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

Decoy Spread
Decoy Spread

7 Sure-Fire Ways to Fail When Hunting

Looking to come home from the field empty-handed? Simply follow one or more of these avenues to failure.

First Look: Radians Outdoor's Heated Mossy Oak Bottomland Apparel

Radians Outdoors is cranking up the warmth this season with new heated gear in Mossy Oak Bottomland, the legendary camouflage pattern trusted by hunters for more than 35 years.

5 Black Friday Sales for Hunters

Looking for some hunter- and outdoorsman-focused sales as we swing into the holiday season? Look no further than the great sales and deals going on at the retailers below.

Hardware Review: Riton 5 Primal 3-18x50mm

Check out Frank Melloni's Hardware Review on the Riton 5 Primal 3-18x50mm.

Duck Hunting Haven: Conservation in Colonsay

Delta Waterfowl’s mission is on full display during a hunt for ducks, geese and cranes in Colonsay, Saskatchewan.

Hunter Missing 20 Days Found Alive

Sixty-five-year-old Ron Dailey, of Selma, Calif., was found alive on Nov. 1 after spending 20 days and nights stranded alone and cold in the Sierra National Forest. What began as a one-day deer hunting trip that began on Oct. 13 turned into a life-and-death situation after a series of mishaps while driving to his destination.

Interests



Get the best of American Hunter delivered to your inbox.