Explore The NRA Universe Of Websites

APPEARS IN News

Fifth Circuit Court of Appeals Invalidates ATF Bump-Stock Rule—Holds that Congress, Not ATF, Declares What the Law Is.

Monday, January 9, 2023

Fifth Circuit Court of Appeals Invalidates ATF Bump-Stock Rule—Holds that Congress, Not ATF, Declares What the Law Is.

On Friday, the Fifth Circuit Court of Appeals, sitting en banc, invalidated the ATF’s Rule classifying bump stocks as machine guns under the Administrative Procedure Act.

In 2018—after determining that bump stocks were not machine guns on ten separate occasions—ATF changed its position and reclassified bump stocks as machine guns, thereby banning any bump stock produced after 1986, effectively all of them. That decision prompted several legal challenges under the Administrative Procedure Act, which directs courts to “set aside” government actions that are “not in accordance with law.” The Fifth Circuit ultimately held that a bump stock does not meet the federal definition of a machine gun, because it does not allow the firearm to discharge multiple rounds by a single action of the trigger, and ATF’s Rule was not in accordance with the law.

But the decision goes well beyond bump stocks. The court said that the Rule “purports to allow ATF—rather than Congress—to set forth the scope of criminal prohibitions.” That position was squarely rejected over 200 years ago, when Chief Justice Marshall, writing for the Supreme Court, declared “the power of punishment is vested in the legislative, not in the judicial department. It is the legislature … which is to define a crime, and ordain its punishment.” Thus, Congress, not ATF or the courts, must decide if bump stocks—or any other firearm—should be criminally outlawed, and Congress has not done that with bump stocks.

The Court's decision tracks the argument that NRA-ILA made in an amicus brief filed in this case, other amicus briefs that NRA-ILA filed before the Supreme Court and the Sixth Circuit Court of Appeals in related cases, and comments that NRA-ILA made to ATF when it was considering the rule.

The ATF now must decide if it wants to appeal the Fifth Circuit’s decision to the United States Supreme Court, which recently signaled that it may rein in federal agency rulemaking.

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 ATF
TRENDING NOW
NYC Chaos Shows that Gun Controllers Aren’t Serious about Crime

News  

Monday, November 25, 2024

NYC Chaos Shows that Gun Controllers Aren’t Serious about Crime

For decades, NRA-ILA has pointed out that gun control advocates are disingenuous when it comes to public safety.

The FBI’s Missing Murders

News  

Monday, November 25, 2024

The FBI’s Missing Murders

In October, Dr. John Lott of the Crime Prevention Research Center (CPRC) broke the news that the Federal Bureau of Investigation (FBI) had stealth-revised its reported violent crime data for 2022 to show a 4.5% ...

Gulfport City Council Votes to Create "Gun-Free Zone" for Law-Abiding Citizens

Friday, November 22, 2024

Gulfport City Council Votes to Create "Gun-Free Zone" for Law-Abiding Citizens

This week, the Gulfport City Council voted 4-3 to ban law-abiding citizens who legally open carry from bringing firearms into City Council Chambers during a public meeting. They also approved intrusive security measures, including wanding ...

Missouri: AG Bailey Intervenes on County’s Assault on the Second Amendment

Friday, November 22, 2024

Missouri: AG Bailey Intervenes on County’s Assault on the Second Amendment

Missouri’s Attorney General Andrew Bailey took immediate action to stop the erosion of the Second Amendment by a County Commission bent on restricting the rights of law-abiding citizens who either reside or traverse within its ...

Nancy Pelosi: Pro-Gun Voters Made an Impact

News  

Monday, November 18, 2024

Nancy Pelosi: Pro-Gun Voters Made an Impact

Congratulations NRA members and other pro-gun voters! Once again, our votes helped make the difference.

NRA Files Lawsuit Challenging Pennsylvania’s Prohibition on Concealed Carry by Adults Under Twenty-One

Saturday, November 23, 2024

NRA Files Lawsuit Challenging Pennsylvania’s Prohibition on Concealed Carry by Adults Under Twenty-One

Today, the NRA, Firearms Policy Coalition, and two individuals filed a lawsuit challenging Pennsylvania’s prohibition on concealed carry by adults under 21.

Pro-Second Amendment Bills Pre-Filed For Texas' 2025 Legislative Session

Friday, November 22, 2024

Pro-Second Amendment Bills Pre-Filed For Texas' 2025 Legislative Session

Last week your NRA reported on a laundry list of extreme anti-Second Amendment bills pre-filed in advance of the 2025 Texas legislative session, including red flag gun confiscation schemes, bans on private firearms transfers, limits ...

Grassroots Spotlight: The National Shooting Complex

Take Action  

Monday, November 25, 2024

Grassroots Spotlight: The National Shooting Complex

Your Texas NRA-ILA Team recently attended, and competed in, the National Sporting Clays Championship at The National Shooting Complex, in San Antonio, Texas!

Make Crime Illegal Again

News  

Monday, November 18, 2024

Make Crime Illegal Again

While less prominent than the red sweep of the nation’s electoral map and the triumph of President Donald Trump, another telling development following the 2024 elections was the number of Californians in ultra-progressive strongholds who ...

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Saturday, November 9, 2024

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Today, the U.S. District Court for the Southern District of Illinois struck down provisions of the Protect Illinois Communities Act (PICA) that prohibit “assault weapons” and “large-capacity magazines” in an NRA-supported case, Barnett v. Raoul.

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.