Bump stock ban to fail in the courts?

The Truth About Guns quoting Yahoo NewsCongress 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.

I'm not as convinced as some that Trump was playing 3d chess here. I don't think Trump is especially pro gun or that he knows enough about how gun laws work to engineer this. But regardless, if the courts strike down a ban on bump stocks due to lack of legislative action by Congress, that's solid precedent on our side in the future should the ATF overreach again.

And, realistically... someone told the ATF to admit in court that they lacked legislative authority to do this. Trump gets some credit for that. So maybe it was 3d chess after all.

This entry was published Sun Dec 01 02:56:53 CST 2019 by TriggerFinger and last updated 2019-09-23 22:39:55.0. [Tweet]

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