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
Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

News  

Friday, December 13, 2024

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

Last week, the anti-gun attorneys general of Minnesota and New Jersey filed nearly simultaneous lawsuits against firearm maker Glock, essentially claiming the company was violating the laws of those states by making guns that are too easy to illegally ...

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

News  

Monday, December 16, 2024

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

The Crime Prevention Research Center (CPRC) has released the latest in its series of annual reports on trends in concealed carry permits in America.

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

Wednesday, December 18, 2024

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

With only a few days left in the session, anti-gun legislators are doing everything they can to pass additional legislation restricting the Second Amendment rights of Michigan citizens. The legislation below could be taken up ...

Maine: Prepare for Progressives to Attack Your Hunting Rights

Wednesday, December 18, 2024

Maine: Prepare for Progressives to Attack Your Hunting Rights

While 2024 may be winding down now, the 2025 legislative session is about to heat up, and radical anti-gun progressive politicians are already planning new ways to strip you of your fundamental rights.  

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

News  

Monday, December 16, 2024

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

Predictably, gun control activists are citing the cold-blooded Manhattan murder of health insurance executive Brian Thompson to call for more gun control, particularly in the hot-button areas of “ghost guns” and “3D printed firearms.” 

NYC Subway More Dangerous Than the Gridiron?

News  

Monday, December 16, 2024

NYC Subway More Dangerous Than the Gridiron?

Violent crime in New York City has been a growing concern over the last few years.  

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

Friday, December 20, 2024

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

With the sun setting on the 2023-2024 legislative session, yesterday the Michigan Senate held a marathon session lasting over 24 hours. While citizens were sleeping, anti-gun lawmakers were able to pass two pieces of legislation, ...

Michigan: Take Action Against Anti-Gun Legislation TODAY!

Friday, December 13, 2024

Michigan: Take Action Against Anti-Gun Legislation TODAY!

With lame duck session in full swing, Michigan Democrats are doing everything they can to pass additional anti-gun legislation. Last night, the Senate passed, among other things, legislation that would restrict home-built firearms and ban ...

Canada Announces New Gun Bans, More Gun Control on the Horizon

News  

Monday, December 9, 2024

Canada Announces New Gun Bans, More Gun Control on the Horizon

On December 5, at a late afternoon press conference in Ottawa, Canada’s federal Public Safety Minister Dominic LeBlanc announced that 324 additional makes and variants of rifles would be added to the 2020 list of ...

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.