AMGOA Staff
Pennsylvania


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The U.S. Court of Appeals for the Tenth Circuit gave bump stocks new life last week when they ruled to vacate a previous decision that upheld a ban on the devices.

A 2-1 panel of the same court had previously upheld the Bureau of Alcohol, Tobacco, and Firearms' (ATF) decision to classify bump stocks as "machine guns." But now, after a majority of non-recused active judges voted in favor, the Denver-based court has agreed to rehear the case en banc before the full 12-judge panel.

The petition to rehear the case was filed by Utah gun rights advocate W. Clark Aposhian, backed by the nonprofit New Civil Liberties Alliance (NCLA). The NCLA called the previous decision from the Tenth Circuit "troubling" and argued that Chevron deference does not give a federal agency a blank check to interpret federal law however they see fit. Chevron deference is a legal concept that allows a court to defer to an agency's interpretation of an ambiguous statute.

"The full Tenth Circuit has recognized the troubling consequences of the panel's prior decision," said Caleb Kruckenberg, Litigation Counsel, NCLA. "Chevron deference cannot guarantee a win for an agency even when the parties agree it doesn't apply, because it contradicts the constitutional rule that criminal laws should be construed against the government. We look forward to the Court setting a major precedent limiting Chevron's unconstitutional reach."

https://www.gunsamerica.com/digest/bump-stocks-get-new-life-as-federal-court-agrees-to-rehear-case