I saw it posited that a few recent Supreme Court decisions may make it rough sledding for ATF’s attempts to do away with most braced pistols. West Virginia v. EPA appears to be the one driving this line of thought.
Anyone have an opinion on whether ATF will get reined in?
Hadn’t head a connection.
Following with interest.
@joshs ?
It's certainly a good sign that the Court is willing to continue working towards limiting the authority of regulatory agencies, but they didn't resolve this case how some where hoping (by limiting the Chevron doctrine). They have been holding one of the bump stock challenges from the 10th circuit (Aposhian), but haven't yet agreed to hear that case.Quote:
Originally Posted by GyroF-16
The Fifth Circuit also just decided to rehear a bump stock challenge en banc (which is likely a good sign).
The bump stock cases seek to limit the application of Chevron deference for statutes that have criminal consequences since under traditional common law rules these statutes are supposed to be interpreted in a way that is favorable to the defendant under the rule of lenity.
My understanding was that the decision basically said, if an agency is trying to determine something not specified in law, tie goes to the citizen.
I brought that possibility up in this forum recently, but IANA lawyer.
However, if we apply the EPA decision principle to other agencies, this could set a powerful precedent.
I’m not sure if this is a response to the Supreme Court or a response to the upcoming election cycle in November given this’ll affect millions of gun owners.
They have postponed the decision to December from what I’ve heard, but 3 minutes of googling didn’t locate it.