Springfield, VA Today, the U.S. Court of Appeals for the Sixth Circuit reversed the district court's decision, which had denied GOA's motion for a preliminary injunction to prevent ATF from implementing a final rule incorrectly classifying bump stocks as machine guns under federal law.
https://www.gunowners.org/victory-court-rules-a-bump-stock-is-not-a-machine-gun/
https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0070p-06.pdf
"Chevron deference does not apply to agency interpretation of criminal statute thus court does not need to decide whether agency can waive chevron deference therefore court must determine BEST MEANING of the statute the "statutory context" of "single function of the trigger" "weighs heavily in Plaintiff-Appellants' favor" adopt our position that it "refers to the mechanical process"
Pratt added that the court understood our argument when they included in the opinion that: "A bump stock may change how the pull of the trigger is accomplished, but it does not change the fact that the semiautomatic firearm shoots only one shot for each pull of the trigger."
"With or without a bump stock, a semiautomatic firearm is capable of firing only a single shot for each pull of the trigger and is unable to fire again until the trigger is released and the hammer of the firearm is reset."
https://www.gunowners.org/victory-court-rules-a-bump-stock-is-not-a-machine-gun/
https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0070p-06.pdf
"Chevron deference does not apply to agency interpretation of criminal statute thus court does not need to decide whether agency can waive chevron deference therefore court must determine BEST MEANING of the statute the "statutory context" of "single function of the trigger" "weighs heavily in Plaintiff-Appellants' favor" adopt our position that it "refers to the mechanical process"
Pratt added that the court understood our argument when they included in the opinion that: "A bump stock may change how the pull of the trigger is accomplished, but it does not change the fact that the semiautomatic firearm shoots only one shot for each pull of the trigger."
"With or without a bump stock, a semiautomatic firearm is capable of firing only a single shot for each pull of the trigger and is unable to fire again until the trigger is released and the hammer of the firearm is reset."
