A federal judge on Monday rejected three motions attempting to block the enforcement of the new ban on bump stocks produced by the Bureau of Alchohol, Tobacco, Firearms, and Explosives (ATF).
The ATF’s ban was created as a response to the October 2017 mass shooting in Las Vegas that left 58 dead and hundreds wounded, in which the shooter used several bump stocks.
The substantive objection brought by the plaintiffs, Damien Guedes, the Firearms Policy Coalition, David Codrea and others, concerned the ATF’s decision to classify bump stocks as “machineguns” under the National Firearms Act (NFA). The NFA restricts the purchase of devices that allow a firearm to fire “automatically more than one shot, without manual reloading, by a single function of the trigger.” Bump stocks replace the standard stock of a semiautomatic rifle and allow the shooter to use the gun’s recoil to repeatedly fire with no additional finger movement producing an effect similar to fully automatic rifles. The court ruled that because the NFA failed to define the phrase “single function of the trigger” and the word “automatically” that, “ATF was permitted to reasonably interpret them, and in light of their ordinary meaning.”
Additionally, the plaintiffs raised a constitutional argument, that by requiring bump stock owners to destroy or surrender the devices without compensation, the ATF would violate the Takings Clause which requires that “private property [shall not] be taken for public use, without just compensation.” The court rejected this argument without ruling on whether the government would be required to provide compensation, writing, “Regardless of the merits of [plaintiff]’s takings challenge, however, it does not justify preliminary injunctive relief.”
The plaintiffs also raised several procedural objections: that the ATF had not followed the proper protocol in adopting the rule and that the president should not have appointed Matthew Whitaker as Acting Attorney General under the Attorney General Act. The court rejected both claims as proper exercises of power by the regulatory and presidential power, respectively.
Failing any other legal challenges, owners will be required to destroy or surrender their bump stocks by March 26, 2019.