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.
We need to stop the ban it is unconstitutional I will sue the government if it is not stopped.
Posted by: BumpStock Enthusiasts | Jan 17, 2019 8:11:58 AM