NCLA Asks Court to Bar ATF’s Attempt to Unilaterally Change Criminal Law With Bump Stock Ban
Retrieved on:
Thursday, January 5, 2023
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NCLA, a nonpartisan, nonprofit civil rights group, asks the U.S. District Court for the District of Utah to declare ATF’s “Bump Stock Rule” invalid and require the government to return the bump stock confiscated from Plaintiff Clark Aposhian.
Key Points:
- NCLA, a nonpartisan, nonprofit civil rights group, asks the U.S. District Court for the District of Utah to declare ATF’s “Bump Stock Rule” invalid and require the government to return the bump stock confiscated from Plaintiff Clark Aposhian.
- It is instead about who has the constitutional prerogative to change the criminal law if changes are warranted.
- The current statute, adopted in 1986, defines “machinegun” in a manner that does not encompass non-mechanical bump stocks.
- It is unlawful for a prosecutorial entity like ATF to rewrite existing law without authorization from Congress.