Thursday, December 20, 2018

Groups Sue to Stop Bump-Stock Ban

An individual and three gun-rights groups filed suit this week in the D.C. District to halt the government's new bump-stock ban. The lawsuit seeks to stop the Bureau of Alcohol, Tobacco, Firearms and Explosives from implementing and enforcing its final rule redefining "bump-stock-type" devices as "machineguns" under the National Firearms Act and the Gun Control Act and thus outlawing them.

The lawsuit alleges an illegally abrupt about-face on the definition (reversing the prior agency position that bump-stocks were not machineguns), without sufficient explanation, and a variety of "irregularities" in the rule-making process under the Administrative Procedure Act; and violations of the tax code.

It also alleges that the ban violates the Takings Clause, the Ex Post Facto Clause, and the Contracts Clause--all kind of a stretch, to be way too generous. (There's no Second Amendment allegation.)

Finally, the complaint alleges that acting AG Whitaker lacks authority to enforce the ban, because (wait for it) . . . his appointment was invalid.

https://lawprofessors.typepad.com/conlaw/2018/12/groups-sue-to-stop-bump-stock-ban.html

Cases and Case Materials, Contract Clause, News, Taxing Clause | Permalink

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