Author Topic: SCOTUS Declines to Overturn ATF Bump Stock Ban The Supreme Court of the United States declined Mond  (Read 281 times)

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SCOTUS Declines to Overturn ATF Bump Stock Ban

The Supreme Court of the United States declined Monday to overturn the bump stock ban that took effect in March 2019.

AWR Hawkins 3 Oct 2022

The Supreme Court of the United States (SCOTUS) declined Monday to overturn the bump stock ban that took effect in March 2019.

Firearms instructor W. Clark Aposhian filed the suit against the ban, questioning the Bureau of Alcohol, Tobacco, Firearms and Explosives’s (ATF) ability and authority to classify a bump stock as a machine gun.

Aposhian sued in 2019, seeking an injunction against the ban, but his case was not successful.

The case was appealed, and Courthouse News reported on May 7, 2020, that the United States Court of Appeals for the Tenth Circuit upheld the ban.

The Tenth Circuit’s opinion said, in part: “The [ATF] final rule determines that semiautomatic rifles equipped with bump stocks are ‘machineguns’ because they ‘function as the result of a self-acting or self-regulating mechanism that allows the firing of multiple rounds” through “a single pull of the trigger,” U.S. Circuit Judge Mary Beck Briscoe, a Bill Clinton appointee, wrote for the panel. “Applying Chevron [deference], the statutory definition of ‘machinegun’ is ambiguous, and ATF’s interpretation is reasonable.”

The case was then appealed to SCOTUS, and SCOTUS has left the ban in place.

Aposhian’s attorneys summarized the question presented in the appeal as the following:

Whether the court of appeals correctly determined that the district court did not abuse its discretion in denying petitioner’s request for a preliminary injunction in this challenge to a final rule interpreting the term ‘machinegun,’ 26 U.S.C. 5845(b), to encompass devices known as bump stocks, which permit users to fire a semiautomatic rifle continuously with a single pull of the trigger.

SCOTUS declined to overturn the ban.

With SCOTUS leaving the ban in place, the process of challenging the ban may have run its course. This means the ATF ban on bump stocks is likely here to stay.

The case is Aposhian v. Garland, No. 21-159, in the Supreme Court of the United States.
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Online Kamaji

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Did they appeal a denial of preliminary injunction, or a decision on the merits?
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Online Smokin Joe

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It remains that the trigger has to be pulled for each round discharged.

The bump stock (or other methods) only make that process of pulling the trigger more efficient.

So these rulings contain material errors in fact.

But this raises the question of a person who trained themselves to be highly efficient at pulling the trigger and who could cause the firearm to cycle closer to its theoretical maximum rate without any mechanical assistance: Would they be declared a "machine gun"? Have their hands/arms banned?

Here, the court has to either misrepresent the cycling of the firearm (ignoring fact) or ignore the definition of a "machine gun" in order to declare something something it is not.

That's a dangerous precedent to permit.
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