NCLA Wins Major Fifth Circuit en Banc Decision Tossing ATF’s Bump Stock Ban
Retrieved on:
Saturday, January 7, 2023
Government, Justice, United States Court of Appeals for the Tenth Circuit, Fifth Circuit Four, National Firearms Act, Bureau of Alcohol, Tobacco, Firearms and Explosives, Firearm, Tobacco, Final, Supreme, Gun Control Act of 1968, NCLA, Policy, The Final Rule, DC, Congress, Bureau, United States Court of Appeals for the Fifth Circuit, United States Department of Justice, Army, Criminal law, ATF, Gunsmith
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.