This story won’t go away. Ever since NCLA ran their press release claiming the federal government admitted in a filing in the Aposhian case that they didn’t have the lawful authority to “legislate” the bump-fire ban, the “wonderful news” keeps showing up in blogs, forums, and news sites.

First, the story did originate with the NCLA. That was your first tip to take it with a grain of salt. You may recall that they also claimed that Aposhian was the only man in America allowed to keep his bump stock. That was… incorrect. It was almost as if they were completely unaware of the Guedes et al and Gunowners of America cases. I, and many other people, tried to get them to fix that statement. They informed me that a statement correcting it that would be released.

It wasn’t, at least as of this writing, six months later.

As for this claim… read the filing for yourself. What the federal attorneys said was, We did not arrogate Congressional power to legislate. We used our Congressionally delegated power to interpret the NFA’s language to establish rules; the ‘power to fill up the details’.

Please stop passing NCLA’s mischaracterization around.

[Permission to republish this article is granted so long as it is not edited, and the author and The Zelman Partisans are credited.]