Bump Stocks are not Machine Guns. Sixth Circuit Court of Appeals

[color of law]

Conclusion

Consistent with our precedent and mandated by separation-of-powers and fair-notice concerns, we hold that an administering agency’s interpretation of a criminal statute is not entitled to Chevron deference. Consequently, the district court erred by finding that the ATF’s Final Rule, which interpreted the meaning of a machine gun as defined in 26 U.S.C. §5845(b), was entitled to Chevron deference. And because we find that “single function of the trigger” refers to the mechanical process of the trigger, we further hold that a bump stock cannot be classified as a machine gun because a bump stock does not enable a semiautomatic firearm to fire more than one shot each time the trigger is pulled. Accordingly, we find that Plaintiffs-Appellants are likely to prevail on the merits and that that their motion for an injunction should have been granted.
Therefore, we REVERSE the judgment of the district court and REMAND for proceedings consistent with this opinion.

https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0070p-06.pdf

 

[solus]

Thanks CoL, missed that news blurb...

 

[JTHunter2]

CoL - this is from the 6th but wasn't there another opinion from, IIRC, the 9th, that upheld the ban? Wouldn't that be likely to set up a review by the SC because of the directly opposed rulings?

 

[color of law]

CoL - this is from the 6th but wasn't there another opinion from, IIRC, the 9th, that upheld the ban? Wouldn't that be likely to set up a review by the SC because of the directly opposed rulings?

I believe two other appeal courts have found bump stocks to be machineguns.

 

[JTHunter2]

Thanks.

 

[color of law]

US Military Courts Rules Bump Stocks Are Not Machine Guns

A Military three-judge panel agreed with the defense, unanimously ruled that bump stocks do not meet the definition of a machine gun.

www.ammoland.com

https://www.ammoland.com/wp-content/uploads/2021/09/US-Military-Courts-Rules-Bump-Stocks-Are-Not-Machine-Guns.pdf

Well, if anybody knows what a machinegun is, I would think the military would.

 

[Firearms Iinstuctor]

Far more politics involved then facts.

 

[CJ4wd]

Far more politics involved then facts.

Isn't that frequently the case?

 

[color of law]

Well the En Banc court of the sixth circuit court of appeals upheld the lower courts decision. Bump Stocks are machineguns.
https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0279p-06.pdf

 

[Tucker6900]

Well the En Banc court of the sixth circuit court of appeals upheld the lower courts decision. Bump Stocks are machineguns.
https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0279p-06.pdf

Good thing I lost mine when I went on that boating trip.

 

[color of law]

Well it looks like the Supreme Court has thrown a wrench into 6th. circuit decision. Per West Virginia v. Environmental Protection Agency, 597 U.S. ___ (2022) the SC stated that:

A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body.

The Chevron U.S.A., Inc. v. Nat. Res. Def. Council, 467 U.S. 837, 842–43 (1984) doctrine has been curtailed.

The question is where in the law did congress give explicit authority to define what a machinegun is, a bump stock is or any other feature or item is. In effect, allowing the ATF authority to declare items outside the statutory definition of such item to be something that it is not.