ATF Admits It Lacks Authority To Ban Bump Stocks

[Matt Collins]

https://finance.yahoo.com/news/atf-a...172200417.html

[Swordsmyth]

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.

[Swordsmyth]

The ban will be overturned. it was always going to be, BATFE had already determined it couldn't outlaw bumpstocks on its own.

[tn1776]

When the US was a free country, Americans did everything voluntarily and had personal responsibility.


Americans who worked hard could keep what they earned.


Americans who were not careful got hurt.


Those who did not work were hungry.


Americans relied on their families in emergencies.


Now that the US is a police state, Americans have found out that tyranny means force.


Americans are either forced to do something or not do something.


Tyranny is a vicious circle.


Tyranny means the Gestapo and prisons are needed. More soldiers and jails means more taxes. More laws means more bribery is needed to do anything.


People give up in police states because hard work is punished with taxes and regulations and laziness is rewarded with welfare.


Families fall apart because churches are closed and girls marry the state instead of a man. No one wants to have kids because what kind of life is this?

[spudea]

Amatures are being confused by the semantics, the ATF is not making a new legislative rule, they are enforcing current legislative rule present in current laws. Congress banned machine guns in 1934. Bump stock device = machine gun.

[Swordsmyth]

Amatures are being confused by the semantics, the ATF is not making a new legislative rule, they are enforcing current legislative rule present in current laws. Congress banned machine guns in 1934. Bump stock device = machine gun.

NO.
According to the definition in the law a bumpstock equipped semi-auto is NOT a machine gun.

BATFE has no authority to ban them and it has said so, eventually the ban will be overturned.

[mrsat_98]

https://crsreports.congress.gov/prod...f/LSB/LSB10296

Congressional Research Service on "Bump Stocks".

https://crsreports.congress.gov/product/pdf/IN/IN10801

again.

[Superfluous Man]

Amatures [sic] are being confused by the semantics, the ATF MAGA is not making a new legislative rule, they are enforcing current legislative rule present in current laws. Congress banned machine guns in 1934. Bump stock device = machine gun.

Fixed.

It's still a false claim, since the redefining of "machine gun" (machine guns aren't banned, btw) to include bump stocks is new, and is contrary to current legislation. But at least now it's accurate as to who the bad actor is.