5th Circuit Court Invalidates ATF Bump-Stock Rule Congress NOT ATF Makes the Law

Slide Fire SSAR-15 Mod Bump Fire Stock Pistol Grip
Slide Fire SSAR-15 Mod Bump Fire Stock Pistol Grip

USA – -(AmmoLand.com)- This month, the Fifth Circuit Court of Appeals, sitting en banc, invalidated the ATF’s Rule classifying bump stocks as machine guns under the Administrative Procedure Act.

In 2018—after determining that bump stocks were not machine guns on ten separate occasions—ATF changed its position and reclassified bump stocks as machine guns, thereby banning any bump stock produced after 1986, effectively all of them. That decision prompted several legal challenges under the Administrative Procedure Act, which directs courts to “set aside” government actions that are “not in accordance with law.” The Fifth Circuit ultimately held that a bump stock does not meet the federal definition of a machine gun, because it does not allow the firearm to discharge multiple rounds by a single action of the trigger, and ATF’s Rule was not in accordance with the law.

But the decision goes well beyond bump stocks. The court said the Rule “purports to allow ATF—rather than Congress—to set forth the scope of criminal prohibitions.”

That position was squarely rejected over 200 years ago when Chief Justice Marshall, writing for the Supreme Court, declared, “the power of punishment is vested in the legislative, not in the judicial department. It is the legislature … which is to define a crime, and ordain its punishment.”

Thus, Congress, not ATF or the courts, must decide if bump stocks—or any other firearm—should be criminally outlawed, and Congress has not done that with bump stocks.

The Court’s decision tracks the argument that NRA-ILA made in an amicus brief filed in this case, other amicus briefs that NRA-ILA filed before the Supreme Court and the Sixth Circuit Court of Appeals in related cases, and comments that NRA-ILA made to ATF when it was considering the rule.

The ATF now must decide if it wants to appeal the Fifth Circuit’s decision to the United States Supreme Court, which recently signaled that it may rein in federal agency rulemaking.

The case is captioned as Cargill 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)

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Nanashi

On tonight’s episode of “The NRA tries to take credit for something it had absolutely nothing to do with and in-fact actively opposed”

Ope

The former NRA has done that for decades. Nobody believes them, but they still try.

Stag

Oh, there are people who still believe them. He’ll be along shortly to tell you so.

Ope

Stag, I’m kinda surprised he already hasn’t.

Bubba

FWLP and his butt buddy FJB.

USMC0351Grunt

What are you talking about? Wasn’t it the NRA that has their fingerprints all over the NFA of ’32 as well as further bartering away our freedom and liberty around the time the GCA was created in ’68?

Last edited 21 days ago by USMC0351Grunt
RichDD

This needs to be applied to the braces rule.

USMC0351Grunt

Pretty sure that the basis of this decision is implied and to be carried over to that and ALL like-type issues as well. The SCOTUS is just pointing out that since the birth of the ATF that they have been running whory-glory thinking they have magical powers that they were never given and the SCOTUS is having to keep reminding them case, (Miller) after case (McDonald) after case, (Heller) after case, (Bruen), after case, (WV vs EPA) THAT THEY HAVE NO F’KING POWER TO INFRINGE ON OUR FREEDOM AND LIBERTY!

Last edited 21 days ago by USMC0351Grunt
Roland T. Gunner

As well as Forced Reset Triggers.

Quatermain

When I said non compliance was the way to handle the bump stock ban I was jeered and told that the piece of plastic was not the hill to die on. So, folks how about the pistol brace ban? What hill is worth dying on?

Patriot Solutions

I remember that. Those are docile conservatives and they don’t have any hill to die on because they gulp lot’s of their masters Kool-Aid and have decades of coma induced Stockholm Syndrome. That’s why the government bullys them around so much because it is proven that they would never raise a hand to their master who has also been/is their employer unlike you. They have perfected compliance and being bullied to a form of art and unlike wine it tends to not age well.

Last edited 21 days ago by Patriot Solutions
USMC0351Grunt

They are ALL the, “hill to die on” because they are ALL infringements of OUR God given RIGHTS. ANY right. The 1st Amendment, the 4, the 10th, they are ALL up for grabs at the very same time! Everybody just keeps poking at the 2nd because THAT one is the final straw. But if the 10, the 11th, the 3rd, ANY rights get dissolved on OUR watch, then it goes down in history that those bunch of spineless bloe-hard pussies in the early 2020’s are the ones tht dropped the ball and cost us OUR freedom and liberty.

Bubba

Oorah!

Roland T. Gunner

I’m starting to believe, this one.

Chuck

I agree with you. I don’t own a Bump Stock, but if I had, I wouldn’t turn it in. Might remove it so no nosy neighbor at the range could try to get brownie points, but that would be as far as I go.
As for the Brace Ban, F**k ATF!

Ledesma

The ATF is nothing short of a citizen harassment agency that polices 3 LEGAL products. Alcohol. Tobacco and Firearms.

Oldman

Yes, and as far as I am concerned they should get rid of NCIS, too. Everyone knows Biden’s boy lied on the form and should be tried and convicted and be serving time. They can still keep investigating the Biden Crime Syndicate while he has sex with his butt buddies on the inside. There is something really wrong with our system when private lawyers are finding classified and maybe top secret material from the Obummer admin.

We can’t trust anything anymore!

GomeznSA

Old I suspect you meant NICS – the Naval Criminal Investigative Service is a different critter. Besides, without them Leroy Jethro Gibbs would be out of a job 😉
Did ya hear that the Air Force is fighting the multi million dollar judgement recently dropped on them for failing to properly report the dirt bag who did the Sutherland Springs atrocity? THAT is just one of the problems with NICS – it is only as good as the info put into it.

Oldman

You are right, that’s what I meant.Thanks for pointing out that; not only am I old, but that my dyslexia is showing too…….LOL

Bill

GIGO. Garbage in; Garbage out

Arizona

Little late to the party, NRA, and yet as usual you imply you have single-handedly saved our gun rights. Fact of the matter is NRA is behind every legislative gun infringement /gun law in history in America, often helping to write the damn thing. We wouldn’t have the NFA or GCA if not for the NRA.

CaptainKerosene

NRA often sought compromise to avoid outright bans. Misguided, yes. But the desire to compromise has been the downfall of Republicans for 100 years.

GomeznSA

CK – all too true. They STILL have not figured out that ‘compromise’ in lib terms means – shut up, sit down and do what we tell you to do. And they always fall for the line(s) that it is for the children, or we are doing what is best for you etc.
Oops, I ‘almost’ forgot they promise, trust us.

Jayson

polish up your bump stock and SG brace… It can come out in the sunshine.

buzzsaw

You might ought to be careful about that if you’re not in Texas, Louisiana or Mississippi. I understand Circuit Court of Appeals rulings only apply in their jurisdiction. Elsewhere, little to nothing has changed. You can still be charged with having a post ’86 “machine gun” in other jurisdictions. The existence of this ruling would likely help your case, but it’s no guarantee. Also, this is a reason BATF & E might not appeal to the SCOTUS. If they lose there, this ruling goes nationwide. As it is, they can drag it out one district at a time until there… Read more »

KenW

While I’d tend to agree that this ruling only applies to said jurisdiction, explain how a single judge can issue a nationwide ruling whenever compelled to do so?

USMC0351Grunt

Because he administered and applied the law on sound jurisprudence? It’s no different than Chief Justice Marshall’s statement from 200 years ago. It’s just coming from the lower court so that it needs not go any further.

Last edited 21 days ago by USMC0351Grunt
Bubba

Until some poor wretch in Commiefornia or NY gets charge with possession of a machine gun. Then the fun begins. All the way up to SCOTUS.
Time to put the NFA and GCA68 and ATF to sleep once and for all.

HLB

There are different levels to play this situation at. One is to never own anything like bump stocks or pistol braces. Another is to try to own them and as soon as an alphabet agency sneezes, go turn them in to the police. Yet another is to weave in and out of court rulings as they float through time. But there is a final, universal, and somewhat dangerous method available, number four, and that is to read and understand the constitution and those constitutional laws that apply, and abide by them, irrespective of what the others are saying and doing. So, when the article talks… Read more »

USMC0351Grunt

Okay, then you step right up front and center and demonstrate for all of us just what it is that you are talking bout. Go ahead, lead by example!

Last edited 21 days ago by USMC0351Grunt
USMC0351Grunt

Now, you see? THAT is where WE in the 2nd amendment arena are supposed to be working together on these matters and collectively watching each other’s backs, raising funds, posting bails, gathering attorney support for those of us that are entangled in these types of suits. THAT is why we are supposed to be supporting the 2nd Amendment Foundation, the FPC, the CCRKBA, GOA, LEGIO, Defense Distributed, etc. These groups are in the trenches fighting for US and we need to keep supporting them regardless if it directly affects us or not. THAT is the sacrifices we MUST make in… Read more »

Bubba

Every month!
What little can be donated is appreciated by all of them.
Give what you can. It’s a much better investment then giving to GOP

Watch um

I agree with. We need to put our money where our mouth is

swmft

run forced reset triggers through the 5th too

CaptainKerosene

Maybe SCOTUS could reopen MILLER and complete the remand and. Repeal of 1934 NFA.

Bubba

Fuuuuu$$$k yes!
May happen sooner then expected. One can only hope. I’m tired of paying taxes on guns I want to own. Unfair taxation. FATF.

OlTrailDog

I probably should join in the leg humping over the bump stocks, braces, triggers, etc. and join the circular NRA firing squad, but my immediate thought was this was big picture huge. Taking back power from the alphabet agencies and making the lickspittles we send to DC actually do something, like the job we elected them to, is earth shaking. I hope this decision, and some similar recent occurrences, become a fundamental change back to how our government was intended to work.

USMC0351Grunt

It WILL only if WE, The PEOPLE get up off our ass and make it happen!

KDad

Now they must do the same thing with Pistol Braces! The ATFE has become too much like the FBI…..a Dictatorship controlled by DemocRATs!!!

Watch um

All you people who continue to blast and blame the NRA can kiss my grits Remember these words “divide an conquer. That is what the liberals love about you who make public statements about the NRA or anyone else who disagrees with you. People like you are the reason we as gun owners have lost battles and continue to. I am a life member of the NRA and A member of GOA and other gun rights organizations and I put my money where my mouth is, can you say that. Now keep your comments coming because you are causing the… Read more »

Stag

Why do you donate to an organization that has actively fought to violate your rights?