Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

NRA-ILA Files Friend of the Court Brief Urging the Sixth Circuit to Vacate ATF’s Bump Stock Rule

Monday, August 2, 2021

NRA-ILA Files Friend of the Court Brief Urging the Sixth Circuit to Vacate ATF’s Bump Stock Rule

Last week, NRA-ILA filed an amicus curiae (or friend of the court) brief in support of a challenge to ATF’s 2018 rule that classified bump stocks as machineguns. The case is before an en banc panel of the Sixth Circuit Court of Appeals.

ATF had determined that bump stocks were not machineguns on ten separate occasions from 2008 to 2017. But that changed in 2018, when ATF announced that it would review its regulatory definition of machinegun. NRA-ILA filed comments opposing ATF’s reinterpretation at that time. Nevertheless, ATF reversed course and classified bump stocks as machineguns. That change prompted several lawsuits.

Congress defined machinegun “objectively based on the trigger’s mechanics, nothing else,” the brief argues. But in reinterpreting “machinegun,” ATF “moved the goalposts” and looked to factors beyond the function of the trigger. “ATF went off target.” 

But this case is about much more than bump stocks. At its core, it’s about how much discretion ATF has to interpret provisions of the Gun Control Act that impose criminal liabilities. The brief argues that for 200 years, the Supreme Court has consistently held that “the power to create crimes lies exclusively with Congress.” Thus, when criminal liability is on the line, “ATF’s position is ‘not relevant at all.”’

The case is captioned as Gun Owners of America 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
TRENDING NOW
Federal Judge in Colorado Insists There is No Second Amendment Right to Buy a Gun

News  

Monday, November 20, 2023

Federal Judge in Colorado Insists There is No Second Amendment Right to Buy a Gun

Honest people can disagree with the Founders’ decision to enshrine the Second Amendment within the Bill of Rights. They cannot, however, pretend that decision never happened. For much of the 20th Century, however, gun control activists ...

Federal Legislation Introduced to Ban “Gas Operated Semiautomatic” Firearms

Friday, December 1, 2023

Federal Legislation Introduced to Ban “Gas Operated Semiautomatic” Firearms

Joe Biden has long insisted he would ban what he calls “assault weapons” and has enlisted a motley succession of extreme anti-gun legislators to aid in that effort. Now, Senators Angus King (IND-ME) and Martin ...

Following Terrorist Attack, Israel Relaxes Gun Laws and Arms Civilians

News  

Monday, October 16, 2023

Following Terrorist Attack, Israel Relaxes Gun Laws and Arms Civilians

Following an unprecedented terrorist attack on civilians that indiscriminately targeted even the elderly, women, and children, Israel has loosened its gun laws and is distributing firearms to civilians. As of press time, the number of victims killed in ...

Fourth Circuit Court of Appeals Strikes Maryland’s Handgun Qualification License Requirement in NRA-Backed Case.

Tuesday, November 21, 2023

Fourth Circuit Court of Appeals Strikes Maryland’s Handgun Qualification License Requirement in NRA-Backed Case.

On Tuesday, a three-judge panel of the United States Court of Appeals ruled that Maryland’s Handgun Qualification License (“HQL”) requirement is unconstitutional under the Second Amendment. 

Seventh Circuit Strains to Uphold Illinois’ Gun and Magazine Ban

News  

Monday, November 13, 2023

Seventh Circuit Strains to Uphold Illinois’ Gun and Magazine Ban

At this point, gun owners and other productive Americans don’t anticipate much good news out of Chicago. On November 3, the U.S. Court of Appeals for the Seventh Circuit lived up to those expectations when it upheld Illinois’ ...

Virginia: Omnibus Gun Control Bills Filed Ahead of the 2024 Legislative Session

Thursday, November 30, 2023

Virginia: Omnibus Gun Control Bills Filed Ahead of the 2024 Legislative Session

In Virginia, the pre-filing of legislation has begun for the 2024 session and anti-gun legislators are wasting no time in aggressively laying out their agenda. 

SCOTUS Bruen Decision (Unsurprisingly) Popular with American People

News  

Monday, November 20, 2023

SCOTUS Bruen Decision (Unsurprisingly) Popular with American People

When the Supreme Court of the United States (SCOTUS) released its decision last year in the landmark New York State Rifle & Pistol Association, Inc. v. Bruen case, anti-gun extremist organizations had a collective conniption ...

Canadians on Canada’s Gun Control Measures: Expensive, Ineffective, Political Posturing

News  

Wednesday, September 6, 2023

Canadians on Canada’s Gun Control Measures: Expensive, Ineffective, Political Posturing

More than three years have passed since Canada’s Prime Minister Justin Trudeau announced a ban and mandatory confiscation (“buyback”) of what he called “military grade assault weapons,” which was followed by a national handgun “freeze” ...

Nebraska: Kearney City Council Rescinds Gun-Free Zone Ordinance

Take Action  

Wednesday, November 29, 2023

Nebraska: Kearney City Council Rescinds Gun-Free Zone Ordinance

On Tuesday, November 28th, the Kearney City Council voted 3-2 to rescind the recent gun-free zone ordinance Resolution 2023-149. 

Massachusetts: Sunday Hunting Hearing Wednesday

Hunting  

Tuesday, November 28, 2023

Massachusetts: Sunday Hunting Hearing Wednesday

Tomorrow, the Joint Committee on Environment and Natural Resources will be holding a hearing on a number of hunting-related bills, including bills pertaining to Sunday Hunting. 

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.