Bump stocks have suffered through a rough patch, but the much-maligned devices may be getting new life. Just a few months after the 10th Circuit Court agreed to rehear a bump stock case and the ATF dropped a set of bump stock charges, a federal court of appeals has ruled against the ATF’s decision to categorize bump stocks as machine guns.
The 2-1 decision was handed down from the United States Court of Appeals for the Sixth Circuit and granted a motion for preliminary injunction filed by Gun Owners of America and the Virginia Citizens Defense League.
Writing for the majority, Senior U.S. Circuit Judge Alice Batchelder argued that the ATF did not have the authority to criminalize millions of bump stock owners and that the agency’s application of the federal machine gun statute is improper.
SEE ALSO: Watch as 60,000 Bump Stocks Are Destroyed
“There is great risk,” she wrote, “if the responsibility of making moral condemnations is assigned to bureaucrats in the nation’s capital who are physically, and often culturally, distant from the rest of the country. Federal criminal laws are not administrative edicts handed down upon the masses as if the administrators were God delivering the Ten Commandments to Moses on Mount Sinai.”
The ATF had relied on a principle known as the Chevron deference doctrine when it made its unilateral decision to reverse course and declare bump stocks machine guns. This doctrine holds that the courts should defer to administrative agencies when a law is unclear as long as that interpretation is reasonable and Congress has not directly spoken on an issue.
But Judge Batchelder pointed out that the Chevron doctrine does not apply to criminal statutes. As the Supreme Court ruled in 2014, “we have never held that the government’s reading of a criminal statute is entitled to any deference.” (Emphasis in original.) Since the ATF’s decision made millions of Americans felons overnight, Chevron does not apply.
SEE ALSO: Court Rules No Compensation for Companies Forced to Destroy 75,000 Bump Stocks
Judge Batchelder also argued that the ATF’s application of the federal machine gun statute is improper. Federal law describes machine guns as those which fire with “a single function of the trigger.” Since the law refers to the trigger and not to the shooter’s trigger finger, bump stocks should not qualify as machine guns.
“A bump stock may change how the pull of the trigger is accomplished, but it does not change the fact that the semiautomatic firearm shoots only one shot for each pull of the trigger,” she wrote. “With or without a bump stock, a semiautomatic firearm is capable of firing only a single shot for each pull of the trigger.”
It’s important to note that the 6th Circuit’s decision does not by itself reverse the ATF’s interpretation. The three-judge panel of the 6th Circuit sent the case back to the District Court, which will determine how widespread the injunction will be. If the District Court applies it to the entire circuit, the injunction would only cover Kentucky, Michigan, Ohio, and Tennessee.
The federal government can also request the case to be heard by the entire 6th Circuit or it can appeal the decision to the Supreme Court.
It’s about your ability to enjoy freedom which shouldn’t be infringed unless you harm someone. Our political war has this objective.leave good people alone and keep them safe from bad people. We’re losing this political war and will soon choose whether we quietly allow ourselves to be chained or fight to be free.
blue dog pls re educate! Jefferson did feel that in urban areas that fire arms should be regulated in public places but never a restriction in the home or business. For some reason you and many people today fail to understand “shall not be infringed”. as the country grew and population became more dense. some safety restrictions made sense. Today most gun owners also believe this . i am not one of those, however the point can be made .
I can understand that concept as with population expansion comes problem expansion . ie more criminal,bad people,mental health issues,stupid people,etc. all of which are in huge concentrations in urban places today! Sometimes we even call them democrats…
Well I think everyone should burn their NRA card as these pukes never put up a fight for bump stocks.
I got rid of mine as I did not want to end up with a melted $300 paperweight.
But Judge Batchelder pointed out that the Chevron doctrine does not apply to criminal statutes. As the Supreme Court ruled in 2014, “we have never held that the government’s reading of a criminal statute is entitled to any deference.” (Emphasis in original.) Since the ATF’s decision made millions of Americans felons overnight, Chevron does not apply.
That states it all, a judge who is the neutrality of the lady of justice balancing the scales with a blind fold on, OUTSTANDING! Other words to the federal government you don’t get to make it up as you go along. Now if the rest of the judges could read the constitution in plain English instead of trying to interpret it for a political purpose we would be solid on the 2nd amendment instead of every day being a fight. But now people are figuring out the 1st amendment is being restricted and is in jeopardy along with the 4th amendment that Schumer wants to bypass.
So, where is the reimbursement for the bump stocks destroyed? Uncle Sam owes me about $400.
Blue Dog, I would like to make some comments toward the Las Vegas incident. After being an Army small arms armorer (91F) and a M1A1 Armorer Crewman (TC) (19K) for 10 years, the weapons used in that shooting were more than likely belt fed 7.62 x 51 (Win .308). I have spent HOURS on the range with these types of weapons and the audio signature is identical to the audio from Las Vegas. A bump fired AR-15, with a trained operator, will shoot about 950 rounds per minute (RPM). Most people are not trained well and the fire is erratic with stoppages. Furthermore, IF the shooter was using standard capacity 30 round magazines, it would take about 2.2 to 2.7 seconds to empty a magazine in simulated full auto bump stock fire if it was perfect with no handling stoppages. That is the thing about bump stocks, if they are not manipulated correctly, the weapon does not fire simulated full auto consistently. I use the word simulated, because the AR-15 is mechanically a semi-auto firearm and does not posses the full auto componentry that is require for genuine full automatic fire. To the point, if you listen to the audio of the LV shooting, there are segments of 7-10 seconds of sustained rhythmic fire indicative of a belt fed weapon. I do not care what the media showed on tv of an AR-15 with a drum mag and a bump stock. It might have been in the room, but the media always tells the truth…right? They show you what they want you to see to advance their narratives. One other point. It is impossible to stop all the bad and evil people in this world. We cannot read their minds or see into their souls. Bad and evil people will always do bad and evil things to other people regardless of weapon(s). The one question I have for you to ponder is: When Cain killed Able with a rock, did God blame the rock?
Well put. I tried to explain this same point as best I could in layman’s terms to someone who has obviously swallowed the liberal media narrative, hook line and sinker. I doubt we made a dent though, when certain people have their minds made up, they won’t be told, even by experts…..
I especially liked your Cain and Abel analogy.
It was a failed hit on the saudi prince…..the cell fone footage from the taxi driver shows multiple shooters if I remember correctly….Also bill coopers book BEHOLD A PALE HORSE “1991”states that our operation paperclip gov’t WILL use mentally ill people to shoot up school yards in order to get people to disarm themselves. ORION is the name of it I believe…..The feds later shot and killed him who by the way was an x naval intell officer”he also predicted 911 and who would be blamed 2 months b4 it happened”…..The old printing is in the $300.00 range now as the the new printing is edited and omits THE PROTOCALS OF THE ELDERS OF ZION section….imagine that
If it wasn’t for that deranged playboy in Vegas bump stocks would have been what they are today-a curiosity & a toy a lot like firecrackers-make a lot of noise burping a lot of bullets at once into a backstop (hopefully!)
I have seen people who dial in the means and methods of using them blow through a magazine of ammo like advertised but I suspect (myself included) the majority of us can’t make the darn things work or would not if we could considering it is a waste of expensive ammo for a 12 year olds mental thrill. They were a vastly inflated $10 piece of plastic when you could buy one and would be still if available.
FINALLY A JUDGE WITH EMPIRACLE KNOWLEDGE OF HOW A FIREARM IS DESIGNED TO FUNCTION AND KNOWS THE CORRECT DEFINITION OF A MACHINE GUN@ TOO BAD SHE IS ONLY ONE OF TWO, WHEN WE NEED THOUSANDS!!
Hey BLUE DOG! You’re a MORON! Now get your gun grabbing ass off this post. It’s for PRO-GUN PATRIOTIC AMERICANS. I also don’t like communists, progressive’s, liberal’s, left wing radicals like YOU on this place of honor. I also despise you insulting our true President Trump. If you don’t like America….GET THE F OUT OF OUR COUNTRY. Go live in a socialist country and see how it compares, Jackass!
This is not at all the kind of outburst I would expect from Thomas Jefferson, the founder of the Democrat party and first President to host an Iftar dinner. Members of Congress have been sworn in on his copy of the Koran, you know.
Both sides claim Jefferson as one of theirs. He didn’t easily fit on the modern left-right spectrum and his writing can be cherry-picked by both sides. He did not think women or persons of colour were fit for public service and he felt that widespread firearm ownership did not fit urban life and as the country grew and became more citified that the states and cities should place prohibitions (well-regulated?) on firearm possession in the home.
“Well-regulated” at the time meant well trained and ready. The best example contemporary to the time may be Federalist Number 6: “Sparta was little better than a well-regulated camp”. If you take the time to digest Federalist Number 46 you can see how easy it is to interpret “A well-regulated Militia, being necessary to the security of a free State,” as identifying the threat to liberty requiring that “the right of the people to keep and bear Arms shall not be infringed.” in order to preserve their liberty.
Hell yeah! Dismantle the tyranny of the trumputin administration one piece at a time!!
You can’t be serious
BEN, ARE YOU A REAL ASSHOLE OR DO YOU JUST COMMENT LIKE ONE?
Yeah, it was a real drag the Trump[ years with no new never ending war and no licking the boots of China but the weakest fake figured head Joe Biden will change all that.
I have a new device(patent pending) to replace the bump stock. It consists of a gerbil running around a wheel. Attached to the edge of the wheel is a short metal dowel. As the gerbil spins the wheel, the dowel depresses the trigger. Rate of fire is determined by the gerbil’s motivation. MSRP $39.95 -includes one gerbil.
(spare gerbils & gerbil motivating medium sold separately)
Let’s see the idiots declare gerbils to be machine guns!
The problem with that is people like Buttijudge are driving the fixed costs of gerbils up.
The Obiden administration has decided to wage open warfare against America’s legal gun owners. Where do I get my “I Will Not Comply” T-shirt?
The problem is our politicians, courts and law enforcement folks who do not abide by their oaths to our Constitution. Laws already exist that should result in their prosecuting all law breakers. IE. H Biden’s fraud in attaining a firearm for a start. OMG what was I thinking…….. if you’re a useful idiot you’re exempt from prosecution. We’re being played AMERICA; wake up.
“A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government.” – George Washington
The FBI testified under oath at several senate hearings and in the testimony they stated in Vegas NO BUMP STOCK WAS USED…none they also stated no bump stock has EVER been used in a reported Crime so …. also its not the bump stock ban in it self its the language used in the ATF decision it is so loosely written it could be interpreted as just about any accessory including any aftermarket trigger
No rifleman would consider using a bump stock because it serves no useful purpose. No military organization would consider issuing bump stocks either because they are counter productive. If anyone ever shoots at me with a rifle I hope it’s equipped with a bump stock so I have a better chance of survival.
If what you say is true, then why not ban bump stocks? If no true rifleman would use one, then why not keep them out of the hands of potential mass murderers? Are you basically agreeing with me?
The legal principles that are involved make the issue complex. I have shot semiauto, 3 round burst and full auto but never anything with a bump stock. Semi auto is proven accurate a long time ago. I was taught at USMCRD, San Diego and ITS, CP that full auto and three round burst are mostly designed defending a position that is being overrun by massive numbers and fire discipline is no longer the main concern.
Bump stocks seem inherently inaccurate to me but that is NOT a reason to ban a worthless item. What concerns me the most is what legal consequences have on all the case history argued to protect semiauto under the argument of common use. Of course, you must remember where the Demsheviks refused to cooperate and ban bumpstocks when Trump was POTUS, right?
Blue commy try to install a bump stock and fire it. I imagine it would be like watching a dog try to throw a football.
Actually, Blue Dog, what he is saying is the complete OPPOSITE from your opinion. If YOU truly want to diminish the effectiveness of mass murderers (as you imply), then you should advocate for the issuance of a bump stock with every semi-automatic rifle purchase.
Alas, it is increasingly apparent that you truly only care about confiscation and will make any claim that seems to support your confiscation beliefs.
Blue ,
You are ignorant . There is a distinct difference in the sound of bump fire and auto fire . I am guessing you never fired either and just assume a bump stock is bad based on false media reporting . Even auto fire was designed to suppress the enemy and not so much for accuracy . Maybe you should take some time to read up on facts before spewing BS
Intelligent rejoinder, re suppression vs. accuracy.
As in a group of black unmarked Suburbans appearing suddenly in front of the house.
Hmm…bumpstock or not, murder is still illegal, right? So more laws are gonna stop a criminal from commiting crimes? Maybe try some logic with your stupid soup.
I think its about time we stop with trying to rid the world/country of guns, ammo and everything else. The guns and bump stocks are not the problems and anyone in there right mind and honest heart would figure that out. For hundreds of years guns of all types have protected society. Think about it! Evil people are Evil people taking away any weapon will not change that. This type of guns and stocks help them you say? You can make bombs from household items, you can make weapons from home kept items, the demons will always be demons! The reason the Government wants to band the guns is not because of the killings, they know that’s not going to help. They want to take away are ability to stop the take over of our country without a fired shot. Just as these weapons have saved our country in the past, we will need them to do it again in the future. I don’t care who you are but if you can’t see what’s happening you better get new glasses. Don’t hate the guns, hate the action the killers take. Remember this, just as cars and trucks are used for the good of man kind, they also kill and I am sure the count is much higher.
As a DISABLED VIETNAM VETERAN WHO FOUGHT FOR OUR SECOND AMENDMENT. I AM DAM IF I WILL LET ANY PRESIDENT OR SENATORS OR CONGRESS PERSON . CHANGE A N Y. OF OUR WEAPONS, PARTS OF OUR WEAPONS. Or Weapons (( Gun)) Laws. WITHOUT GOING THREW THE PROPER CHANNELS. Next certain people will try to stopping AMERICANS from hunting threw the hunting laws set up BY Game wardens in every state of America. To hunt by the laws to feed there Self’s and there FAMILIES. The government can stop a lot of murders. Buy keeping people that murder ANYONE WITH ANY KIND OF WEAPON FROM EVER GETTING OUT OF PRISON FOR LIFE. JUST LIKE A COP KILLER THAT KILLED A POLICE OFFICER IN COLD BLOOD. WAS LET OUT OF JAIL. ANYONE THAT MURDERS A POLICE OFFICER MUST FACE THE DEATH PENALTY ASAP. THIS PERSON WAS JUST PUT ON THE BOARD IN NY ON DEFENDING OUR POLICE. THE GOVERNMENT IS PROTECTING PEOPLE THAT MURDERED SOMEONE WITH A GUN. THIS IS WHAT IS HURTING OUR GUN LAWS. GOVERNMENT PROTECTING MURDERS THAT SHOOT SOMEONE AND MURDERS A POLICE OFFICER OR ANY AMERICAN CITIZEN. AND ANYONE THAT IS NOT ALOUD TO HAVE ANY TYPE OF A WEAPON. THE GOVERNMENT MUST GO AFTER ALL GANG MEMBERS THAT ARE A FELON AND HAS A WEAPON ON THEM AND GIVE THEM 20 YEARS WITH NO PAROLE… BECAUSE WHEN THEY MURDER ANYONE OR ANYONE MURDERS ANYONE THESE SAME GOVERNMENT PEOPLE THAT WANT TO CHANGE OUR GUN LAWS AND TAKE OUR GUNS. ARE THE ONES THAT ARE LETTING MURDERS AND GANG MEMBERS OUT OF PRISON. THIS HAS TO 🛑 STOP. These same Government Officials and this PRESIDENT MUST SECURE OUR BORDERS. BECAUSE ALL THE DRUGS AND WEAPONS COMING INTO AMERICA RIGHT NOW. IS GOING TO BACK FIRE ON THEM FOR NOT SECURING OUR BOARDERS. BECAUSE LETTING THESE ILLEGALS AND MS13 INTO AMERICA. ALOT OF AMERICANS WILL BE MURDERED AND DIE FROM ALL THE HARD DRUGS GETTING INTO AMERICA AS OF THE FIRST DAY BIDEN GOT SWORN IN. ALL BECAUSE OF VOTES. AND EVERY TIME A PERSON GETS MURDERED BY A GUN. THESE SAME GOVERNMENT OFFICIALS WANT TO CHANGE OUR GUN LAWS AND TAKE ALL GOOD AMERICANS THAT BIDE BY OUR GUN LAWS. AND ALL AMERICANS THAT HUNT WITH THE SAME GUNS THESE. CROOKED GOVERNMENT OFFICIALS WANT TO TAKE AWAY. AND LIKE IT IS SAID ONLY CRIMINALS WILL HAVE GUNS. And by not securing our Boarders any person that gets murdered by any illegals or MS13 GANG MEMBERS. OUR PRESIDENT, VICE PRESIDENT MUST BE HEALD ACCOUNTABLE ASAP. START DOING WHATS REALLY HURTING AMERICA AND AMERICANS. AND LEAVE OUR GUNS ALONE. WEAPONS AS ALL COMBAT VETERANS CALL A GUN. A PROUD DISABLED VIETNAM VETERAN. THAT WILL FIGHT FOR OUR SECOND AMENDMENT EVERY SECOND OF THE DAY. GOD BLESS AMERICA ..
Blue Him Dog He, it seems that there is not a gun grabbing angle that you do not support. Everyone of your responses advocate for the weakening of the 2nd Amendment. While advocating for gun restrictions, you present yourself as a “gun owner”. Your drivel is NOT smart, NOT intellectually honest and NOT based in reason. You are, let’s be honest, a leftist gun confiscation advocate. No one that reads GunsAmerica wants to be lectured to by the left, especially given the resulting damage of the policies the left supports. Go hug a tree so you can feel good about yourself.
Blue Dog,
Bump stocks and pistol braces are accessories that have little to no impact on “lethality”. Even if they did make a weapon “more lethal”, they should still be fully available. Recognize that a firearm’s lethality is what protects us from murderers and tyrants.
With regard to the Las Vegas shooting, if people like you had their way, every implement used in a mass shooting would be banned outright. We’d be like the Brits in no time, limited to a rape whistle for self-defense.
Please consider the end result of your desire to ban bump stocks and pistol braces. The Left’s goal is the full and total disarmament of Americans, and giving them a bone will not stop their advance. Consider this “when the wolves are at your door, you’d be a fool to throw them meat and expect them to go away” – Guy Relford, The Gun Guy Show.
From one gun guy to another, happy shooting
This is why we have to take the time to do things right when finding solutions to gun violence. Executive orders aren’t meant to be used this way; it should take an act of Congress to get this done. Trump even screwed up when he was trying to do the right thing!
The Las Vegas Massacre proved how dangerous bump stocks are and that they should be banned too. We shouldn’t have to wait for the aftermath of a mass shooting tragedy to move forward for these kinds of solutions but tragically, we don’t have to wait too long between mass shootings for the next window of opportunity. I hope that Congress can act quickly and bravely to make the necessary changes on bump stocks – the right way!
Any way commonly used to cheat and turn an MSR into an fully-automatic assault rifle should be banned. The arm braces, too. If you really believe most of those are used to help people shoot AR pistols one-handed, then I have some fine Arizona swampland that may interest you.
Keep drinking the kool-aid blue dog. If you think the P.O.S. responsible for Las Vegas used a bump stock equipped weapon, you’re about as ignorant as they come. I served for 22 years and qualified with just about every select fire weapon in our military’s inventory, from the M-16 to the M2. If you LISTEN to the video, you’d hear he is using an automatic firearm. Don’t take my word for it, there are plenty of veterans experienced with automatic weapons that have the same opinion….
Isn’t the whole point of a bump stock to turn the rifle into effectively a full-auto? I understand the mechanical differences, that with a bump stock the rifle is bouncing around a little bit, but from a practical standpoint, how likely is it that a cell phone video recorded from a distance that an AR with a bump stock would sound recognizably different from an M16 with full auto or select fire capabilities? Did you qualify on an AR with a bump stock to know how different it sounds from a distance than the M16? These bump stocks are so dangerous, even a caveman like Trump gets it.
Blue Dog Dummy, when will nit wits like you come to realization that only Law Abiding persons follow the Laws, criminals by their very definition do not. I invite you to spend a week in the streets of Detroit to test this out.
Blue Dog: I am distressed that you selected your moniker from among one of the best internet commerce providers in the world. No part of anything you reflect is endorsed by the corporate ideals of Blue Dog, Inc. That said, let it be known that rubber bands and pants belt loops, when properly applied, will work the same way a bump stock works. Therefore I challenge you to put forward a petition to apply a law to make rubber bands and belt loops illegal and classify them as automatic weapons. In addition, it’s pretty obvious that you have never been assaulted by a criminal, armed or otherwise, or had your home robbed, or you would be less inclined to be anti-gun. Those of us who have been so attacked hold our safety and family welfare dearly and are willing to fight for it with impunity. You need to study history and learn from it. Especially European history from 1900 to 1960, Cuban history from 1940 to present, and Chinese history through the 1900’s. Pay attention to follows the confiscation of weapons of the common man.
It is actually very easy to tell by the sound of the rate of fire. For example, to a trained ear, it is very easy to tell the difference between a M-60 machine gun from a M-240B. The 240B has a much higher rate of fire and even sounds different. Likewise, I know regular customers that own bump-stock equipped firearms who fire them where I work. It is very easy to tell the difference.
Bottom line, the rate of fire on an automatic weapon is controlled by the trigger finger. On a bump-stock it is controlled (and I use the term “control” very loosely) by the support/weak arm. Very poor reliability and control to maintain the rate of fire. There are other techniques one can use to increase the rate of fire on a semi-automatic rifle, it still doesn’t make it a machine gun. Using Las Vegas to justify banning bump-stocks is not valid because a bump-stock wasn’t used.
What Trump did was executive overreach and completely unconstitutional, which is why it was over-turned by the 6th circuit. Passing a law or issuing an executive order does nothing to prevent a criminal or insane person from acquiring the means to carry out their attack on the law-abiding public. What happened in Boulder, CO. is a typical weekend in Chicago. The government needs to stop trying to under-arm or disarm the law abiding public for the actions of a relatively SMALL number of criminals or mental-deficients. AN ARMED PUBLIC IS MUCH SAFER THAN A UNARMED PUBLIC…..
Any and all devices that turn a semi automatic rifle or pistol into a fully automatic machine gun are already illegal! Bump stocks are no different than a Gatling gun from the 1870’s that used a crank handle to activate one shot at a time. Bump stocks are a novelty item that most people find to be nothing more than a way to waste ammunition. If you ever spent time behind an M-16 in the military you know the difference.
“Novelty item”. Tell that to the 60+ people killed and 400+ injured in Las Vegas. How different would it have been had he had a real M16? Simply put, these bump stocks turn the weapons of war that we are so eager to point out flood the streets of America in the millions into true weapons of mass destruction. Bump stocks are too dangerous to be out there in the hands of the public and to be totally frank, so are AR-15s and other MSRs.
The only thing you are more than blue is a dog. And I very much doubt the he/him part.
I realize where you’re coming from, blue dog, but you’re going about the issue all wrong. There is simply no way to “pass a law” and magically make crime disappear. The laws on what constitutes a gun are full of contradiction, and an ingenious nation can always find a way around them.
No attempt at passing a law to ban a specific feature of a firearm will actually prevent violence — your efforts will always be behind the 8-ball. I have watched the rhetoric to restrict firearms, and most of the ignorance used to sell this to a credulous public is comically absurd. Remember when a couple police officers were shot in their cruiser by a pistol, and Biden used that to say he wanted to restrict the nebulously vague “assault weapons”? Pepperidge Farm sure does. In fact, what the left is doing is making a joke out of the entire process, and violent crime is no joke.
I do not see a purpose in bump stocks, I would not want one for myself, as I have no need to lay down a suppressing fire, but a successful ban on them will not stop violent crime. That’s because criminals are what we ignorant folk like to call “criminals”, and as such, either feel laws do not apply to them, or seek to evade laws that inconvenience them. There are ways to reduce violent crime, and punishing non-criminals isn’t one of them — it simply creates criminals out of innocent people.
I realize this is a waste of time, nobody will be convinced, as there is money to be made, and votes to be had by pandering, but I find the left’s attempts at leveraging human tragedy for votes to be one of the most monstrous crimes of the 21st century.
Or maybe the NFA and subsequent GCA’s are the problem.
“A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government.” – George Washington