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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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Rogues’ Gallery

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Tuesday, October 8, 2024

Rogues’ Gallery

Oh, dear. A high profile member of America’s most prominent gun control empire has been in the news lately, and for all the wrong reasons.

Biden Executive Order has First Amendment Implications

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Tuesday, October 8, 2024

Biden Executive Order has First Amendment Implications

As NRA-ILA noted last week, President Joe Biden has signed an executive order creating a “task force” bent on “combatting emerging firearm threats,” that purports to target “machinegun conversion devices and unserialized, 3D-printed firearms.”

President Donald J. Trump to Deliver Keynote Address At NRA’s Defend the 2nd Event in Savannah, GA

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Friday, October 4, 2024

President Donald J. Trump to Deliver Keynote Address At NRA’s Defend the 2nd Event in Savannah, GA

Today, the National Rifle Association of America (NRA) announced that President Donald J. Trump will serve as the special guest keynote speaker at the NRA’s “Defend the 2nd” event in Savannah, GA, on Tuesday, October ...

Kamala for Gun Confiscation: In Her Own Words

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Monday, September 16, 2024

Kamala for Gun Confiscation: In Her Own Words

During the September 10 presidential debate, President Donald Trump correctly highlighted Democratic presidential nominee Kamala Harris’s support for gun confiscation. A visibly defensive Harris claimed, “We're not taking anybody's guns away. So stop with the ...

Massachusetts: Gov. Healey Forces Gun Control Law Into Effect

Tuesday, October 1, 2024

Massachusetts: Gov. Healey Forces Gun Control Law Into Effect

Governor Maura Healey, one of the nation's most extreme anti-gun politicians, has forced H. 4885 into law.

Cert Petition Filed in NRA-Backed Challenge to Maryland’s Handgun Qualification License Requirement

Monday, October 7, 2024

Cert Petition Filed in NRA-Backed Challenge to Maryland’s Handgun Qualification License Requirement

On September 27, the plaintiffs in Maryland Shall Issue v. Moore petitioned the U.S. Supreme Court to hear their challenge to Maryland’s Handgun Qualification License requirement.

Washington District Court Denies Preliminary Injunction of “Assault Weapon” Ban in NRA-ILA Supported Case

Wednesday, October 2, 2024

Washington District Court Denies Preliminary Injunction of “Assault Weapon” Ban in NRA-ILA Supported Case

On September 26, the U.S. District Court for the Eastern District of Washington denied an NRA-backed request for a preliminary injunction against Washington State’s “assault weapon” ban.

Kamala Harris is an Existential Threat to the Second Amendment and Supports Gun Confiscation

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Monday, July 29, 2024

Kamala Harris is an Existential Threat to the Second Amendment and Supports Gun Confiscation

Since President Joe Biden unceremoniously dropped out, or was forced out, of the 2024 presidential race on July 21, Vice President Kamala Harris has been effectively coronated as the Democratic presidential nominee.

Kamala Harris’ Record on Gun Control and Second Amendment

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Thursday, October 3, 2024

Kamala Harris’ Record on Gun Control and Second Amendment

Vice President Kamala Harris has consistently campaigned for draconian gun control laws, which severely limit the rights of lawful gun owners.

Biden-Harris Administration Caps a Year of Executive Gun Control With … More of the Same

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Monday, September 30, 2024

Biden-Harris Administration Caps a Year of Executive Gun Control With … More of the Same

Last week, the Biden-Harris administration celebrated the one-year anniversary of the White House Office of Gun Violence Prevention. 

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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.