Bump stocks: another case that may well also go to SCOTUS.
U.S.A. –-(AmmoLand.com)- Lead Attorney for Gun Owners of America, Robert Olson, argued in GOA v. Garland that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) overstepped its authority when it ruled that bump stocks are machine guns.
Mr. Olson appeared before the full bench to argue that the ATF could not use Chevron deference to change the definition of what constitutes a machine gun. Chevron deference comes from Chevron, U.S.A. v. Natural Res. Def. Council (1984), and is the policy that allows a government agency to interpret an ambiguous rule.
GOA won an earlier decision in front of the Sixth Circuit Court three-judge panel that bump stocks are not machine guns. Two of the three judges ruled that bump stocks are not machine guns and overturned the decision at the district court level. The government requested an en banc hearing before the full bench of the Sixth Circuit, and the court granted the hearing.
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