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

Lead Photo 2
Lead Photo 2

Top 10 Rimfire Loads for Hunters

Phil Massaro loves rimfire rifles of all shapes and sizes, and enjoys the majority of rimfire cartridges available. Here is his top ten of the latter, in no particular order.

Tips for Waterfowl Hunters to Safeguard Against Bird Flu

The Michigan Department of Natural Resources (DNR) has issued a reminder for waterfowl hunters that applies throughout the nation. Following a few simple step can protect yourself and domestic animals from highly pathogenic avian influenza (HPAI), which is commonly known as bird flu.

EchoCore Suppressors Win Awards, Sign with Silencer Shop

In its first year of public evaluation, EchoCore Suppressors made an immediate impact at the 2025 Silencer Summit, taking first and second place in the 5.56mm category with its Sector 5.56 Full Size and Sector 5.56 Compact suppressors. On the heels of this, EchoCore has signed an exclusive distributorship agreement with Silencer Shop. 

New to the Flyway: Waterfowl Gear Roundup

Check out our roundup of the best of this season's waterfowl gear.

Chevron Commits $450,000 Wetland and Mottled Duck Conservation

Chevron recently continued its commitment to restoring and enhancing critical wetlands along the Louisiana coast by partnering with Ducks Unlimited (DU) to enhance private lands for waterfowl and other wildlife through the Louisiana Mottled Duck Project and the USA Rice-DU Rice Stewardship Partnership.

Behind the Scenes: Hard Truths of Conservation

Hard Truths tackles misconceptions about hunting and conservation, but these ambitious goals require filming in tough conditions and in remote areas alongside some of the world’s most dangerous wildlife.

Interests



Get the best of American Hunter delivered to your inbox.