The ATF banned bump stocks at the federal level in 2018.
Donald Trump supported the ban.
And gun grabbers flew off the rails when a three-judge panel handed down a ruling against Trump’s bump stock ban.
Sixth Circuit Court of Appeals Panel Rules Against Trump’s Bump Stock Ban
A three-judge panel in the Louisville-based Sixth Circuit Court of Appeals just issued a decision striking down the Bureau of Alcohol, Tobacco, Firearms and Explosives rule that banned bump stocks at the federal level in 2018.
President Trump pushed for the ATF to ban bump stocks in the wake of the Las Vegas shooting.
Even though no one knows if they were used during the shooting, bump stocks were reportedly found at the scene in Las Vegas.
Trump’s push for the federal regulation of bump stocks countermanded the previous position of the ATF under the Obama administration, which at the time stated that it did not have the authority to ban bump stocks under current federal law.
The issue at question is not on the merits of the ownership of bump stocks, but whether or not Congress gave the ATF the authority to federally regulate bump stocks.
The Sixth Circuit Court Appeals Panel essentially said “No” on April 25.
In his opinion, Judge J. Gilman wrote that “the statutory text confirms that the ATF correctly interpreted the statute the first time. It is the job of Congress, not the ATF, to decide whether the law should change in this area.”
This is now the second time a three-judge panel from the Sixth Circuit has handed down a ruling against Trump’s bump stock ban.
Coming Soon to SCOTUS?
So far, the Supreme Court has refused to take up a case dealing with the legality of the ATF’s bump stock ban.
But with yet another ruling being handed down against it, the Court will eventually have to deal with it.
This latest ruling got to the heart of the matter by asking if government agencies have the right to grant themselves new authorities out of thin air.
The Supreme Court reining in the ATF’s rule making process would be a huge win for liberty against the growth of the administrative state at large.
The ATF’s recent rules on pistol braces and so-called “ghost guns” being pushed by the Biden administration would likely fall if the Supreme Court were to strike down the bump stock ban.
Trump’s Second Amendment Legacy At Stake
Gun owners have never really forgiven President Trump for his betrayal of the Second Amendment when he pushed for the ATF to give itself the authority to ban bump stocks, an authority it has since used to regulate pistol braces and unserialized firearms.
While President Trump did appoint Supreme Court Justices who handed down the landmark Bruen decision, he has work to do to heal his relationship with gun owners after advocating for red flag gun confiscation laws and giving the ATF the authority to unilaterally regulate firearm accessories.
Only time will tell if this will hurt him in the Republican Primary for President.
Patriot Political will keep you up-to-date on any developments to this ongoing story.
