Earlier today, the Department of Justice released the approved Final Rule on bumpstocks. As was expected, the Rule alters the definition of the term “machine gun” (in the regulations pertaining to the Gun Control Act and National Firearms Act) to include the following language
* * * For purposes of this definition, the term “automatically” as it modifies “shoots, is designed to shoot, or can be readily restored to shoot,” means functioning as the result of a self-acting or self-regulating mechanism that allows the firing of multiple rounds through a single function of the trigger; and “single function of the trigger” means a single pull of the trigger and analogous motions. The term “machine gun” includes a bump-stock-type device, i.e., a device that allows a semi-automatic firearm to shoot more than one shot with a single pull of the trigger by harnessing the recoil energy of the semiautomatic firearm to which it is affixed so that the trigger resets and continues firing without additional physical manipulation of the trigger by the shooter.
As a result, Damien Guedes backed by institutional plaintiffs Firearms Policy Coalition, Inc., Firearms Policy Foundation, and the Madison Society Foundation, Inc., represented by attorneys Joshua Prince and Adam Kraut of Firearms Industry Consulting Group, filed suit against the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Acting ATF Director Thomas E. Brandon, purported Acting Attorney General Matthew Whitaker, and the United States of America seeking a preliminary injunction.
Among other things, the suit alleges that Matthew Whitaker lacks the authority to implement a final rule, challenges the ATF’s violations of the Administrative Procedures Act, and argues that ATF usurped its authority by rewriting the definition to a term that Congress had clearly defined. For an overview of the lawsuit, see BuzzFeed’s comprehensive article – Gun Rights Activists Are Already Suing Over Trump’s Bump Stock Ban.
Individuals wishing to donate to the legal challenge may do so by contributing to the fund.
If your rights have been violated by a federal administrative agency during a rulemaking proceeding or you want to file a comment in support or opposition to a notice of proposed rulemaking, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.
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