Rightly or wrongly, Congress has not prohibited bump stocks, and it is unlawful for a prosecutorial entity, like the Bureau of Alcohol, Tobacco, Firearms and Explosives, to rewrite the law in Congress’ place. ATF’s Bump Stock Final Rule took an administrative shortcut that violates basic constitutional principles concerning who makes the law. Even if ATF’s goal is laudable, this Court has a constitutional obligation of its own to strike down ATF’s attempted legislative revision. Otherwise, the next national tragedy (or emergency), involving immigration, foreign trade, or domestic terrorism will result in Executive Branch efforts to usurp Congress’ legislative function in other areas….
- Court Forces Rethink On Federal Sentencing Guidance
- Plaintiff’s Emergency Motion for a Temporary Restraining Order and Preliminary Injunction
- Complaint, Shipp v. U.S. Bureau of Prisons
- INSIGHT: Theft by Police Officers Is Unconstitutional, Right?
- NCLA Demands that Bureau of Prisons Follow the Law in Recalculating Prison Sentences for Thousands in Custody