Cato Institute, FPC Urge Appeals Court to Strike Down Trump Bump-Stock Ban
WASHINGTON — Yesterday, the Cato Institute and Firearms Policy Coalition announced their filing of an important amicus brief in the appeal of Aposhian v. Barr, a case challenging the federal bump-stock ban, at the 10th Circuit Court of Appeals. The brief may be viewed at www.firearmspolicy.org/legal and https://www.cato.org/blog/again-pointing-out-executive-power-abuses-new-bump-stock-ban.
Cato and FPC argue in the brief that President Trump’s executive order banning bump stocks was arbitrary, capricious, and unconstitutional. As the court filing explains in detail, the Trump Administration disregarded the statutory definition of ‘machinegun’, a term used in both the National Firearms Act of 1934 (NFA) and Gun Control Act of 1968 (GCA), in order to comply with a presidential mandate to re-classify legal “bump-stock-type devices” as illegal automatic weapons. Further, the brief argued the ATF’s reversal on what constitutes an automatic weapon was based on political expediency and not statutory ambiguity.
What’s more, they argued, the bump-stock ban expands the ATF’s authority to bring more firearms into the NFA’s purview, placing an un-knowable number of gun owners in criminal peril.
“In effect, there is now a Damoclean sword over law-abiding Americans,” explained Cato and FPC in the brief. “What was legal yesterday can be illegal tomorrow.” In other words, this case extends far beyond just bump stocks, and has the potential to affect the future legality of just about anything protected by the Second Amendment. Read more