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NCLA Releases Video Telling Story of the Only Man in America Allowed to Keep His Bump Stock

April 3, 2019

Washington, DC, April 03, 2019 (GLOBE NEWSWIRE) -- Today, the New Civil Liberties Alliance released a video outlining the story of NCLA’s client, W. Clark Aposhian, the only man in America legally allowed to keep his bump stock. Mr. Aposhian, of Salt Lake City, Utah, is challenging the bump stock ban issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). NCLA believes ATF acted unlawfully and that only Congress, not administrative agencies, can write criminal laws such as the ATF’s rule banning bump stocks.

The U.S. Court of Appeals for the Tenth Circuit issued a temporary stay of the ban last month which only applies to Mr. Aposhian. The stay prevents the enforcement of the bump stock ban against him while the Court considers his Emergency Motion for Preliminary Injunction Pending Appeal.

Excerpts from the video:

“This case is not about bump stocks. This isn’t a case about whether bump stocks should or shouldn’t be regulated. This case is about who gets to write the law.”

“This case is a perfect example, unfortunately, of what we call the Administrative State. And what I mean by that is, this is a situation where we have an administrative agency, rather than Congress, trying to rewrite the law.” —Caleb Kruckenberg, Litigation Counsel at NCLA “I’m a proud American, and this is not the way things are supposed to be done in the United States. The American people have a deal with the government, that we know the laws and we obey the laws. But the very people that we expect to be examples of obeying the law, are not doing it. And we will hold them accountable.”—W. Clark Aposhian, Client

NCLA also filed a separate lawsuit with the U.S. District Court for the Western District of Texas on behalf of Michael Cargill, a resident of Austin, Texas who turned in his bump stock to the local ATF office while his case is pending before the court.

ABOUT NCLA

NCLA is a nonprofit civil rights organization founded by prominent legal scholar Philip Hamburger to protect constitutional freedoms from violations by the administrative state. NCLA’s public-interest litigation and other pro bono advocacy strive to tame the unchecked power of state and federal agencies and to foster a new civil liberties movement that will help restore Americans’ fundamental rights. For more information visit us online: NCLAlegal.org.

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-- W. Clark Aposhian

Judy Pino New Civil Liberties Alliance 202-869-5218 judy.pino@ncla.legal