Posted by VizardsGunsAndAmmo.com on 22nd Mar 2019
The litany of legal challenges to the federal bump stock ban generated an injunction on Thursday.
The U.S. 10th Circuit on Thursday issued a temporary stay of the pending federal bump stock ban set to take effect next week.
The stay comes in the case of Utah gun rights advocate W. Clark Aposhian, backed by the nonprofit New Civil Liberties Alliance, which takes issue with how government regulators moved to outlaw the devices last year. As such, it blocks enforcement, set to take effect on March 26, against Aposhian while his case is in the courts.
“Today the Court of Appeals told the ATF that it could not rush through the bump stock ban without meaningful judicial review,” said Caleb Kruckenberg, NCLA’s litigation counsel, in a statement to Guns.com. “The Court understands the stakes and is refusing to let an innocent owner be declared a felon, as scheduled.”
The lawsuit, filed in January in a Salt Lake City U.S. District Court, challenges the proper role of administrative agencies– such as the Bureau of Alcohol, Tobacco, Firearms and Explosives– and whether their regulations may contradict a law passed by Congress, specifically the definition of a “machine gun” as set by lawmakers in 1934 and 1968. The case argues that ATF essentially rewrote the definition as set out by previous laws, something that was not in the agency’s power to do.
Going back to 2017, regulators had researched federal law to determine if certain bump stock devices fall within the definition of “machine gun,” which led to President Trump last February to order the Department of Justice to craft regulations to “write out” the devices himself. Since then, the primary maker of bump stocks in the country stopped taking orders for the controversial devices, although they were still readily available from dealers until this week.
Attorneys for Aposhian further argue that the government is also retroactively punishing otherwise lawful purchasers of the devices– with punishable up to 10 years in federal prison for first-time offenders– who may not hear about the ban before it turns them into felons.
While U.S. District Judge Jill N. Parrish, a 2015 appointment by President Obama, turned away Aposhian’s request for an injunction on Wednesday, saying his case has “not shown a likelihood of success,” NCLA filed an emergency request to the 10th Circuit who granted the injunction. Both sides have until March 29 to file a further response with the court.
“The Court’s decision to stay the bump stock rule is an important recognition of the high stakes in this case,” noted NCLA. “While the order is limited, the Court recognizes that Mr. Aposhian has raised a substantial basis to question the rule’s validity.”
Several other cases, filed immediately after the rule was signed by then-Acting U.S. Attorney General Matthew Whitaker in December, are also seeking injunctions with mixed results. One such effort, the cases of FPC v. Whitaker and Guedes v. BATFE, will be heard by the D.C. Court of Appeals on Friday morning.
As many as 500,000 of the devices are believed to be in circulation.
The Copperhead, first announced in January, is available on the commercial market as a standard pistol, with no stamps required. (Photo: Chris Eger/Guns.com) An ultra-compact version of the MPX, Sig Sauer’s Copperhead variant is legally a pistol new for 2019 and is now shipping to dealers. Featuring a 3.5-inch barrel with an integrated muzzle brake, [...]
If a simple sub-$200 .410 designed specifically for turkey is a scratch, Stevens is ready to itch it. (Photos: Stevens) Stevens is now producing a Model 301 break-action shotgun designed to take advantage of Federal’s new Heavyweight TSS .410 turkey loads. The 301 Turkey is a no-frills single-shot .410 with a 26-inch barrel and 3-inch [...]
The nitrided stainless steel PROFESSIONAL is a 7-shot .32 H&R Mag (Photo: Charter Arms)The seven-shot PROFESSIONAL revolver is chambered in .32 H&R Magnum and is billed as “a true fighting handgun.” Eschewing polymer, Connecticut-based Charter Arms has engineered their newest revolver to tip the scales at 22-ounces, unloaded, while still sporting contoured walnut grips as [...]
Wyoming-based Weatherby this week announced they have added a line of Italian-made inertia-driven semi-auto 12 gauge shotguns to their catalogThe new 18i series are initially offered in Deluxe, Synthetic and Waterfowler models, all featuring a 28-inch barrel with a full-length ventilated rib. All have a one-piece receiver that is machined from billet aluminum, offer a [...]
If you are a fan of really accurate 22LR semi-autos with a laminated stock and stainless bull barrel, Ruger has you covered (Photos: Ruger)Featuring a natural brown laminate stock and stainless steel barrel, the latest model to Ruger’s Custom Shop is a competition 10/22.The new .22LR rifle is feature-rich from its custom dual-bedded 6061-T6511 aluminum [...]
A Sig Sauer MPX series, with a suppressor. Such sound moderators under the Hearing Protection Act could be transferred just like regular rifles or shotguns rather than with a $200 tax stamp and lengthy wait times required under the NFA. (Photo: Chris Eger/Guns.com)The Hearing Protection Act, to remove suppressors from the layers of regulation required [...]
The Magnum Research Desert Eagle pistol will feature U.S. rollmarks moving forward. (Photo: Chris Eger/Guns.com) The gun may have had some Israeli ties, but Desert Eagles are now all made in the USA at Magnum Research’s Pillager, Minnesota plant. With research on Jim Skildum and John Risdall’s large-framed semi-auto icon going back as far as [...]
With the DD5V1 rifle, gun maker Daniel Defense followed a natural progression for AR-pattern rifles. Unlike Daniel Defense’s standard-fare – AR-15s chambered in 5.56 – the DD5V1 is an AR-10 chambered in .308. Aesthetically, there’s little difference between the platforms, but the AR-10 is no easy layup for a gun maker as the design, which [...]
Featuring a steel frame and a heavier Brigadier slide, Beretta bills its new model 92X Performance pistol as competition-ready right out of the box.The new gun, the latest incarnation of the Model 92 family that first appeared in the 1970s and has gone on to be a classic worldwide, was debuted this week at the [...]
All prices are in USD