SCOTUS Annuls ATF Rule on Bump Stocks

by
posted on June 20, 2024
** When you buy products through the links on our site, we may earn a commission that supports NRA's mission to protect, preserve and defend the Second Amendment. **
Supreme Court Building

Last Friday, the U.S. Supreme Court held that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) unlawfully exceeded its authority by classifying bump stocks as machineguns.

The National Firearms Act defines a “machinegun” as “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger,” including any “part designed and intended solely and exclusively . . . for use in converting a weapon into a machinegun.” The ATF long classified bump stocks—which enable rapid fire with semiautomatic firearms while still requiring multiple functions of the trigger—as non-machineguns. But in 2018, the ATF reversed course and promulgated a rule altering the statutory definition of “machinegun” and declaring that bump stocks are machineguns.

The Supreme Court held that the NFA’s definition of “machinegun” clearly does not cover bump stocks, and thus that the ATF exceeded its statutory authority by classifying bump stock as such. Bump stocks, the Court determined, are not machineguns because (1) they do not enable semiautomatic firearms to fire more than one shot “by a single function of the trigger,” (2) and even if they did, the firearm would not be firing “automatically.” Rather, the Court explained, “[a] bump stock merely reduces the amount of time that elapses between separate ‘functions’ of the trigger.”

“The Supreme Court has properly restrained executive branch agencies to their role of enforcing, and not making, the law,” said NRA-ILA executive director Randy Kozuch. “This decision will be pivotal to NRA’s future challenges of ATF regulations.”

The ruling makes clear—as Justice Alito emphasized in a concurring opinion—that only an act of Congress—not an ATF rule—can prohibit bump stocks. In addition to reining in the ATF’s unlawful rule, the Cargill ruling will help ensure that future unelected government officials cannot ban firearms and accessories by administrative fiat. The ruling also casts doubt on recent ATF rules—including the “pistol brace,” “frame or receiver,” and “engaged in the business” rules—in which the ATF contradicts Congress’s explicit statutory language. 

Latest

Scott Olmsted
Scott Olmsted

Says You: Trail Camera Overkill?

Editor-in-Chief Scott Olmsted's monthly response column to questions posed by our members. This week, we're discussing mountain lions, poaching and trail camera use.

New for 2026: Trijicon SRO Green Dot

Trijicon has announced a 2.5 MOA, Green Dot version of the SRO reflex sight. The new model will be available in Black and Coyote Brown anodized finishes.

More Than $6.6 Million in Tribal Wildlife Grants to Advance Conservation

The U.S. Fish and Wildlife Service (USFWS) is awarding more than $6.6 million to federally recognized Native American and Alaska Native tribes to benefit fish and wildlife resources and their habitats. This year’s funding will support 35 tribes for conservation projects across 15 states, benefiting a wide range of wildlife and habitat, including species of cultural or traditional importance to Indigenous communities.

Hardware Review: TriStar KR.22

TriStar is noted for shotguns, but Bryce Towsley recently received a test gun from them that’s much different. Check out his review on the TriStar KR.22.

New for 2026: Browning Trail Cameras' Security Tree Strap

Browning Trail Cameras has released a Security Tree Strap, a durable and dependable mounting solution to keep trail cameras in place in nearly any environment.

Proof Research Introduces PXT Rifle Barrel Technology

Proof Research has launched Proof Exponential Twist (PXT), an advancement in rifling that promises to improve durability, accuracy and shootability. Further, Proof has backed this new technology with extensive military testing and research. Engineered to meet the demands of modern high-pressure ammunition, PXT is billed as delivering longer barrel life, improved consistency and enhanced performance.  

Interests



Get the best of American Hunter delivered to your inbox.