On September 7, 2021, the U.S. Navy-Marine Corp Court of Appeals unanimously ruled in U.S. v. Alkazahg, docket no. 202000087, that Private (E-2) Ali Alkazahg was erroneously convicted of possessing two unregistered machineguns - i.e. bumpstocks. In so holding, the court reviewed the background to the rulemaking that held that bumpstocks were machineguns, and correctly … Continue reading Bumpstocks Not Machineguns U.S. Navy-Marine Corp Court of Appeals Rules Unanimously
Tag: rulemaking
ATF Withdrawals Notice and Request for Comment Regarding Objective Factors for Classifying Weapons with Stabilizing Braces
In a shocking change of course - likely because it was in violation of the Administrative Procedures Act and former Attorney General Session's memorandum entitled Prohibition on Improper Guidance Documents - the ATF appears to be withdrawing its notice and request for comment on Objective Factors for Classifying Stabilizer Braces. The notice, which will likely … Continue reading ATF Withdrawals Notice and Request for Comment Regarding Objective Factors for Classifying Weapons with Stabilizing Braces
ATF to Institute Rulemaking/Guidance Regarding Stabilizing Braces and Require Registration of Currently Owned Braces
In a 16 page draft copy of proposed rulemaking/guidance specifying "Objective Factors for Classifying Stablizing Braces", the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has proposed entering into rulemaking to delineate the objective factors considered when "evaluating firearms with an attached stabilizing brace to determine whether they are considered firearms under the National Firearms … Continue reading ATF to Institute Rulemaking/Guidance Regarding Stabilizing Braces and Require Registration of Currently Owned Braces
Final Rule Banning Bumpstocks Published in Federal Register
This morning, the Final Rule banning bump-stock-type devices was published in the Federal Register. The Rule had been announced last week and just hours after being announced saw its first challenge filed by FICG on behalf of Damien Guedes, Firearms Policy Coalition, Firearms Policy Foundation, and the Madison Society Foundation. The Rule is set to take … Continue reading Final Rule Banning Bumpstocks Published in Federal Register
FICG Files Complaint and Motion for Preliminary Injunction Challenging ATF’s Final Rule on Bumpstocks
Earlier today, the Department of Justice released the approved Final Rule on bumpstocks. As was expected, the Rule alters the definition of the term "machine gun" (in the regulations pertaining to the Gun Control Act and National Firearms Act) to include the following language * * * For purposes of this definition, the term "automatically" … Continue reading FICG Files Complaint and Motion for Preliminary Injunction Challenging ATF’s Final Rule on Bumpstocks
Massive Comment Filed in Opposition to ATF’s Proposed Rulemaking Regarding Bump-Stock-Devices – ATF – 2017R-22
Firearms Industry Consulting Group ("FICG"), a division of Civil Rights Defense Firm, P.C., is honored to announce that Chief Counsel Joshua Prince and Attorney Adam Kraut drafted and filed a 923 page Comment in Opposition to ATF's proposed rulemaking on bump-stock-devices (docket no. ATF 2017R-22 ) on behalf of Firearms Policy Coalition ("FPC") and Firearms … Continue reading Massive Comment Filed in Opposition to ATF’s Proposed Rulemaking Regarding Bump-Stock-Devices – ATF – 2017R-22
FOIA Filed with ATF over Bump Stock Determinations
Today, Firearms Industry Consulting Group (FICG), on behalf of Firearms Policy Foundation ("FPF"), filed a, expedited Freedom of Information Act ("FOIA") request with ATF requesting copies of all prior determinations issued by ATF regarding the lawfulness of bump stocks. As the comment period only permits comments to be submitted until June 27, 2018 and in … Continue reading FOIA Filed with ATF over Bump Stock Determinations
ATF Publishes Notice of Proposed Rulemaking RE: Bump-Stock-Type Devices
Today the ATF published a Notice of Proposed Rulemaking regarding Bump-Stock-Type Devices. The comment period is open for 90 days, making comments due on or before June 27, 2018. The proposed rule would alter the definition of a machine gun in the regulations pertaining to the National Firearms Act (27 C.F.R. § 479.1, et seq.), … Continue reading ATF Publishes Notice of Proposed Rulemaking RE: Bump-Stock-Type Devices
Trump Signs Bill Reversing Obama Rule to Report Certain Social Security Recipients to NICS
Late last year, I blogged that the Social Security Administration published a final rule relating to the NICS Improvement Act of 2007. The final rule provided that: An individual will have been “adjudicated as a mental defective” if during SSA’s claim development and adjudication process, or when SSA takes certain post-entitlement or post-eligibility actions, SSA will identify … Continue reading Trump Signs Bill Reversing Obama Rule to Report Certain Social Security Recipients to NICS
Social Security Administration Publishes Final Rule Relating to NICS Improvement Amendments Act of 2007
It has been well reported that the Social Security Administration ("SSA") had been passing along information of individuals that it deemed unable to handle their financial affairs to NICS for the purposes of preventing them from purchasing a firearm due to being "adjudicated as a mental defective." In May of this year, the SSA published … Continue reading Social Security Administration Publishes Final Rule Relating to NICS Improvement Amendments Act of 2007
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