Attorney Stephen Stamboulieh has filed a lawsuit in conjunction with gun writer David Codrea and two others against President Trump’s unconstitutional bump stock ban. Stamboulieh is the man behind a number of prominent gun rights cases such as Hawaii’s open carry lawsuit, Young v. Hawaii.
That makes four lawsuits in the works so far. Stamboulieh’s, two involving Adam Kraut and the Firearms Policy Coalition (one challenging the regulation and another challenging the acting AG’s authority to sign the new rule), and of course one from Gun Owners of America.
The NRA is still nowhere to be found in this fight. The only thing they’ve done is release a statement saying that they’re now somewhat, maybe, possibly against the ban after they were originally for it… twice.
In the complaint, Stamboulieh takes a similar tack against the acting AG’s authority.
Defendant acting Attorney General Whitaker’s appointment violated
28 USC § 508(a) as he was not the Deputy Attorney General when Attorney General Sessions resigned. 85.
Acting Attorney General Whitaker signed the Final Rule, and because his appointment is unlawful under § 508(a), the Final Rule is of no force and effect because acting Attorney General Whitaker has no authority to exercise the powers of the office he purports to hold.
Additionally, he points that there there has been at least one case where a the registry has been opened after the May 1986 deadline.
If the rule is allowed to be implemented, notions of fair play and justice demand that the Attorney General allow for an amnesty so as to register these devices as machine guns under the National Firearms Act. 18 U.S.C. §922(o)would allow the ATF to process these amnesty registrations “under the authority of” clause of §922(o). At least one machine gun was allowed to be registered after the May 19, 1986 cutoff in §922(o), and that proof was submitted to the ATF in the comment provided.
Again, as a NRA life member, I ask, where is their lawsuit? I understand that it takes time to prepare one, but they haven’t announced that they intend to file one. GOA gave advanced notice of their intention to file. Stamboulieh and Kraut did, too. We’ll be watching.