Category Archives: Administrative Law

Understanding the status of forced reset triggers in Virginia

In an agreement between the government and Rare Breed Triggers, announced Friday May 16th, 2025, the Department of Justice agreed that the Bureau of Alcohol, Tobacco, Firearms and Explosives overstepped its authority in reclassifying forced reset triggers (FRTs) as machine … Continue reading

Posted in 2A, Administrative Law, ATF, ATF Ruling, BATFE, Court Rulings, Forced Reset Triggers, Machine Guns, Regulatory Rulemaking, Virginia Law | Comments Off on Understanding the status of forced reset triggers in Virginia

Supreme Court strikes down ATF bump stock reinterpretation

In a 6 to 3 decision, the Supreme Court has dealt yet another blow to the ATF’s rampant administrative overreach. In the case of Garland v. Cargill, embedded below, the court ruled that, despite the emotional pleas underlying the push … Continue reading

Posted in Administrative Deference, Administrative Law, ATF, ATF Ruling, Bump Fire Stocks, Court Rulings, Machine Guns, US Supreme Court | Comments Off on Supreme Court strikes down ATF bump stock reinterpretation

District Court grants summary judgment in case challenging ATF arm-brace rulemaking

Today the United States District Court for the Northern District of Texas granted summary judgement in favor of the plaintiffs (gun owners) in the case of Mock v. Garland. As you may remember, this was a suit challenging the ATF … Continue reading

Posted in 2021R-08F, 2A, Administrative Deference, Administrative Law, AR Pistols, Arm Brace, ATF, ATF Ruling, BATFE, Court Rulings, Federal Court, Fifth Circuit, Regulatory Rulemaking, Stabilizing Brace, Tax Stamp | Comments Off on District Court grants summary judgment in case challenging ATF arm-brace rulemaking

Important Supreme Court decisions that are expected by the first week of July

The clock is ticking down for several key Supreme Court cases that impact the firearms community. The first of these cases is United States v. Rahimi which concerns the constitutionality of 18 U.S.C. § 922(g)(8), a federal law that prohibits … Continue reading

Posted in Administrative Deference, Administrative Law, ATF Ruling, BATFE, Bruen Decision, Bump Fire Stocks, Court Rulings, Domestic Violence, Due Process, Federal Court, Federal Law, Machine Guns, Prohibited Persons, Regulatory Rulemaking, SCOTUS, Second Amendment | Comments Off on Important Supreme Court decisions that are expected by the first week of July

It is finally possible to use the NICS appeal process for NFA denials

While those of us in the legal community have been helping clients file NICS Appeals and Voluntary Appeal File Applications since their inception, they were not designed with NFA applications in mind. In fact, since July 13, 2016, when the … Continue reading

Posted in 41F, Administrative Law, ATF, ATF Ruling, Background Checks, BATFE, FBI, NFA Denials, NFA Open Disposition, NFA Transfers, NICS, Prohibited Persons | Comments Off on It is finally possible to use the NICS appeal process for NFA denials