NRA-ILA Files Brief Urging SCOTUS to Hear Bump Stock Ban Challenge

U.S. Supreme Court Image NRA-ILA
Yesterday, NRA-ILA filed an amicus curiae (or friend of the court) brief in support of a petition challenging the bump stock ban. IMG NRA-ILA

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

National Rifle Association Institute For Legislative Action (NRA-ILA)

Subscribe
Notify of
11 Comments
Inline Feedbacks
View all comments
Larry
Larry
1 month ago

“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 »

Last edited 1 month ago by Larry
Beobear
Beobear
1 month ago

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.

Stag
Stag
1 month ago

This is hilarious considering the NRA pushed for regulating bumpstocks.

https://youtu.be/A8ijtVkTCCQ

vepr
vepr
1 month ago

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.

Knute Knute
Knute Knute
1 month ago
Reply to  vepr

That’s what he needs… but it won’t happen. He’ll just ride the sinking ship down until the decks are awash…. and then bail out with his golden parachute. The same as every other corporate raider. LeTrine has learned his lessons about how to get away with criminal behavior well.

Stag
Stag
1 month ago
Reply to  vepr

Because the NRA pushed for regulating bumpstocks along with red flag laws.

https://youtu.be/A8ijtVkTCCQ

JSNMGC
JSNMGC
1 month ago
Reply to  Stag

That video was about Fix NICS and Red Flag laws. The NRA issued this statement on bump stocks: “Despite the fact that the Obama administration approved the sale of bump fire stocks on at least two occasions, the National Rifle Association is calling on the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) to immediately review whether these devices comply with federal law. The NRA believes that devices designed to allow semi-automatic rifles to function like fully-automatic rifles should be subject to additional regulations.” Their statement and Trump’s subsequent banning of bump stocks opened the door to the Rare Breed… Read more »

Last edited 1 month ago by JSNMGC
Stag
Stag
1 month ago
Reply to  JSNMGC

Oh, yeah. That’s the statement I was thinking of.

Last edited 1 month ago by Stag
JSNMGC
JSNMGC
1 month ago
Reply to  Stag

The people trying to “save the NRA” never bring this stuff up (as in, they will have a different strategy if you send them money and they get Wayne out). They also never talk about making changes to hold flip-flopping politicians accountable.

The only thing they consistently say is to send money so they can pay lawyers to do something. Gullible people still send them money.

Stag
Stag
1 month ago
Reply to  JSNMGC

No doubt. The least of the NRA’s problems is Wayne. The fact that they’ve been supporting and pushing arms laws for the past 80+ years is what people should be focused on. They’ve been fleecing their members for donations every election while they negotiate our rights away. Wayne just found a way to profit off of it.

JSNMGC
JSNMGC
1 month ago
Reply to  Stag

I agree.