VICTORY: Court Rules Bump Stock is NOT a Machine Gun
Springfield, VA –?Today, the U.S. Court of Appeals for the Sixth Circuit reversed the district court’s decision, which had denied GOA’smotion for a preliminary injunction to prevent ATF from implementing a final rule incorrectly classifying bump stocks as machineguns under federal?law.
This case was brought by Gun Owners of America (GOA), Gun Owners Foundation (GOF), the Virginia Citizens Defense League (VCDL), Matt Watkins, Tim Harmsen of the Military Arms Channel, and GOA’s Texas Director, Rachel Malone.
“Today’s court decision is great news and told gun owners what they already knew,” said GOA Senior Vice President Erich Pratt. “We are glad the court applied the statute accurately, and struck down the ATF’s illegal overreach and infringement of gun owners’ rights.”
“Chevron deference does not apply to agency interpretation of criminal statute thus court does not need to decide whether agency can waive chevron deference therefore court must determine BEST MEANING of the statute the “statutory context” of “single function of the trigger” “weighs heavily in Plaintiff-Appellants’ favor” adopt our position that it “refers to the mechanical process”
Pratt added that the court understood our argument when they included in the opinion that: “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.”
“With or without a bump stock, a semiautomatic firearm is capable of firing only a single shot for each pull of the trigger and is unable to fire again until the trigger is released and the hammer of the firearm is reset.”
RIGHT NOW BUMP STOCKS ARE NOT YET LEGAL
There is an order reversing the district court’s decision telling the lower court that it should have granted our injunction, ordering it to issue an injunction, HOWEVER GOA’s attorneys are to brief the scope of the injunction to the district court no matter what the district court decides as to the scope of the injunction, “the scope may not exceed the bounds of the four states within the Sixth Circuit’s jurisdiction?and, of course, encompasses the parties themselves.”
Erich Pratt, or another GOA spokesperson, is available for interviews. Gun Owners of America is a?grassroots nonprofits?dedicated to protecting the right to keep and bear arms without compromise. For more information, visit GOA’s?Press Center..