Category Archives: ATF Ruling

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

Recent arm brace ruling may impact those who received a tax-free amnesty form 1 approval

When those who applied for a tax-free amnesty form 1 registration pursuant to ATF Final Rule 2021R-08F began to receive approvals, I posted an article about the conditions noted on the approved forms. In that article, I predicted the listed … Continue reading

Posted in Administrative Law, AR Pistols, Arm Brace, ATF, ATF Ruling, Court Rulings, Form 1, Regulatory Rulemaking, SBR, Short Barreled Rifles, Stabilizing Brace, Tax Stamp | Comments Off on Recent arm brace ruling may impact those who received a tax-free amnesty form 1 approval