Monday, December 7, 2020

Tom Gresham Speaks with Clark Aposhian on the Larger Importance of his Bump Stock Law Suit

On yesterday's Gun Talk Radio, Tom Gresham's first guest was firearms instructor Clark Aposhian, who has a law suit pending in the 10th Circuit Court of Appeals challenging the Trump Administration's bump stock ban. 

Aposhian filed a lawsuit last January challenging the bump stock ban, arguing that outlawing the shooting accessory was unconstitutional because it amounts to the executive branch rewriting laws, a job reserved for Congress. He had asked a Utah federal judge to press pause on the ban while his lawsuit played out, but she ruled he did not show “a substantial likelihood of success” on the merits of his lawsuit.

A three judge panel of the 10th Circuit Court of Appeals made a similar decision in May, ruling he did not show he was likely to win his case or that the ban would hurt the public's interest.  His attorney's appealed that decision and asked for an enbanc review by the full court, which has been granted.  During yesterday's program, Aposhian discussed the larger inplications of his suit on gun rights in general and that this isn't just about bump stocks.

No comments: