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February 8, 2022
TFA joins federal litigation in 5th Circuit Court of Appeals over federal bump-stock ban |
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Litigation notes
On February 4, 2022, the Tennessee Firearms Association joined forces with Gun Owners of America by filing an amicus brief, a pleading commonly also referred to as a “friend of the court” pleading, in the case of Cargill v. Garland,
which is pending in the 5th Circuit Court of Appeals. Other
organizations joining in this filing include Gun Owners Foundation, Gun
Owners of California, Virginia Citizens Defense League, Arizona Citizens
Defense League, Grass Roots North Carolina, Rights Watch International,
Conservative Legal Defense and Education Fund and the Heller
Foundation.
The Cargill case was filed in 2019 to challenge the
authority of the BATF to adopt a regulatory definition which materially
expanded the definition of a machinegun which had been written by
Congress. For years, BATF interpretations had concluded that bump-stock
devices are not machineguns as defined by Congress. Then, after then
president Donald Trump reacted to the Las Vegas shooting, BATF suddenly
and completely changed course and redefined the congressional term
“machinegun” to include bump-stock devices.
At trial, the federal district court deferred to the BATF’s actions and a three judge appellate panel in the 5th Circuit agreed.
However, the entire panel of appellate judges in the 5th Circuit
decided to rehear the case over in what is referred to as an en banc proceeding where the appeal will now be heard and decided by all of the 26 federal judges in the 5th Circuit.
The
issues in the case are quite limited but yet federal courts across the
nation seem to be getting it consistently wrong. There are two issues.
First, is the question of whether a bump-stock fits the congressional
definition of a machinegun. Now, it is undisputed that prior to the Las
Vegas shooting and prior to Donald Trump directing BATF to ban bumpstocks,
BATF has pretty much consistently concluded that bumpstocks were not
machineguns and did not convert existing semi-automatic firearms into
machineguns. The only
thing that changed is that BATF suddenly changed its regulatory
interpretation of a term defined by Congress. Congress did not do
anything to change the meaning of what a machinegun is.
The
second issue in these cases is really one that goes to the very core of
our constitutional structure involving the three branches of government
and the separation of powers. This issue address the prohibition on a
federal administrative agency – such as BATF – or the executive branch
itself can by exercise of their limited constitutional powers exercise
powers that are given only to the legislative branch. The courts which
have looked at this issue relative to the bumpstock issue have largely
ignored that prohibition because applying it would mean that the
bumpstock ban by BATF is unconstitutional.
This is not the first
federal appellate case where TFA has gotten involved to fight for our
rights and it likely will not be the last. Each time TFA gets involved
in one of these cases it contributes as one of the amicus parties to the
legal fees and expenses of preparing and filing the federal pleadings.
You can help and we need your help. If you are a TFA member, consider a supplemental member donation
to help offset the third party expenses and costs of fighting in the federal
appellate system.
TFALAC Event
Finally,
the TFALAC (TFA’s political action committee) has set its annual BBQ
lunch and auction for Saturday, September 3, 2022 at the Farm Bureau
Expo Center in Wilson county, Tennessee. Please sign up as sponsors, vendors or purchase your tables and tickets. |
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Executive Director
johnharris@tennesseefirearms.com
Joining and supporting TFA is an investment in the
fight to restore our constitutional rights and to fight against politicians who
are willing to sell their votes and your rights to whichever business interest
gives them the most money!
TFA Website: www.tennesseefirearms.com
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