If High Court Hears Gun Case, It Could Gut Agency Deference

Law360 (September 3, 2019, 5:24 PM EDT) -- Just before Labor Day weekend, a petition for certiorari was filed in the U.S. Supreme Court that could turn out to be one of this coming term’s blockbuster cases.[1]

The case is Guedes v. Bureau of Alcohol, Tobacco, Firearms and Explosives.[2] It involves the legality of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives' new “bump stock” regulation, which prohibits the sale or possession of bump stocks. The obvious impetus for the regulation is the tragic murder of 58 people and the wounding of hundreds more at an outdoor concert in Las Vegas in 2017. The gunman used a bump stock...

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