Their recent Bump-Stock ban law is going to fall...but right now, it’s fun watching an Executive Branch agency take heat for trying to do Legislative stuff...
I know, they did it because Trump ordered them to do it...but as we know from lots of case law, “I was just following orders” isn’t a defense for doing illegal stuff...Now, it’s up to the 10th Circuit Court to strike the final blow...
https://finance.yahoo.com/news/atf-admi ... soc_trk=twThis 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
“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
I would love to see this as the beginning of the end of the Administrative State...laws should only come from Congress...make them do their job...
