A Supreme court rulling could have an impact on firearm regulations.

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  • esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Everyone take a deep breath. That case (I know it well) does not do a thing. Under the Administrative Proc. Act, agencies have always been able to issue interpretative regs. without notice and comment. Substantive regs still have to be issued through notice and comment. Mortgage Bankers merely holds that agencies don't have to use notice and comment procedures to change an interpretative regs that was originally issued without notice and comment. In order for a regulation to have the force and effect of law, it must be 1. authorized by delegation of power from Congress and 2. issued after notice and comment. The ATF was using notice and comment here so that its regs would have the force of law.
     

    Overboost44

    6th gear
    MDS Supporter
    Jun 10, 2013
    6,637
    Kent Island
    Everyone take a deep breath. That case (I know it well) does not do a thing. Under the Administrative Proc. Act, agencies have always been able to issue interpretative regs. without notice and comment. Substantive regs still have to be issued through notice and comment. Mortgage Bankers merely holds that agencies don't have to use notice and comment procedures to change an interpretative regs that was originally issued without notice and comment. In order for a regulation to have the force and effect of law, it must be 1. authorized by delegation of power from Congress and 2. issued after notice and comment. The ATF was using notice and comment here so that its regs would have the force of law.

    Thanks for the clarification. At first it was like :omg: and then it was like :bannana:
     

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