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

Practice Shooting Clays From A Variety Of Positions With Friends Smaller File
Practice Shooting Clays From A Variety Of Positions With Friends Smaller File

Are You Ready for Dove Season?

Dove season is upon us. Are you going to be the butt of the jokes on the dove field or the one ribbing your buddies?

Range Review: The Next Generation 2-Tone Taurus Judge Revolver

The latest version of the Taurus Judge incorporates features from the Raging Hunter series with a few unique touches of its own.

Mossberg 590S Shockwave X Federal Shorty Shells: A Backpacking Combo?

This Mossberg and Federal gun and ammunition combination is about as compact as you can get but can it do the job in the great outdoors?

First Look: Excalibur Crossbow Suppressor CRT

Excalibur Crossbow has expanded its Micro Series with the Suppressor CRT. A hunt-ready recurve crossbow, the Suppressor CRT promises ultra-quiet technology, compact maneuverability for utility in treestands and blinds, and durable simplicity without compromising performance.

Field Tested: BOSS Copper Shotshells

With bismuth and tungsten now being in short supply and extra-expensive, BOSS Shotshells switched to copper pellets for its waterfowl loads. What can you expect performance-wise from this new shot type? Read on.

Savings Aimed at Waterfowlers

Some of the industry’s finest are offering special promotions on shotshells designed for waterfowl season. Opening day arrives in a few short weeks, which makes the timing of these rebates ideal for hunters whose ammo inventory is a little light.

Interests



Get the best of American Hunter delivered to your inbox.