wednesday, January 14th, the Virginia General Assembly begins the 2026 legislative session, and lawmakers are once again expected to pursue an aggressive anti-gun agenda.

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

Secretary of the Interior Issues Order Expanding Hunting Access Nationwide

News  

Wednesday, January 14, 2026

Secretary of the Interior Issues Order Expanding Hunting Access Nationwide

Secretary of the Interior Doug Burgum has issued Secretarial Order 3447 – Expanding Hunting and Fishing Access, Removing Unnecessary Barriers, and Ensuring Consistency Across the Department of Interior Lands and Waters. This sets a department wide ...

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Bans for 3D Blueprints: New York Governor Pushes Anti-Gun, Anti-Speech Proposals

News  

Monday, January 12, 2026

Bans for 3D Blueprints: New York Governor Pushes Anti-Gun, Anti-Speech Proposals

Manufactured panic has frequently been used to lay the policy foundation for legislative and legal efforts meant to ban legally manufactured and lawfully owned firearms.

Gun Control Honcho “Certain” that Federal Agents with Guns “Do Not Make Us Safer”

News  

Monday, January 12, 2026

Gun Control Honcho “Certain” that Federal Agents with Guns “Do Not Make Us Safer”

Gun control advocates have gone to great lengths to rebrand themselves as mere proponents of “commonsense gun safety measures.” 

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

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

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

News  

Tuesday, January 6, 2026

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

In 1999, when the rest of the country was fretting over the potential Y2K disruption of worldwide computer systems, the City of Gary, Indiana launched its lawsuit against handgun manufacturers, retailers and a wholesaler, raising ...

Crisis Management in the Land Down Under: All Roads Lead to Gun Control, Buybacks

News  

Monday, January 12, 2026

Crisis Management in the Land Down Under: All Roads Lead to Gun Control, Buybacks

After the terrorist attack on December 14th at Australia’s Bondi Beach, it was revealed that one of the two alleged perpetrators, Naveed Akram, had come to the attention of the Australian Security Intelligence Organisation (ASIO) in October ...

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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.