• Mossberg Owners is in the process of upgrading the software. Please bear with us while we transition to the new look and new upgraded software.

Bad Trump...Here Comes The Bumpstock Ban

I know that it's been a while, but I just saw a jewel posted on yahoo news. I'll add the link and an exerpt just in case the story goes away or gets revised later.


ATF Admits It Lacked Authority to Issue Legislative Rule, NCLA Condemns the Agency’s Attempt to Ban Bump Stocks Anyway

Washington, D.C., Sept. 18, 2019 (GLOBE NEWSWIRE) -- Congress has not prohibited bump stocks, but the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has made them illegal with a Final Rule issued without statutory authority. In a noteworthy development, ATF’s latest court filing admits that it lacked rulemaking authority under the Gun Control Act and National Firearms Act to issue a legislative rule. ATF thus now agrees with NCLA that the district court below was wrong on this point of law.

The New Civil Liberties Alliance has filed a brief on behalf of client Clark Aposhian, asking the U.S. Court of Appeals for the Tenth Circuit to reject ATF’s remaining defenses of the Final Rule, restore Mr. Aposhian’s constitutional rights, and grant him a preliminary injunction to possess his lawfully acquired property. Specifically, NCLA argues that ATF’s interpretation is not the best reading of the statute and that the Court of Appeals cannot properly invoke the Chevron judicial deference doctrine to defer to ATF’s interpretation.


how an agency may create such a ban—that is, whether agency regulations may contradict a statute passed by Congress. The appeal also challenges the notion that a mere interpretive rule can bind third parties, such as owners of bump stocks." data-reactid="14">This case is not about whether gun control is a good idea. Rather, Mr. Aposhian’s appeal raises key issues about how an agency may create such a ban—that is, whether agency regulations may contradict a statute passed by Congress. The appeal also challenges the notion that a mere interpretive rule can bind third parties, such as owners of bump stocks.

The bump stock rule made it a new federal crime to own a bump stock, even one purchased with ATF’s prior permission. ATF knows it didn’t have the authority to enact such a law. Instead of defending the rule, ATF now pretends the ban is just a recommendation for the public. NCLA is confident the court will see through ATF’s games and strike down this invalid rule.” —Caleb Kruckenberg, Litigation Counsel" data-reactid="15">“The bump stock rule made it a new federal crime to own a bump stock, even one purchased with ATF’s prior permission. ATF knows it didn’t have the authority to enact such a law. Instead of defending the rule, ATF now pretends the ban is just a recommendation for the public. NCLA is confident the court will see through ATF’s games and strike down this invalid rule.” —Caleb Kruckenberg, Litigation Counsel

ATF is caught between a rock and a hard place. The agency lacks legal authority to issue a so-called legislative rule, but a mere interpretive rule is not legally allowed to bind any third parties outside the government. By ordering half a million bump stock owners to surrender their devices—or face prosecution—ATF has acted in a completely unconstitutional fashion. It is high time for the federal courts to put a stop to this regulatory nonsense.”
—Mark Chenoweth, Executive Director and General Counsel" data-reactid="16">“ATF is caught between a rock and a hard place. The agency lacks legal authority to issue a so-called legislative rule, but a mere interpretive rule is not legally allowed to bind any third parties outside the government. By ordering half a million bump stock owners to surrender their devices—or face prosecution—ATF has acted in a completely unconstitutional fashion. It is high time for the federal courts to put a stop to this regulatory nonsense.”
—Mark Chenoweth, Executive Director and General Counsel

Congress could have passed bipartisan legislation making bump stocks illegal. Instead, ATF has tried to ban them via administrative action in the Bump Stock Final Rule. This Court has a constitutional obligation to strike down ATF’s attempted legislative rewrite. Otherwise, the Executive Branch will usurp Congress’ legislative function in other areas, and the Constitution’s careful limits on how laws are made will be undone.

Update: Mr. Aposhian was forced to surrender his bump stock temporarily on May 6, 2019, while his appeal is being heard. NCLA also filed a separate lawsuit with the U.S. District Court for the Western District of Texas on behalf of Michael Cargill, a resident of Austin, Texas who turned in his bump stock to the local ATF office while his case is pending before that court.' data-reactid="18">Update: Mr. Aposhian was forced to surrender his bump stock temporarily on May 6, 2019, while his appeal is being heard. NCLA also filed a separate lawsuit with the U.S. District Court for the Western District of Texas on behalf of Michael Cargill, a resident of Austin, Texas who turned in his bump stock to the local ATF office while his case is pending before that court.
 
Its just hard to believe an alphabet agency would knowingly violate laws rules or regulations , I mean what chaos and debauchery could ensue if the DEA or FBI operated in such a manner :doh:
 
Oh boy you “never trumpers”


Lol
I'm surely no never trumper :doh:
Rarely miss a rally in the region, I'm a sign slinging machine and freakin donate like I'm tithing !!!!
That said I dont agree with any attempt to INFRINGE by anyone period. I believe the simple wording of SHALL NOT was on purpose.
 
I'm so medicated I could get arrested for Typeing Under the Influence , I may not get it today

Basically any criticism, no matter how legitimate it may be, is considered trolling and never trumping by some select Mossberg owners members. Apparently. So it seems.

But hey, take the guns first... and not push forward legislation on ccw reciprocity and hearing protection.
 
Basically any criticism, no matter how legitimate it may be, is considered trolling and never trumping by some select Mossberg owners members. Apparently. So it seems.

But hey, take the guns first... and not push forward legislation on ccw reciprocity and hearing protection.

Yes sir I totally get that , often actually.. I'm a hardcore trump supporter. BuT I'm nit his minion that ifnhe wavers I'm def gonna call him out for it. Kinda like a good friend or church brother , I'm with ya BUT I will say something if ya wrong
 
Last edited:
Back
Top