“The ATF incorrectly maintains that the Final Rule is merely interpretive, not legislative, and thus not subject to the logical-outgrowth test,” writes Judge Jerry E. Smith. “The Final Rule affects individual rights, speaks with the force of law, and significantly implicates private interests. Thus, it is legislative in character. Then, because the Final Rule bears almost no resemblance in manner or kind to the Proposed Rule, the Final Rule fails the logical-outgrowth test and violates the APA.”
The U.S Government is not likely to win in the Fifth Circuit if prior cases, such as the bump stock case (Cargill v. Garland), are any indication. The ATF’s only chance of victory is through the United States Supreme Court, but even that is looking less likely.
