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Supreme Court Deals Major Blow to Executive Branch Overreach

Saturday, June 29, 2024

Supreme Court Deals Major Blow to Executive Branch Overreach

On Friday, the Supreme Court issued its decision in Loper Bright Enterprises v. Raimondo and overturned Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. While the Loper Bright case dealt with the federal government’s regulation of commercial herring fishing, overruling the Court’s Chevron decision will have far reaching consequences for federal firearm regulations.

Before Friday, under so-called “Chevron deference” federal courts have deferred to any “permissible” reading of a federal statute made by a federal agency if the court determined that the intent of Congress under the statute was unclear. This rule led federal courts to uphold many federal regulations that bore little resemblance to the statutes they were supposedly implementing.

It is also antithetical to America’s constitutional structure for an executive branch agency to be given the power to create binding interpretations of the laws they are charged with enforcing. As Chief Justice Roberts put it in the Court’s majority opinion, “[t]he Framers … envisioned that the final ‘interpretation of the laws’ would be ‘the proper and peculiar province of the courts.’”

In recent years most federal gun control has been created through regulations implemented by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”). This includes ATF’s treatment of all pistols with attached stabilizing braces as short-barreled rifles, ATF’s redefinition of the term “frame or receiver” to effectively ban parts used by hobbyist gun builders, and ATF’s attempt to expand who must be licensed as a gun dealer before selling firearms.

Thanks to the Court’s decision to reject Chevron deference, all of these ATF rules are now on very questionable legal footing.

In fact, the Court’s decision to depart from agency deference has already played a role in the invalidation of a federal firearm regulation. When the Court rejected ATF’s ban on bump fire stocks two weeks ago, it notably did not give any deference to ATF’s interpretation of the term “machinegun.” Many Court watchers (correctly) assumed this meant the Court would be overturing or limiting Chevron when it released its decision in Loper Bright.

Gun owners, and all freedom-loving Americans, should look forward to a future where our liberties are (at least a little) less subject to the whims of unelected federal bureaucrats.

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Massachusetts: Progressives Pass Radical Gun Control Bill

Friday, July 19, 2024

Massachusetts: Progressives Pass Radical Gun Control Bill

Progressive politicians in Massachusetts just passed one of the most extreme gun control bills in the country.

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

News  

Monday, July 22, 2024

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

Last week, Sen. JD Vance (R-OH), accepted the Republican party’s nomination for vice president at the Republican National Convention in Milwaukee, WI.

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

Tuesday, July 16, 2024

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

On Monday, July 15, the Third Circuit Court of Appeals affirmed the district court’s denial of a preliminary injunction in Delaware State Sportsmen’s Association v. Delaware Department of Safety & Homeland Security, NRA-ILA’s lawsuit challenging ...

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

News  

Monday, July 22, 2024

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

In another Bruen-based invalidation of a gun law, a federal appeals court has struck a Minnesota law that prohibits 18 to 20-year-olds from being eligible for a carry permit, declaring the law to be invalid and ...

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

Friday, February 2, 2024

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

On Thursday, February 1st, the Senate passed S.2572 late in the night without the bill ever receiving a public hearing, ignoring the concerns of Minority Leader Bruce Tarr and second amendment advocates across the state. 

NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

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Second Amendment  

Monday, July 22, 2024

NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

The National Rifle Association of America (NRA) has filed a lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) “Engaged in the Business” Final Rule. The ATF’s Final Rule unlawfully redefines when a person ...

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

News  

Monday, July 15, 2024

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

Last Wednesday, the Subcommittee on Disability Assistance and Memorial Affairs of the House Veterans Affairs Committee held a legislative hearing on a number of proposed bills that would change various procedures and standards for how the Department ...

New Hampshire: Critical Pro-Gun Privacy Bill Signed Into Law

Friday, July 12, 2024

New Hampshire: Critical Pro-Gun Privacy Bill Signed Into Law

On Friday, July 12th, Governor Chris Sununu (R-New Hampshire) signed HB 1186, "an act relative to firearm purchaser's privacy."

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

I Defend The 2nd: Ronnie Barrett

News  

Monday, July 22, 2024

I Defend The 2nd: Ronnie Barrett

The second installment of the NRA’s “I Defend the 2nd” campaign features Ronnie Barrett, founder of Barrett Firearms and designer of the Barrett M107 .50-cal sniper rifle. Mr. Barrett is also a longtime member of ...

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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.