United States Army Court of Criminal Appeals

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.

NCLA Seeks Fifth Circuit En Banc Review of ATF’s Bump Stock Ban to Resolve Circuit Split

Retrieved on: 
Friday, January 28, 2022
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For well over a decade, ATF determined that non-mechanical bump stock devices were not machineguns, and hence their possession was not prohibited.

Key Points: 
  • For well over a decade, ATF determined that non-mechanical bump stock devices were not machineguns, and hence their possession was not prohibited.
  • In 2018, the agency reversed course, creating a new Bump Stock Rule, holding that bump stocks are machineguns after all.
  • The Fifth Circuit panel held that the Bump Stock Rules interpretation of the statutory definition of machinegunswhich ATF used to determine that bump stocks are machinegunsis the best interpretation of the statute.
  • Plus, the en banc Sixth Circuit deadlocked 8-8 on the issue and thus was unable to render a decision.