Subdeacon Joe Posted April 26, 2023 Posted April 26, 2023 The 6th Circuit has struck down the ATF view that bump stocks are machine guns. https://reason.com/volokh/2023/04/25/sixth-circuit-panel-rejects-bump-stock-ban-again/#:~:text=A three-judge panel concludes,under the rule of lenity.&text=Today%2C the U.S. Court of,part" prohibited under federal law. The placement of a bump stock on a semiautomatic rifle causes the rifle to function essentially like a machinegun by dramatically increasing the rate of fire. And the possession of a machinegun is a criminal offense under the Gun Control Act of 1968. This raises the question of whether a bump stock is a machinegun "part" as defined by the National Firearms Act of 1934. The question is a close one on which reasonable jurists have disagreed, a disagreement caused by ambiguities in how the applicable statute defines the term "machinegun." An Act of Congress could clear up the ambiguities, but so far Congress has failed to act. The Bureau of Alcohol, Tobacco, Firearms and Explosives (the ATF) has been on both sides of this issue, with its current regulation (the Rule) banning bump stocks as a machinegun part. In this situation, the rule of lenity that is applicable to criminal offenses requires us to rule in favor of Hardin.
Blackwater 53393 Posted April 26, 2023 Posted April 26, 2023 They get interrupted now and then, but it appears that the dominos are falling!! Unanimous decision speaks for itself! The judges agree that the rule is wrong and point out more than one reason!!
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