WASHINGTON, D.C. –-(Ammoland.com)- Today, the Cato Institute and Firearms Policy Coalition announced their filing of an important amicus brief in the appeal of Aposhian v. Barr, a case challenging the federal bump-stock ban, at the 10th Circuit Court of Appeals. The brief may be viewed at www.firearmspolicy.org/legal and https://www.cato.org/blog/again-pointing-out-executive-power-abuses-new-bump-stock-ban.
Cato and FPC argue in the brief that President Trump’s executive order banning bump stocks was arbitrary, capricious, and unconstitutional. As the court filing explains in detail, the Trump Administration disregarded the statutory definition of ‘machinegun’, a term used in both the National Firearms Act of 1934 (NFA) and Gun Control Act of 1968 (GCA), in order to comply with a presidential mandate to re-classify legal “bump-stock-type devices” as illegal automatic weapons. Further, the brief argued the ATF’s reversal on what constitutes an automatic weapon was based on political expediency and not statutory ambiguity.
What’s more, they argued, the bump-stock ban expands the ATF’s authority to bring more firearms into the NFA’s purview, placing an un-knowable number of gun owners in criminal peril.
“In effect, there is now a Damoclean sword over law-abiding Americans,” explained Cato and FPC in the brief. “What was legal yesterday can be illegal tomorrow.” In other words, this case extends far beyond just bump stocks, and has the potential to affect the future legality of just about anything protected by the Second Amendment.
“Despite having countless opportunities to do so in multiple cases, the government has failed to provide a competent defense of their rule making,” explained Cato’s Matthew Larosiere. “The idea of an unelected bureaucrat deciding what can and cannot land you in federal prison ought to give anyone pause, regardless of how you feel about bump stocks. We hope the Tenth Circuit calls the government on its casual disregard for the Constitution and reigns in this alarming expansion of the administrative state.”
“The ATF had no authority to arbitrarily re-interpret the machinegun statute to achieve the President’s desired policy outcome,” said FPC President Brandon Combs. “Worse, the government’s position that it is ‘ending its exercise of discretion’ means that they believe they can not only reclassify guns and accessories, but they can put people in prison whenever they do so. That is as egregiously wrong as it is dangerous. FPC has been and remains staunchly committed to fighting the unconstitutional expansion of gun control laws by fiat.”
Cato participated in the rulemaking process by filing a comment in opposition at the NPRM stage, and has filed briefs on the issue at the D.C. Circuit and now in the 10th Circuit. FPC participated in all phases of the bump-stock regulatory process, including at the ANPRM phase, submitting a comment in opposition, and at the NPRM phase, commissioning significant specialized research and filing a comment in opposition with 35 exhibits, including one video of a bump-stock device in use. FPC was a party to the first lawsuit, Guedes, et al. v. BATFE, et al., and is the sole plaintiff in the related case Firearms Policy Coalition, Inc. v. Barr, et al. More information on those cases can be found at www.bumpstockcase.com.
Firearms Policy Coalition (www.firearmspolicy.org) is a 501(c)4 grassroots nonprofit organization. FPC’s mission is to protect and defend the Constitution of the United States, especially the fundamental, individual Second Amendment right to keep and bear arms.
The Cato Institute (www.cato.org) is a public policy research organization dedicated to the principles of individual liberty, limited government, free markets, and peace. Its scholars and analysts conduct independent, nonpartisan research on a wide range of policy issues.
Isn’t it curious how the various activist judges who favor the left seemingly issue immediate injunctions or opinions against nearly every executive action or policy taken by the Trump administration?
But apparently not this one…
Isn’t it also curious that when the Trump administration, at the direct orders of the president, actually violates the separation of powers or the law or their oaths of office there isn’t a single judge willing to make similar proclamations without first being petitioned through the required and lengthy bureaucratic process?
Trump several times during his 2016 campaign gave us in the 2A community the ‘Thumbs Up’. What we didn’t know was that it was a signal to begin stabbing all of us in the back once he was in with a GOP controlled senate and house.
Personally I’m just want someone to pull the knife out because it’s killing us.
Folks That’s;
“Personally I’m just waiting for someone to pull the knife out because it’s killing us.”
Trump is currently defunding a gov agency and I’m hoping it is for precedence to shut down more gov agencies such as the agencies that are infringing upon rights. Wild Bill did drop hints to this the other day……………………………………….
DEATH TO GUN CONTROL!
The ban is designed to fail in court, if Trump did not do this the Congress would have taken action by legislation and that is harder to change or challenge in court. The ban will fail. Machine gun vs semiauto rifle, the schematics show parts are missing from the SA rifle, the US Patent abstract for the bump stock clearly states that the trigger of the firearm is activated each time, clearly this is not a machine gun. In use, the user generates a forward activation force (200) that urges the firing unit (22) forwardly so that the trigger (24)… Read more »
The ban was not designed to fail in court and you have no proof that it was. On the other hand gun owners DO have ever increasing proof of an anti-gun bias by the President. Witness the latest statements on suppressors “I don’t like them” and “I’ll consider a ban”. That coupled with his lack of support, once elected, for National Reciprocity does not bode well for us.
@Vann, I think there is no evidence. Those kinds of discussion will never see the light of day. But James’ guess is an interesting one. What if it were true? Trump is not smart enough to come up with that on his own. Someone had to have advised him. Keeps the soccer moms happy. Ends up shot down in flames in court.
Crumbs noted.
By a Madman no doubt.
Someone drank the Kool-aid. LOL. No, the bump stock ban was not designed to fail. In fact, bump stocks are banned NOW! SCOTUS has already refused to put the ban on hold. The bump stock ban was SUCCESSFUL! The current legal fight is to unban bump stocks, which no federal judge or SCOTUS will do. You are delusional! There was NO bill in Congress to ban bump stocks. President Trump just took the advice he got from the NRA and banned them. Why? I don’t try to rationalize the actions of a mad man. You apparently do. All the arguments… Read more »
@ Vanns40..I hope ur right!..When he was first elected I warned every body, Dont let your guard down, He hasnt earned my trust yet..He surrounds himself with swamp creatures, He said Mexico will pay for the wall and now he wants us the taxpayer to fund it..And now sounds off for more infringements on the second amendment, Hillary still aint in jail yet either!
Excuse me..my bad.. I meant to reply to James not Vanns 40
Seems to me we can lose our 2A rights piecemeal with Trump or in one fell swoop with a Demonrat. Not a nice choice but the latter is likely to invoke the type of reaction necessary to end this nonsense forever while the former is frogs on a slow boil.
As long as idiots and crazy people shoot and kill innocent people with guns the national media will make a circus out of it and the anti-gunners will scream for gun control or gun bans.
President Trump has a problem of spouting off before thinking, saying your staying home and not voting for him is making sure a democrat will be the next president and our second amendment will come under fire like never before.
Is your bumpstock worth that to you?
@Missouri B, Good observations. To your point about the national media, the MSM’s First Amendment Rights do not protect lying. We should all give that some thought.
It might surprise you Missouri Born; but, I don’t own a bump stock, and have never held one in my hands. I also don’t own, and never have owned, a centerfire semi-auto rifle. Having to draw my M-16 three to four days a week for over two years was enough for me. And then there were the semi-auto rifles I had often enough during over 22 years of Govt Service later in life. So, while I may not have those things, I have an abundance of principles and they guide my life. And don’t feel bad for my not having… Read more »
Oh so it’s not just me that has had enough? Well, well, well………………. They’re saying now that bumper decals are probable cause and can you determine where this is leading? NRA made sure you put one of your truck. Rainbow flags are legal but your bumper sticker is being used as probable cause? Personally speaking, we (those around me) were discussing the bumper decal incrimination years ago so we’re really laughing our ass’s off today. I’m enemy of the state because mine are American Flag decals. Live free or die young and leave a nice looking corpse behind is what… Read more »
Trump is WRONG on this and the Suppressors( NO VOTE) unless he changes his STANCE on these. THANK YOU;
Let’s look at this from a sound platform all of the current gun problems come from the right ,knee jerk reactions for GOP political momentary gain,He cares not what the Law is or what you think and know about existing Gun laws!! POTUS is a MONKEY WHO HAS BEEN GIVEN A MACHINE GUN !!!!! now it’s time to DISARM him before the RUSSIANS DO Given the Fact he is a COMMUNIST ASSET This is not a TV show OCCUPANT it’s real time, I recall his statement that he’s not afraid of the NRA chew on that from the STABLE GENIUS… Read more »
All the good President Trump has accomplished, there are two instances where he has failed, supporting unconstitutional acts. With respect to bump stocks, the real issue is, for a decade these pieces of plastic were legal to sell, purchase, possess and use, then by the stroke of a pen, not only are these now illegal to sell, purchase, possess and use going forward, the ban is unconstitutionally placed retroactively during the time of legal commerce, and even worse, criminal penalties attach to those now caught with them, yes those who purchased this piece of plastic during the legal commerce period.… Read more »
Which way is the wind blowing Donald? Our man in the oval office is a chronic liar. He does not care for our needs so long as his are taken care of by the little people. The question remains Who are we to vote for to protect our God given rights? Not Demo but not Trump
If not Trump, then necessarily Demo. There is NO other choice. If Trump goes away, the resulting vacuum will ensure a communist will be “elected”. Not a good idea.
In my state we wouldn’t be able to tell one from the other due to it full blown communist. Here gun control is demanded but not a word about the 44 illegal whore houses where the international sex slave trade thrives and no this is not an advertisement.
He has Failed as a HUMAN BEING because he’s not ONE the President must be Cognizant of all his Duties that encompass all of Americans in this country ALL!!! He LIES without giving Thought, He LIES about the Lies he’s just told 10,500 Lies How many other Leaders in the World take him seriously NONE CURRENTLY but they will accept our money Which the CHINESE HOLD MOST OF our T-BILLS So he’s really going to put Pressure on them,while he and his Daughter are having their Clothing LINE manufactured in China ??This is the worst KABUKI THEATER + DOG/PONY SHOW… Read more »
Without a bump stock rule reversal I and my wife will be sitting out the 2020 election. Yeah, I believe that strongly about it.
Im done too.
Same, at least with a demon in the dark house again trying to take our guns the so called patriots might finally get off their asses and fight back for once when it happens. We are overthrown and no one is even using the 2A for the very reasons it was addressed.
I understand it is all about the “…shall not be infringed.” Still, how does allowing someone who has stated they will do more than just infringe hel
I understand it is all about :…shall not be infringed.” Still, how does allowing someone who has stated they will do more than just infringe get elected by staying away from the polls help?
What about the down ticket candidates who need your help locally and to state and federal legislatures??
While it’s your decision, the opponents in this election are virtual gun banners. Trump got two solid conservatives on the Supreme Court which is worth more than losing bump stocks by a long margin. Yeah I’m pissed that the CCW reciprocal legislation went nowhere and that the suppressor legalization went nowhere. But the Supreme Court was the big win. Furthermore Trump has been packing lower courts with similar conservatives which helps the large numbers of cases that never do make it to the SC. Next President gets a minimum of one SCJ pick, maybe two? This could solidify the SC… Read more »
I agree, don’t stay at home, that’s how we got into this mess. The democrats never rest, they pack the ballot boxes, ballot harvest, bus voters in and record votes from illegals and dead people. We cannot become complacent or arrogant enough to allow them to run rough shod over us. All gun control legislation is unconstitutional yet we have allowed over 20,000 laws to be enacted restricting our rights.
Sitting out the election is like giving your vote to the ones that are pushing the stupid bans…and look into what your saying..Trump is not the one trying to remover your rights to own a firearm.and you think groping Joe that just said he will cure cancer is the better man for the job??
I agree with the comments above, staying home on election day only allows a Biden, Sanders or some one of the others to trample all of our Bill of Rights and they sure will try. Maybe the old saying give a little, take a little applies here. I have been very adamant about the bump stocks but in reality, if that makes some voters happy then we haven’t lost the whole right to have guns. This is the lesser of all the evils. Don’t take your eyes off the ball.
If it makes you feel better Oldvet to say I am a troll that’s ok with me. You see, you calling me a troll is like someone calling me a “racist”; it has no effect on me. Well, other than knowing that the person doing so is lacking in their life and that I am glad that I haven’t lived their life. So, keep on keeping on.