Reason by Jonathan H. Adler 4/25/2023
A three-judge panel concludes that bump stocks cannot be considered machine gun parts under the rule of lenity.
Today, the U.S. Court of Appeals for the Sixth Circuit decided Hardin v. BATF, concluding that a bump stock is not a machine gun "part" prohibited under federal law. Judge Gilman wrote for the court, joined by Judge McKeague. Judge Bush concurred in the judgment.
Here's how Judge GIlman summarizes the court's conclusions:
The placement of a bump stock on a semiautomatic rifle causes the rifle to function essentially like a machinegun by dramatically increasing the rate of fire. And the possession of a machinegun is a criminal offense under the Gun Control Act of 1968. This raises the question of whether a bump stock is a machinegun "part" as defined by the National Firearms Act of 1934. The question is a close one on which reasonable jurists have disagreed, a disagreement caused by ambiguities in how the applicable statute defines the term "machinegun."
More:
https://reason.com/volokh/2023/04/25/sixth-circuit-panel-rejects-bump-stock-ban-again/
