Bump Stock Court Ruling: ATF Can’t Call Them Machine Guns

Faye Higbee
bump stock

The US 6th Circuit Court of Appeals ruled on Thursday 2-1 that the ATF can’t call a bump stock a machine gun because it wasn’t a legislative move. The court stated that the 2017 ATF action was not approved by Congress, therefore it was likely unlawful. This same court ruled in March of 2019 that the ATF bump stock ban could be implemented.

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[Then] As of March 26, 2019, it is a federal felony offense to possess a bump stock. The Final Rule has no provision to grandfather or register devices already owned. Additionally, the grace period to surrender a bump stock to the ATF has passed, meaning your only option at this point would be to destroy all devices in your possession.


[Now] “It is not the role of the executive—particularly the unelected administrative state—to dictate to the public what is right and what is wrong,” stated Judges Alice Batchelder and Eric Murphy of the 6th U.S. Circuit Court of Appeals, who wrote the 2-1 majority opinion. “Granting the executive the right both to determine a criminal statute’s meaning and to enforce that same criminal statute poses a severe risk to individual liberty,” they added.

“Entrusting the interpretation of criminal laws to the judiciary, and not the executive mitigates that risk and protects against any potential abuses of government power,” the judges further said.

The judges also wrote that a bump stock cannot change a semi-automatic weapon into a fully automatic, select-fire machine gun.

“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,” the judges wrote. “With or without a bump stock, a semiautomatic firearm is capable of firing only a single shot for each pull of the trigger.”

Excerpts from the ruling via The Epoch Times

The Gun Owners of America, who filed the lawsuit that resulted in this ruling, was ecstatic that the judges correctly ruled on the issue. It comes at a time when different courts say different things, and the rights of gun owners are caught in a vice between them. Just the other day, the 9th Circuit Court ruled that carrying your firearm is not a right and can be restricted, as we reported.

For example, the Biden Administration is threatening Executive Orders to implement rigid gun control that would destroy the 2nd amendment no matter how much they claim it will not. The Press Secretary stated that the orders were currently “under review.” Let’s revisit this court’s ruling:

“Granting the executive the right both to determine a criminal statute’s meaning and to enforce that same criminal statute poses a severe risk to individual liberty.”

The Epoch Times

The President is an elected official, and his executive orders carry the weight of law. The ATF, on the other hand is a bureaucracy under the Executive branch, and according to the 6th Circuit Court, shouldn’t be making decisions such as banning bump stocks. But in fact, Biden’s “promise” to ban commonly owned firearms and magazines flies in the face of the Constitution, and also poses a severe risk to individual liberty. His “interpretation” of anything right now is a risk to the rights of all Americans.


Featured photo: Screenshot of bump stock via National Review

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