6th Circuit Reverses BATFE on Bump Stock Ban - 03/25/21
info here
Short version: ATF may be expert on firearms, but not expert enough to successfully change the clear meaning of the law. A bump stock does not change the fact that only one bullet is fired for each actuation of the trigger, so a bump stock is not a machine gun.
The court also says that ATF is not entitled to Chevron deference in this case. Chevron deference is a legal doctrine, now getting some push-back, that the courts should defer to the interpretation of the technical experts in regulatory agencies. That alone is cause for celebration.
Short version: ATF may be expert on firearms, but not expert enough to successfully change the clear meaning of the law. A bump stock does not change the fact that only one bullet is fired for each actuation of the trigger, so a bump stock is not a machine gun.
The court also says that ATF is not entitled to Chevron deference in this case. Chevron deference is a legal doctrine, now getting some push-back, that the courts should defer to the interpretation of the technical experts in regulatory agencies. That alone is cause for celebration.