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Bump Stock Ruling Vacated and To Be Re-Heard En Banc

TresMonos

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Looks like the ride ain't over yet......

https://www.globenewswire.com/news-...ock-Ban-Case-Including-on-Chevron-Issues.html

https://www.globenewswire.com/news-...S-Court-of-Appeals-for-the-Tenth-Circuit.html

While a 2-1 panel of the same court previously upheld the ban in May by relying in part on what is referred to as the Chevron deference, which allows courts to default to agency interpretations of ambiguous statues, Judge Joel Carson III, a President Trump appointee, dissented at the time, describing the ban as an overreach, saying, “turning a blind eye to the government’s request and applying Chevron anyway—the majority placed an uninvited thumb on the scale in favor of the government."

Now, the full 12-judge court will rehear the challenge, with a special focus on if and how Chevron applies.

~and~

The original lawsuit, filed in 2019 in a Salt Lake City U.S. District Court, challenged the proper role of administrative agencies– such as the Bureau of Alcohol, Tobacco, Firearms and Explosives– and whether their regulations may contradict a law passed by Congress, specifically the definition of a “machine gun” as set by lawmakers in 1934 and 1968. The case argued that ATF essentially rewrote the definition as set out by previous laws, something that was not in the agency’s power to do.
 
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