Skip to main content

SCOTUS To Hear Case That Could Curb ATF Overreach

Technically, the case revolves around overregulating the fishing industry, but it has huge ramifications for the ATF's unconstitutional firearm overregulation.

SCOTUS To Hear Case That Could Curb ATF Overreach

SCOTUS To Hear Case That Could Curb ATF Overreach (Scott Maxwell LuMaxArt/Shutterstock)

How is the National Marine Fisheries Service seeking to charge herring fishing vessels as much as $700 a day to monitor what they catch even vaguely related to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) redefining braced pistols as short-barreled rifles (SBRs)? That’s what the U.S. Supreme Court is set to determine. Last week, the high court announced it would hear the case Loper Bright Enterprises v. Raimondo, which revolves around the excessive powers usurped by various federal agencies over the past few decades. Representatives from the fishing industry say that even though a law passed by Congress allows for the monitors on herring boats, the agency is making up its own rules by forcing the owners of the boats pay for that monitoring.

The case seeks to limit or overturn the important ruling in Chevron v. Natural Resources Defense Council. That 1984 ruling set the precedent that if part of the law Congress wrote relegating an agency’s power is ambiguous but the agency’s interpretation is reasonable, judges should defer to the agency’s discretion. [EDITOR’S NOTE: Basically, in the case of firearms, when Congress writes vague laws due to a lack of understanding on how the gun industry operates, or due to a poor understanding of Founder’s intent regarding the 2nd Amendment, BATFE steps in to interpret how the new law can be enforced as Congress did not detail that information, or exactly what was banned. Congress is also to be blamed.]

“Chevron deference has proven corrosive to the American system of checks and balances and directly contributed to an unaccountable executive branch, overbearing bureaucracy and runaway regulation,” Ryan Mulvey, counsel with Cause of Action that represents the fishermen, said of the longstanding precedent. “These fishing families and all those seemingly living at the mercy of Washington deserve better.”

If making up rules that aren’t actually found in federal law sounds familiar, that’s because the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has become quite adept at doing just that, especially when directed to by an anti-gun president. Two recent examples, of course, are the recent “rules” redefining “firearms,” “receivers” and “frames,” along with the one redefining braced pistols as “short-barreled rifles” (SBRs).

In fact, ATF’s tendency to make laws rather than enforce them once again came under fire from Congress in a recent U.S. House Judiciary Committee Hearing that featured questioning of ATF Director Steven Dettelbach. In that hearing, many committee members intensively questioned Dettelbach about the recent pistol brace rule, which affected some 40 million lawful Americans.

“This is not a new issue, and the ATF and the entirety of the regulatory state continue to engage in illegal lawmaking,” Rep. Harriett Hageman, R-Wyoming, told the ATF director during the hearing. “You have repeatedly stated that the ATF only carries out the laws as passed by Congress, but that isn’t true.

“It’s a pretty scathing indictment of the ATF’s attempt to subvert the lawmaking authority of Congress by misinterpreting statutes so that an unelected bureaucrat can essentially alter the underlying statute and apply a new criminal prohibition.”

In the end, it’s seems rare that Second Amendment supporters would ever get very interested in a court case involving unfair fees levied on herring fishermen. But in this case, people with many different interests that are being overregulated by unelected bureaucrats bent on making their own laws will be watching with interest in anticipation of the ruling.


About the Author

Freelance writer and editor Mark Chesnut is the owner/editorial director at Red Setter Communications LLC. An avid hunter, shooter and political observer, he has been covering Second Amendment issues and politics on a near-daily basis for nearly 25 years.


If you have any thoughts or comments on this article, we’d love to hear them. Email us at FirearmsNews@Outdoorsg.com.




GET THE NEWSLETTER Join the List and Never Miss a Thing.

Recommended Articles

Recent Videos

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

Aero Precision M4E1 Pro Rifle

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

Dr. Dabbs Goes Ape! A Video Review of the Gorilla M1 Carbine from the Original Planet of the Apes!

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

Pioneer Arms .22 LR Trainer AK Rifle

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

Pioneer Arms GROM 7.62x39 AK Rifle

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Gear

Federal's “Punch” line of Personal Protection Ammunition

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

KelTec's new KSG410 and R50!

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Gear

Liberty Ammunition

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

Springfield Armory 9mm Saint AR15

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

Rock River Arms New ARs

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

MKS 10mm Hi-Point Pistol

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

Magpul FDP-9

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

Legacy Sports New Howa Rifles

Firearms News Magazine Covers Print and Tablet Versions

GET THE MAGAZINE Subscribe & Save

Digital Now Included!

SUBSCRIBE NOW

Give a Gift   |   Subscriber Services

PREVIEW OUR CURRENT ISSUE

Buy Digital Single Issues

Magazine App Logo

Don't miss an issue.
Buy single digital issue for your phone or tablet.

Get the Firearms News App apple store google play store

Other Magazines

See All Other Magazines

Special Interest Magazines

See All Special Interest Magazines

GET THE NEWSLETTER Join the List and Never Miss a Thing.

Get the top Firearms News stories delivered right to your inbox.

Phone Icon

Get Digital Access.

All Firearms News subscribers now have digital access to their magazine content. This means you have the option to read your magazine on most popular phones and tablets.

To get started, click the link below to visit mymagnow.com and learn how to access your digital magazine.

Get Digital Access

Not a Subscriber?
Subscribe Now

Enjoying What You're Reading?

Get a Full Year
of Guns & Ammo
& Digital Access.

Offer only for new subscribers.

Subscribe Now

Never Miss a Thing.

Get the Newsletter

Get the top Firearms News stories delivered right to your inbox.

By signing up, I acknowledge that my email address is valid, and have read and accept the Terms of Use