Bump Stocks Are Not Machine Guns, Sixth Circuit Rules

Bump Stocks Are Not Machine Guns, Sixth Circuit Rules

The appeals court held the classification of bump stocks as machine guns under federal law in the wake of the 2017 mass shooting in Las Vegas should not be enforced. A bump stock is attached to a semiautomatic rifle at the Gun Vault store and shooting range in South Jordan, Utah, in 2017. (AP Photo/Rick Bowmer) CINCINNATI (CN) — A divided appeals court panel ruled Thursday that several gun rights groups should have been granted an injunction against the enforcement of an ATF rule that defines bump stocks as machine guns and makes it a felony offense to possess one. The rule, adopted in the aftermath of the 2017 shooting of concertgoers in Las Vegas, criminalized possession of the rapid-fire gun attachments used to increase the rate of fire of semiautomatic weapons. A federal judge denied Gun Owners of America’s motion for a preliminary injunction in March 2019, and determined the the Bureau of Alcohol, Tobacco, Firearms and Explosives’ rule was entitled to Chevron deference. Established after a U.S. Supreme Court ruling in the 1984 case Chevron USA Inc. v. Natural Resources Defense Council Inc. , the doctrine holds that a court may not substitute its own opinion in the place of a reasonable interpretation made by an administrative agency. The case was argued before the Sixth Circuit in December 2019, and Thursday’s decision comes on the heels of several mass shootings in the United States. Most recently, police say a suspect in Colorado killed 10 people inside a […]

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