A bump stock is firearm accessory that allows the user to fire a semi‐automatic gun more quickly by harnessing its recoil. After the tragic 2017 mass killing in Las Vegas, it was reported that the shooter used guns equipped with bump stocks to carry out his crime, leading to a backlash against the devices. Despite considerable bipartisan support in Congress for passing a bill banning bump stocks, President Trump told members of Congress not to address the issue. Instead, the president directed his administration to ban bump stocks by reinterpreting existing laws that ban fully automatic guns. Thus, the Bureau of Alcohol, Tobacco, and Firearms reinterpreted the word “machinegun” to include bump‐stock devices, despite a longstanding determination under both the Bush and Obama administrations that bump stocks did not fit within the legal meaning of “machinegun.”
As a result, possession of a bump stock is now a crime, even though Congress has never passed a law criminalizing the devices. Before the ban was enacted, members of the president’s own administration had expressed concerns about this approach, saying that only Congress has the power to ban bump stocks.
Several lawsuits were filed against the rule. In Guedes v. BATF, the D.C. Circuit ruled in favor of the government. Instead of analyzing whether the administration was correct in determining that the term “machinegun” includes bump stocks, however, the court simply deferred to the administration’s interpretation. This was an example of the controversial doctrine of “Chevron deference,” in which courts defer to an administrative agency’s permissible interpretation of a statutory term if the term is ambiguous.
Read more at https://www.cato.org/blog/bump-stocks-arent-machine-guns
No comments:
Post a Comment