GOA Alert: VICTORY: COURT RULES A BUMP STOCK IS NOT A MACHINE GUN

[ArmyVet]

https://www.gunowners.org/victory-co...a-machine-gun/

https://www.opn.ca6.uscourts.gov/opi...1a0070p-06.pdf

[Walleye Hunter]

That's good to hear.

[Justin///M]

Someone clarify. Are they legal yet?

[gnbrotz]

Someone clarify. Are they legal yet?

My interpretation is that the matter is far from complete. A preliminary injunction was originally sought and denied ("Don't make them illegal until the court makes a final judgement.")

THAT decision was struck down, so best case, the injunction will be issued to keep them legal (or make them legal again) until the full legal battle is complete, so my non-lawyer answer to your question, is:

Yes, for now, but only after the lower court takes the action it has been ordered to - ie - issuing the injunction.

IANAL

[Justin///M]

My interpretation is that the matter is far from complete. A preliminary injunction was originally sought and denied ("Don't make them illegal until the court makes a final judgement.")

THAT decision was struck down, so best case, the injunction will be issued to keep them legal (or make them legal again) until the full legal battle is complete, so my non-lawyer answer to your question, is:

Yes, for now, but only after the lower court takes the action it has been ordered to - ie - issuing the injunction.

IANAL

Yep an it appears it would be only for the 6th circuit.

[gnbrotz]

Yep an it appears it would be only for the 6th circuit.

Agreed.

That said, I get the organizational efficiency of dividing the country up into districts for purposes of assigning cases, but since these are federal courts, you'd think their decisions would apply nationwide, just as they do if they eventually come before SCOTUS.

Are there any known instances where something is legal in one part of the country, but not another, as a result of conflicting decisions in different districts?

[lager1829]

Someone clarify. Are they legal yet?

Please. I may need to go fishing in the lake.....

[Emptymag]

Someone clarify. Are they legal yet?

Imma write a letter to the ATF and axe 'em...

[internet troll]

Someone clarify. Are they legal yet?

According to this ammoland article they are still banned but this is a step in the right direction.

https://www.ammoland.com/2021/03/six...-machine-guns/

Bump stocks are still banned.

The panel of judges from the Sixth Circuit Court sent the case back to the District Court to decide how widespread any injunction against the ban should be, but since different circuits have different rulings on the subjects any injunction will only be for Kentucky, Michigan, Ohio, and Tennessee.

The Sixth Circuit Court denied the ATF Chevron deference. Chevron deference defers to a federal agency*s interpretation of an ambiguous or unclear statute. The government argued that since the regulation wasn*t clear, the ATF could determine what is and isn*t a machine gun.

The Sixth Circuit Court ruled, *Chevron deference does not apply to agency interpretation of criminal statute thus the court does not need to decide whether agency can waive Chevron deference, therefore, the court must determine BEST MEANING of the statute*

The government could file for an en banc review of the case, or the government could appeal to the Supreme Court of the United States of America. An en banc review means every Sixth Circuit judge will get a say in the case. This victory is the first victory that gun rights advocates had in defending bump stocks.

Other legal challenges have failed in other Circuit Courts and have been unable to get an injunction against the ban. The DC Circuit Court of Appeals ruled against a challenge to the bump stock ban.

In a week where the White House and anti-gun politicians have attacked gun rights, this is has been a welcome surprise for gun owners from the courts.

Gun Owners of America celebrated the victory. GOA Senior Vice President Erich Pratt insinuated that the battle isn*t over, but this is the first step towards complete and total victory.

*Today*s court decision is great news, and told gun owners what they already knew,* said GOA Senior Vice President Erich Pratt. *We are glad the judges finally applied the statute accurately and struck down the ATF*s illegal overreach and infringement of gun owners* rights.*

The Federal Government has not responded at the time of this writing. The Circuit Court split means it is more likely that the Supreme Court will take up the case.

[Justin///M]

Good news.