Scott Hardin v. ATF, 20-6380 (6th Cir. 2023) bump stocks
B.L.U.F. Why the Sixth Circuit Court found that the bump stock ban is not constitutional.
This was not a Second Amendment challenge to the rule. Instead, it was an Article I, Section 1 challenge.
— Constitution of the United States of America
The ATF is not a part of the Congress, but is instead a part of the Executive branch. The Executive branch is charged with enforcing laws, not in creating laws.
Given this challenge, Bruen plays no part in the decision except that it indicates that the Supreme Court is serious about Second Amendment protected rights.
The Question
Is the ATF’s interpretation of 18 U.S.C § 922(o)(1) which incorporates 26 U.S.C. § 5845(b) Constitutional?
§ 922 is the Gun Control Act. This is where it says it shall be unlawful for any person to transfer or possess a machinegun.
— §922(o)(1). That definition of a machinegun is what is at issue:
— 26 U.S.C. §5845(b) NFA