PRELIMINARY STATEMENT

“The U.S. Constitution vests “All legislative Powers” in the Congress and directs that the President “shall take Care that the Laws be faithfully executed … .” U.S. Const. art I, § 1, and art. II, § 3 (emphasis added). It is therefore a basic tenet of our government that the Executive Branch may not, on its own, rewrite the law as it sees fit.

The Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives, have violated this basic premise of our Constitution by issuing the “Bump-StockType Devices” Final Rule. Contrary to statutory language enacted by Congress (and signed by the President), and circumventing Congressional efforts to revise that language, this rule is scheduled to make hundreds of thousands of law-abiding Americans into felons in defiance of constitutional restraints on executive power. Whatever the merits of such a law, the Final Rule violates the fundamental constitutional order and thus cannot be tolerated.

Plaintiff, W. Clark Aposhian, like hundreds of thousands of his fellow Americans, legally purchased a bump-stock device with the ATF’s express approval. And even though the law written by Congress has not changed, the Department of Justice has ordered Mr. Aposhian to destroy or surrender his device or face criminal prosecution. The Constitution does not permit such lawmaking by executive fiat, and the rule must be permanently enjoined.”

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