ATF Admits It Lacked Authority to Issue Legislative Rule
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Thread: ATF Admits It Lacked Authority to Issue Legislative Rule

  1. #1
    Join Date
    Feb 2018
    Rocky Mountains
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    ATF Admits It Lacked Authority to Issue Legislative Rule

    ATF Admits It Lacked Authority to Issue Legislative Rule, NCLA Condemns the Agency’s Attempt to Ban Bump Stocks Anyway

    Aposhian v. Barr, et al.

    Washington, D.C., Sept. 18, 2019 (GLOBE NEWSWIRE) -- Congress has not prohibited bump stocks, but the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has made them illegal with a Final Rule issued without statutory authority. In a noteworthy development, ATF’s latest court filing admits that it lacked rulemaking authority under the Gun Control Act and National Firearms Act to issue a legislative rule. ATF thus now agrees with NCLA that the district court below was wrong on this point of law.

    The New Civil Liberties Alliance has filed a brief on behalf of client Clark Aposhian, asking the U.S. Court of Appeals for the Tenth Circuit to reject ATF’s remaining defenses of the Final Rule, restore Mr. Aposhian’s constitutional rights, and grant him a preliminary injunction to possess his lawfully acquired property. Specifically, NCLA argues that ATF’s interpretation is not the best reading of the statute and that the Court of Appeals cannot properly invoke the Chevron judicial deference doctrine to defer to ATF’s interpretation.

    Merle1, Travlin, Da Duke and 3 others like this.
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  2. #2
    Gun Wizard
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    Mar 2012
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    Good to see things being brought out into the open on this issue, and, hopefully, going our way for a change. I've never owned a bump-stock, or ever had any interest in them, but if someone wants one, who am I to say if it's right or wrong.
    Shooter4570 and lever30 like this.

  3. #3
    Gun Wizard
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    We can all thank Woodrow Wilson's grave for creating these alphabet agencies and handing them a portion of the power that once belonged to what were supposed to be three separate but equal branches of government. Yep, it goes back that far, but more important, what we have become accustomed to living with is NOT the way it is supposed to be. Just becasue we are used to it doesn't make it right, or Constitutional.
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