Gun Control Act of 1968

NCLA Wins Major Fifth Circuit en Banc Decision Tossing ATF’s Bump Stock Ban

Retrieved on: 
Saturday, January 7, 2023

Thus, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) lacked the statutory authority to issue the Final Rule banning bump stocks.

Key Points: 
  • Thus, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) lacked the statutory authority to issue the Final Rule banning bump stocks.
  • NCLA applauds this decision, which not only allows our client to keep his property, but also prevents ATF’s unlawful attempt to rewrite a criminal law.
  • The en banc court addressed which branch of government has the constitutional authority to change the criminal law if changes are warranted.
  • We are pleased that a circuit court has finally—and decisively—recognized that Congress must be the one to pass any bump stock ban.