U.S.A. -(AmmoLand.com)- Yesterday, NRA-ILA filed an amicus curiae (or friend of the court) brief in support of a petition to the United States Supreme Court challenging ATF’s 2018 rule that classified bump stocks as machine guns. This is the second time NRA-ILA has filed an amicus curiae brief in a case challenging this rule in as many months.
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.
Congress defined machine gun “objectively based on the trigger’s mechanics, nothing else,” the brief argues. 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 provisions of the Gun Control Act that impose criminal liabilities. Two federal appellate courts have ruled that they must defer to ATF’s interpretation of what a “machinegun” is, while one has held ATF gets no deference. The brief argues for the latter 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 case is captioned as Aposhian v. Garland.
Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights.
About 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. Visit: www.nra.org
Seriously NRA?? First you support regulating bump stocks and now you slink in and try to make it look like you’re opposing the ban now that its been enacted by attaching your name to real 2A supporters legal challenge? Typical behavior for a snake.
I used to have a lot of pride for being a member now I’m just sick to see what its become. Get rid of LaPierre and his cronies and get your house in order. Until then I will never support you again.
This is hilarious considering the NRA pushed for regulating bumpstocks.
https://youtu.be/A8ijtVkTCCQ
“Yesterday, NRA-ILA filed an amicus curiae (or friend of the court) brief in support of a petition to the United States Supreme Court challenging ATF’s 2018 rule that classified bump stocks as machine guns.” By S.A. Miller – The Washington Times – Thursday, October 5, 2017President Trump and the National Rifle Association got behind the push for outlawing “bump stocks” Thursday, giving rare momentum to gun control legislation in response to the Las Vegas massacre.The NRA, which for decades has opposed any new restrictions on firearms even after mass shootings, made a sharp pivot minutes before the White House gave the green light to… Read more »
Why isn’t the nra the lead plaintiff instead of just tagging on someone else’s work and then tooting your horn about it without even mentioning the lead plaintiff who’s work you are tagging on?.
The nra is an empty shell of itself, because the skunk, li’l Wayne LA P u , has hollowed it out by looting it.
And the members stand by and do nothing.
The skunk needs tarred and feathered and delivered to Leticia jamse riding on a rail.