BREAKING NEWS: 6TH CIRCUIT RULES IN GOA v. GARLAND. BUMPSTOCKS NOT MACHINE GUNS!

[Miami_JBT]

March 25, 2021
For immediate release

VICTORY: Court Rules Bump Stock is NOT a Machine Gun

Springfield, VA Today, the U.S. Court of Appeals for the Sixth Circuit reversed the district court's decision, which had denied GOA'smotion for a preliminary injunction to prevent ATF from implementing a final rule incorrectly classifying bump stocks as machineguns under federallaw.

This case was brought by Gun Owners of America (GOA), Gun Owners Foundation (GOF), the Virginia Citizens Defense League (VCDL), Matt Watkins, Tim Harmsen of the Military Arms Channel, and GOA's Texas Director, Rachel Malone.



"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 court applied the statute accurately, and struck down the ATF's illegal overreach and infringement of gun owners' rights."



"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."





Ruling can be read here.

 

[BreechFace]

And just like that I will make sure my contributions go to GOA and GOF at the national level.

THANK YOU GOA, GOF, VCDL, MAC and MATT WATKINS!

I had no desire for a bumpstock, but it was ridiculous them ruling them a machine gun, didn't follow any logic based on the ATF definitions.

Based on this ruling if bumpstocks come available again, you bet I will purchase one, ridiculous tyranny.



So.....where's the NRA on this case???? *crickets*

 

[BreechFace]

deleted, my exuberance got a little less than high road there, but my feelings towards the subject still stands.

 

[GEM]

https://www.courthousenews.com/bump-stocks-are-not-machine-guns-sixth-circuit-rules/

The actual implications of what happens on the ground are out of my lane.

So.....where's the NRA on this case???? *crickets*

The NRA is in a mixed position on this. As related by some NRA folks, after Las Vegas there was legislation proposed that would. functionally ban semi auto guns. It would have passed Congress with a veto proof vote and perhaps with the support of Trump. The NRA spoke to Trump and diverted him to a bump stock ban as the best fall back position.

Thus, what can they say now? The issue and actions are open to debate.

 

[Hunter 08]

It was my understanding in the email from them that now the case must go back to the lower courts to be decided. Or did I read it wrong initially?

 

[hso]

Thanks for the notification.

Discussion on what does it mean over in Legal https://www.thehighroad.org/index.p...an-overturned-by-federa-appeals-court.886273/