SCOTUS Annuls ATF Rule on Bump Stocks

by
posted on June 20, 2024
Supreme Court Building

Last Friday, the U.S. Supreme Court held that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) unlawfully exceeded its authority by classifying bump stocks as machineguns.

The National Firearms Act defines a “machinegun” as “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger,” including any “part designed and intended solely and exclusively . . . for use in converting a weapon into a machinegun.” The ATF long classified bump stocks—which enable rapid fire with semiautomatic firearms while still requiring multiple functions of the trigger—as non-machineguns. But in 2018, the ATF reversed course and promulgated a rule altering the statutory definition of “machinegun” and declaring that bump stocks are machineguns.

The Supreme Court held that the NFA’s definition of “machinegun” clearly does not cover bump stocks, and thus that the ATF exceeded its statutory authority by classifying bump stock as such. Bump stocks, the Court determined, are not machineguns because (1) they do not enable semiautomatic firearms to fire more than one shot “by a single function of the trigger,” (2) and even if they did, the firearm would not be firing “automatically.” Rather, the Court explained, “[a] bump stock merely reduces the amount of time that elapses between separate ‘functions’ of the trigger.”

“The Supreme Court has properly restrained executive branch agencies to their role of enforcing, and not making, the law,” said NRA-ILA executive director Randy Kozuch. “This decision will be pivotal to NRA’s future challenges of ATF regulations.”

The ruling makes clear—as Justice Alito emphasized in a concurring opinion—that only an act of Congress—not an ATF rule—can prohibit bump stocks. In addition to reining in the ATF’s unlawful rule, the Cargill ruling will help ensure that future unelected government officials cannot ban firearms and accessories by administrative fiat. The ruling also casts doubt on recent ATF rules—including the “pistol brace,” “frame or receiver,” and “engaged in the business” rules—in which the ATF contradicts Congress’s explicit statutory language. 

Latest

Review Bergara B 14 Ridge Carbon Wilderness Lead
Review Bergara B 14 Ridge Carbon Wilderness Lead

Review: Bergara B-14 Ridge Carbon Wilderness

The B-14 Ridge Carbon Wilderness delivers out-of-the-box precision in a featherlight rifle package for under $1,500.

Tactacam Raises the Bar with Third Generation Cellular Cameras

Mike Roux goes over the features of Tactacam's third generation cellular trail cameras.

First Look: Millennium Treestands’ M150 Monster Hang-On Stand

Millennium Treestands has designed its M150 Monster hang-on stand to meet the demands of serious hunters. With a weight capacity of 300 pounds, the M150 Monster is overbuilt to provide security and stability during a hunt.

#SundayGunday: Sako Model 90 Hunter

On this week's #SundayGunday, we check out the Sako Model 90 Hunter, an elegant bolt-action crafted in the finest traditions of Finland. 

U.S. FWS Debuts New Federal and Junior Duck Stamps

Hunters, bird watchers, stamp collectors, and artists celebrated as the 2024-2025 Federal Migratory Bird Hunting and Conservation Stamp—commonly known as the Duck Stamp—went on sale.

Behind the Bullet: .318 Westley Richards

A rimless designed made for use in the Mauser-style rifles, the .318 Westley Richards was released sometime between 1906 and 1910, and became one of the most popular medium-bore cartridges for hunting African game.

Interests



Get the best of American Hunter delivered to your inbox.