Court Rules A Bump Stock Is Not A Machine Gun

BY Herschel Smith
3 years ago

GOA.

Springfield, VA – Today, the U.S. Court of Appeals for the Sixth Circuit reversed the district court’s decision, which had denied GOA’s motion for a preliminary injunction on bump stocks. Gun Owners of America is seeking an 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.

Dave Hardy has additional details.

“Notwithstanding the ATF’s frequent reversals on major policy issues, we understand that the Court would consider the bureaucrats at the ATF as experts in firearms technology. But that technical knowledge is inapposite to the question of what should be criminally punished and what should not.”

“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.”

Here is the ruling.  Occasionally a court gets it right.  One may suppose that the DoJ/ATF knew the weakness of using executive orders to supplant federal law.  Any case that has hinged on ownership of a bump stock should now be appealed.


Comments

  1. On March 26, 2021 at 8:07 am, Fred said:

    Donald J. Trump’s bump stock ban.

  2. On March 26, 2021 at 9:34 am, JR said:

    Herschel, I wrote a term paper on the ban in 2018 for my Admin Law class (I’m a politics PhD student). GOA has had a great strategy all along: highlight the absurdity of ATF’s redefinition of “actuation of the trigger,” which in turn highlights the absurdity of “Chevron deference” (a Scalia legacy, sadly). If the courts will defer to the admin agencies when the make obviously nonsensical decisions, maybe we need to return to the era of greater court scrutiny of admin. Of course, as you note, the court is unreliable. The whole admin structure is against the political philosophy of the founding. What we really need is a total restoration and revival in our country, but this little case is at least a change from worse to better.

  3. On March 26, 2021 at 11:11 pm, Georgiaboy61 said:

    The end-result of the Las Vegas incident was that then-POTUS Donald Trump unilaterally banned bump-stock devices by executive order. However, it might be worth revisiting the event itself and the aftermath, since both tell the discerning viewer a great deal about how the deep-state and how it operates, in particular the justifications it uses to lie to the public, or simply withhold information from them all together.

    Here’s the Wikipedia entry on the Las Vegas incident of 2017:

    “On the evening of October 1, 2017, Stephen Paddock, a 64-year-old man from Mesquite, Nevada, opened fire upon the crowd attending the Route 91 Harvest music festival on the Las Vegas Strip in Nevada. Between 10:05 and 10:15 p.m. PDT, he fired more than 1,000 rounds of ammunition from his 32nd floor suites in the Mandalay Bay Hotel, killing 60 people[a] and wounding 411, with the ensuing panic bringing the injury total to 867. About an hour later, Paddock was found dead in his room from a self-inflicted gunshot wound. His motive remains officially undetermined. ”

    That’s the officially-sanctioned version which came out of the MSM-propaganda mill for the deep-state, but there were so many holes in the official story that it resembled Swiss cheese before too long. In no particular order, here are some of the anomalies, questions and inconsistencies which have arisen….

    – Giant resort hotels like the Mandalay Bay in Las Vegas generally have state-of-the-art security systems, including dozens (perhaps hundreds) of close-circuit TV cameras inside and out, in public spaces; a team of full-time security staff; a security command center which is manned 24-hours a day, 365 days a year; and often armed security pros (armed security guards) or even an armed security team on call. Access is controlled and guarded, particularly during evening and night-time hours. Guests are issued digitally-coded key-cards, and visitors are not permitted to enter unless they check in at the front desk with security.

    These are just some of the measures which these resorts have put in place, not just as protection from acts of terrorism, but from the threat of armed robbery, given the volume of currency moving through the resort, in particular through its gambling-gaming operation.

    Given this level of comprehensive security, how was one man – the alleged perpetrator, 64-year old Stephen Paddock – able to move his armory into place in his room, without being seen? Paddock’s room was alleged to have resembled an armory -multiple weapons, large stocks of ammunition, tactical gear, etc. The official account claims that he moved the weapons into the two rooms over a period of 4-5 days using a series of suitcases, fourteen in all – which hotel bellmen helped transport.

    His armory included fourteen AR15 rifles, all of which were alleged to have been bump-stock-equipped, plus eight AR10 rifles, a bolt-action rifle, and a handgun, for a total of 24 firearms. Plus sufficient ammunition, mags, etc. for each.

    The idea that this much ordnance was moved to his rooms without arousing any suspicion whatsoever strains credulity to the breaking-point.

    – As the firing upon the country music festival was being done, multiple witnesses downrange of the muzzles of the weapons being fired were able to see quite clearly the muzzle flashes of the weapons, the number of weapons being fired, their location relative to the ground; they were also able to hear the aural signature of the weapons being fired, i.e., how they sounded.

    Many of the eye-witnesses at the music festival were current or former military, and a substantial number were combat veterans intimately familiar with the kind of small-arms Pollack was alleged to have used. These onlookers reported not one shooter, but multiple ones, engaging targets from different floors and different locations within the resort structure. Including locations nowhere near nowhere near Pollack’s 32nd floor rooms, 32-134 and 32-135.

    A bump-stock equipped carbine or rifle, an AR15, produces a machine-gun like effect when used correctly, but to someone used to hearing genuine select-fire weapons in operation, especially the kind of individual and crew-served automatic weapons used by the military, the difference is one between night and day. The weapons used against the country music festival-goers were – according to these witnesses, consistent with the aural and visual signatures of military-grade select-fire weapons, including crew-served weapons like the M249 LMG SAW (squad-automatic weapon) – and not the kind of civilian technology to which Paddock had access.

    – When that many rounds are fired, the noise, smoke and debris generated are considerable, not just down-range, but in the vicinity of the weapon and the operator. Yet, eye-witnesses who saw the rooms afterward, the alleged firing site, they commend on how relatively pristine and clean they looked. After such sustained fire, heavy smoke in the air, hundreds of spent cases, debris of various kinds, the detritus of a war zone, would have been expected. That’s not what was seen by the first people to arrive on the scene.

    – If the evidence was so compellingly against Stephen Paddock and this was such an open-and-shut case, why did the FBI fly in and immediately “big-foot” the proceedings, slapping a gag order on local LE officers and their leaders. Yes, federal involvement in such an alleged crime would be expected – that isn’t the point. The point is that their behavior was not consistent with people who were being transparent in their behavior. It was consistent with people who had something – or someone – to hide.

    And how convenient that the alleged perp, Mr. Paddock, “committed suicide” and thereby could tell no tales to incriminate his masters! In a conspiracy, all loose ends are trimmed or tied off.

    It later came out that Saudi billionaire and jihadist supporter Prince al-Waleed Bin Talal, and some of his associates, had been renting out the uppermost floors of the resort hotel at the time of the incident, and some sources speculated that some sort of arms-deal-gone-wrong had happened. Or maybe it was the Muslims being the Muslims, yet again.

    What the real story happens to be, we the people can be pretty well certain that the official version wasn’t the truth, the whole truth and nothing but the truth. Our betters no longer feel an obligation to tell us the truth, and since the public has swallowed these cock-and-bull fairy tales with such apparent unconcern, they intent to keep right on lying to the electorate, day after day, year after year.

    Yet, so insulted and ignored, we proles out in flyover country continue to pay their generous salaries and benefits without complaint….wow. As they say in Chicago, if you have to ask who the mark is, it is probably you!

RSS feed for comments on this post. TrackBack URL

Leave a comment


You are currently reading "Court Rules A Bump Stock Is Not A Machine Gun", entry #27183 on The Captain's Journal.

This article is filed under the category(s) Gun Control and was published March 25th, 2021 by Herschel Smith.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (704)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (40)
Air Power (10)
al Qaeda (83)
Ali al-Sistani (1)
America (22)
Ammunition (277)
Animals (285)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (373)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (86)
Assassinations (2)
Assault Weapon Ban (28)
Australian Army (7)
Azerbaijan (4)
Backpacking (3)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (219)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (3)
Blogs (24)
Body Armor (23)
Books (3)
Border War (18)
Brady Campaign (1)
Britain (38)
British Army (35)
Camping (5)
Canada (17)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (16)
Christmas (16)
CIA (30)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (3)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (218)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (210)
Department of Homeland Security (26)
Disaster Preparedness (5)
Distributed Operations (5)
Dogs (15)
Donald Trump (27)
Drone Campaign (4)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (39)
Featured (189)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,766)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (44)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (9)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,637)
Guns (2,306)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (4)
Hezbollah (12)
High Capacity Magazines (16)
High Value Targets (9)
Homecoming (1)
Homeland Security (3)
Horses (2)
Humor (72)
Hunting (33)
ICOS (1)
IEDs (7)
Immigration (108)
India (10)
Infantry (4)
Information Warfare (4)
Infrastructure (4)
Intelligence (23)
Intelligence Bulletin (6)
Iran (171)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (64)
Islamists (98)
Israel (19)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (3)
Jihadists (81)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (7)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (6)
Lawfare (14)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (280)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (68)
Medical (146)
Memorial Day (6)
Mexican Cartels (41)
Mexico (61)
Michael Yon (6)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (5)
Military Equipment (25)
Militia (9)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (25)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (95)
NATO (15)
Navy (30)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (3)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (62)
Nuristan (8)
Obama Administration (221)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (7)
Patrolling (1)
Pech River Valley (11)
Personal (72)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (4)
Pizzagate (21)
Police (648)
Police in COIN (3)
Policy (15)
Politics (970)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (492)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (37)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (668)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (23)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (52)
Survival (185)
SWAT Raids (57)
Syria (38)
Tactical Drills (38)
Tactical Gear (14)
Taliban (168)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (21)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (96)
Thanksgiving (13)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (24)
TSA Ineptitude (13)
TTPs (4)
U.S. Border Patrol (6)
U.S. Border Security (19)
U.S. Sovereignty (24)
UAVs (2)
UBL (4)
Ukraine (10)
Uncategorized (98)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (412)
War & Warfare (41)
War Movies (4)
War Reporting (21)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (79)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2024 Captain's Journal. All rights reserved.