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Judge orders ATF to return last ‘legal’ bump stocks
New Jersey

Judge orders ATF to return last ‘legal’ bump stocks

The last “legal” bump stock is set to be returned to its owner this month after the Biden administration failed in its latest attempt at gun control.

In response to a Supreme Court decision overturning a ban on the device by the Bureau of Alcohol, Tobacco, Firearms and Explosives, a federal district court judge ordered the device returned to Clark Aposhian, the Utah resident who sued and won against the agency.

Sheng Li, litigation counsel for the New Civil Liberties Alliance, which brought the case to court for Aposhian, said her client voluntarily surrendered his bump stocks to the ATF on the condition that he would get them back if he won the lawsuit to overturn the ban.

This technically means that it is the last “legal” device in America since the ATF ordered the destruction or surrender of other devices.

He plans to go to the ATF office in Salt Lake City and pick it up later this month.

“It has a certain symbolic effect,” Li said.

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They won their case when the Supreme Court agreed that federal agencies cannot make laws and regulations that Congress should make. The case has implications for other gun control measures by President Joe Biden’s ATF, such as the ban on “pistol holsters” on AR-style rifles.

“If self-government means anything, it must mean that only our elected officials can write criminal laws. Mr. Aposhian’s original appeal to the 10th Circuit and his subsequent trip to the Supreme Court illustrated the numerous problems with Chevron Respect and his case likely helped convince the justices that this doctrine must be thrown out, even though they denied leave to appeal. But the most important lesson from Mr. Aposhian’s willingness to stand up for his civil rights is that bureaucrats at the ATF and other federal agencies do not have the authority to write or reinterpret rules that restrict more freedoms. That is why this is a glorious victory for all freedom-loving people,” said Mark Chenoweth, President of the NCLA.

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