Thursday, October 1, 2020

10th Circuit Rehearing Bump Stock Ban

 The Bump Stock ban has been challenged in the courts.  While the 10th Circuit ruled against us, an en banc hearing has now been scheduled concerning how to apply Chevron deference to the BATF's regulation.

What is Chevron deference

One of the most important principles in administrative law, The “Chevron Deference” is a term coined after a landmark case, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 468 U.S. 837 (1984), referring to the doctrine of judicial deference given to administrative actions.  In Chevron, the Supreme Court set forth a legal test as to when the court should defer to the agency’s answer or interpretation, holding that such judicial deference is appropriate where the agency’s answer was was not unreasonable, so long as the Congress had not spoken directly to the precise issue at question.  The scope of the Chevron deference doctrine is that when a legislative delegation to an administrative agency on a particular issue or question is not explicit but rather implicit, a court may not substitute its own interpretation of the statute for a reasonable interpretation made by the administrative agency.  Rather, as Justice Stevens wrote in Chevron, when the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency’s action was based on a permissible construction of the statute.
I think this is a good thing for us, but I cannot articulate why.

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