Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

NRA-ILA Files Friend of the Court Brief Urging the Supreme Court to Invalidate ATF’s Bump Stock Rule

Thursday, February 1, 2024

NRA-ILA Files Friend of the Court Brief Urging the Supreme Court to Invalidate ATF’s Bump Stock Rule

NRA-ILA filed an amicus curiae (or friend of the court) brief in the United States Supreme Court urging the court to invalidate ATF’s 2018 rule that classified bump stocks as machine guns. This is the second time NRA-ILA has filed an amicus curiae brief at the Supreme Court in a case challenging this rule, in addition to several other briefs that were filed in the lower courts. 

ATF had determined that bump stocks were not machine guns 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.

“ATF got it wrong,” the brief argues. Congress defined machine gun “based on the trigger’s mechanics, nothing else.” 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 bottom, it’s about how much discretion or leeway ATF has to interpret federal law, especially the laws that impose criminal liabilities. That question has divided the lower courts: The Fifth and Sixth Circuits have ruled that ATF does not have any authority to interpret the criminal laws that it enforces. While the Tenth and District of Columbia Circuits have come to the opposite conclusions. The brief argues for the former position: 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 Court will hear oral arguments this spring and the case will ultimately be decided before the current term ends in June. 

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
ATF Bump Stock
TRENDING NOW
Louisiana: House Passes Constitutional Carry, Now Headed to Gov. Landry’s Desk for His Signature

Wednesday, February 28, 2024

Louisiana: House Passes Constitutional Carry, Now Headed to Gov. Landry’s Desk for His Signature

Today, the House voted 75-28 to pass Senate Bill 1, the NRA-backed constitutional carry legislation that passed the Senate last week.

Washington: Two Anti-Gun Bills Advance Through the Legislature

Wednesday, February 28, 2024

Washington: Two Anti-Gun Bills Advance Through the Legislature

On Tuesday, February 27th, HB 2118, the “FFL Killer” passed the Senate, and SB 5444, "sensitive places" expansion, passed the House. Both bills were amended in the second chamber and now must return to their ...

Louisiana: Constitutional Carry Advances to the House Floor – Final Vote Imminent

Monday, February 26, 2024

Louisiana: Constitutional Carry Advances to the House Floor – Final Vote Imminent

Today, the House Administration of Criminal Justice Committee passed the NRA-backed constitutional carry legislation, Senate Bill 1, by a 10-3 vote. The bill now heads to the House floor for a final vote this week. SB 1 ...

Minnesota: Two Anti Gun Bills Scheduled to be Heard in Committee

Wednesday, February 28, 2024

Minnesota: Two Anti Gun Bills Scheduled to be Heard in Committee

On Thursday February 28th at 10:30 am, House File 601 and House File 4300 will be heard in Room 200 of the State Office Building by the Public Safety Finance and Policy Committee and the Children and ...

Maine: PETITION: Stand with Maine Gun Retailers

Monday, February 26, 2024

Maine: PETITION: Stand with Maine Gun Retailers

Gun Control groups are launching an all-out assault on the Second Amendment in Maine. Their most recent tactic?

Maine: Gun Registries, Red Flags, Universal Background Checks and more.

Tuesday, February 27, 2024

Maine: Gun Registries, Red Flags, Universal Background Checks and more.

It has been a busy week for Maine’s anti-gun politicians. From releasing a new bill that would implement Universal Background Checks and Red Flag laws in Maine, to Rep. Jared Golden (ME-02) pushing for a ...

Colorado: Anti-Gun Bills Continue to Move through the State Legislature

Thursday, February 29, 2024

Colorado: Anti-Gun Bills Continue to Move through the State Legislature

Two anti-gun bills continue to move in the Colorado State Legislature. HB24-1174, introduced by Majority Leader Monica Duran (D-HD 23),  is set to be heard next week in the House Finance Committee. HB24-1310 , introduced by ...

Indiana: Pro-Gun Bills Pass the Senate

Wednesday, February 28, 2024

Indiana: Pro-Gun Bills Pass the Senate

Yesterday, the Senate passed House Bill 1084, The Second Amendment Privacy Act, a bill to prohibit the use of firearm-related Merchant Category Codes.

South Dakota: Enhanced Conceal Carry Legislation Headed to Governor Noem's Desk

Thursday, February 29, 2024

South Dakota: Enhanced Conceal Carry Legislation Headed to Governor Noem's Desk

On February 27th, Senate Bill 203 received final passage on the House floor on a vote of 62-8. The legislation will now head to Governor Noem's desk for her consideration.

Colorado: Semi-Auto Ban Introduced in General Assembly

Wednesday, February 14, 2024

Colorado: Semi-Auto Ban Introduced in General Assembly

Anti-Gun extremist State Reps. Tim Hernandez (D-04) and Elisabeth Epps (D-06) introduced House Bill 24-1292, a bill banning the manufacturing, importing, purchasing, selling, offering to sell, or transferring ownership of so called “assault weapons”. 

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.