Part I in this series explained that Congress does not have a general police power. Part II added that Congress can seize property pursuant to its Commerce and Necessary and Proper Clause Powers. But the federal government cannot seize property if the requisite statutory authority exceeds Congress’s enumerated powers. Part III will extend this analysis to the Trump Administration’s ban on bump stocks.
In 2018, the Trump Administration announced that federal gun control laws would now be read to prohibit bump stocks. Previously, the Obama Administration determined that the National Firearms Act and the Gun Control Act did not prohibit bump stocks. The final rule was challenged in several courts. (I filed an amicus brief on behalf of the Cato Institute in Guedes v. Bureau of Alcohol, Tobacco).
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