The New Civil Liberties Alliance has filed a reply brief in Cargill v. Garland, et al. in the United States Court of Appeals for the Fifth Circuit. The lawsuit seeks to overturn the federal ban on bump stocks and halt its enforcement. NCLA contends that only Congress, not an administrative agency like the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), can write criminal laws such as the ban on bump stocks.
This case was the first challenge to ATF’s bump stock ban to go to trial, last September. Instead of shutting down an administrative shortcut and restoring constitutional lawmaking principles, the U.S. District Court for the Western District of Texas turned a blind eye to numerous legal discrepancies caused by ATF’s unauthorized revision of a federal statute. Even though the Rule’s promulgation involved determining the scope of criminal liability, which is solely Congress’ responsibility, the district court concluded that bump stocks have always been prohibited by the statute—echoing ATF’s distorted claim that its rule is “interpretive” not “legislative” in nature.
NCLA released the following statement:
“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, NCLA Litigation Counsel
NCLA also represents W. Clark Aposhian, a resident of Salt Lake City, Utah in Aposhian v. Wilkinson, et alchallenging the ban. In March, the U.S. Court of Appeals for the Tenth Circuit, sitting en banc, voted 6-5 against Mr. Aposhian. NCLA plans on filing a petition for a writ of certiorari with the U.S. Supreme Court in the coming weeks.
Please reach out if you wish to speak to our attorney regarding this lawsuit. For more information visit the case page here or watch the case video here.
ABOUT NCLA
NCLA is a nonpartisan, nonprofit civil rights group founded by prominent legal scholar Philip Hamburger to protect constitutional freedoms from violations by the Administrative State. NCLA’s public-interest litigation and other pro bono advocacy strive to tame the unlawful power of state and federal agencies and to foster a new civil liberties movement that will help restore Americans’ fundamental rights.
