After the 2017 mass shooting in Las Vegas, President Donald Trump vowed to use executive power to ban bump stocks, a type of firearm accessory that the shooter reportedly used. The Department of Justice carried out Trump's wishes in 2018 by issuing a new Bureau of Alcohol, Tobacco, Firearms and Explosives rule "to clarify that [bump stocks] are 'machineguns' as defined by the National Firearms Act of 1934 and the Gun Control Act of 1968" because "such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger." Put differently, the federal government began to reinterpret the federal ban on machine guns to ban bump stocks too.
That unilateral executive action was promptly challenged in federal court. As part of its defense, the federal government invoked Chevron deference, a controversial legal doctrine which says that when the judiciary is confronted with an "ambiguous" statute, the default position is for the presiding judge to defer to the "reasonable" statutory interpretation favored by the federal agency charged with enforcing that statute.
"It is not the role of the executive—particularly the unelected administrative state—to dictate" the terms of criminal law, the 6th Circuit maintained. "Granting the executive the right both to determine a criminal statute's meaning and to enforce that same criminal statute poses a severe risk to individual liberty." According to the 6th Circuit, that risk is one of the reasons why judges have no business tipping the scales in favor of the executive in such cases. "Entrusting the interpretation of criminal laws to the judiciary, and not the executive," the court said, "mitigates that risk and protects against any potential abuses of government power."
This case began life as Gun Owners of America, Inc. v. Barr, reflecting the fact that Trump's attorney general held the reins at the DOJ at the time. It is now known as Gun Owners of America, Inc. v. Garland, reflecting both the change in presidential administrations and the fact that the Biden Justice Department is now the one defending Trump's sweeping use of executive power.
Original source: Federal Court Rules Against Bump Stock Ban | Populist Press 2021 ©
this at the time that pro-Hamas radicals are rioting around the country
Published: Thursday, April 25th, 2024 @ 8:01 am
By: John Steed
|
Pro death roundtable
Published: Wednesday, April 24th, 2024 @ 12:39 pm
By: Countrygirl1411
|
populist / nationalist anti-immigration AfD most popular party among young voters, CDU second
Published: Wednesday, April 24th, 2024 @ 11:25 am
By: John Steed
|
political scheme behhind raid on Mar-a-Lago
Published: Wednesday, April 24th, 2024 @ 9:16 am
By: John Steed
|
how many of these will come to North Carolina?
Published: Tuesday, April 23rd, 2024 @ 1:32 pm
By: John Steed
|
Barr had previously said he would jump off a bridge before supporting Trump
Published: Tuesday, April 23rd, 2024 @ 11:37 am
By: John Steed
|
Babis is leader of opposition in Czech parliament
Published: Tuesday, April 23rd, 2024 @ 10:28 am
By: John Steed
|
illegal alien "asylum seeker" migrants are a crime wave on both sides of the Atlantic
Published: Tuesday, April 23rd, 2024 @ 9:44 am
By: John Steed
|
only one holdout against acquital
Published: Tuesday, April 23rd, 2024 @ 9:01 am
By: John Steed
|
DEI now includes criminals?
Published: Monday, April 22nd, 2024 @ 8:33 pm
By: John Steed
|
Biden regime intends to force public school compliance as well as colleges
Published: Monday, April 22nd, 2024 @ 1:55 pm
By: John Steed
|
clamps down on oil drilling in Alaska
Published: Monday, April 22nd, 2024 @ 9:09 am
By: John Steed
|
plan put in place by Eric Holder
Published: Monday, April 22nd, 2024 @ 7:38 am
By: John Steed
|
prosecutors appeal acquittal of member of parliament in lower court for posting Bible verse
Published: Sunday, April 21st, 2024 @ 9:14 am
By: John Steed
|
Biden abuses power to turn statute on its head; womens groups to sue
Published: Friday, April 19th, 2024 @ 8:28 pm
By: John Steed
|
The Missouri Senate approved a constitutional amendment to ban non-U.S. citizens from voting and also ban ranked-choice voting.
Published: Friday, April 19th, 2024 @ 12:33 pm
By: Daily Wire
|