ATF Admits It Lacked Authority to Issue Legislative Rule, NCLA Condemns the Agency’s Attempt to Ban Bump Stocks AnywayWashington, D.C., Sept. 18, 2019 (GLOBE NEWSWIRE) -- Congress has not prohibited bump stocks, but the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has made them illegal with a Final Rule issued without statutory authority. In a noteworthy development, ATF’s latest court filing admits that it lacked rulemaking authority under the Gun Control Act and National Firearms Act to issue a legislative rule. ATF thus now agrees with NCLA that the district court below was wrong on this point of law.
What's this mean?
An agency cannot create a regulation that contradicts existing legislation, and so the 10th circuit will overturn the ban.