The federal government’s previous ban on bump stocks has been granted a petition for a rehearing after the earlier decision to uphold the bump stock ban was reached previously. The Original ban which went into effect in 2018 and made bump stock devices illegal to possess, will now be reheard by in the 10th Circuit court.
Bump Stock Ban Voided – Will be Reheard in 10th Circuit Court
The U.S 10th Circuit court in Colorado accepted a benched petition put forth by W. Clark Aposhian – a Utah gun rights advocate. Aposhian is backed by the New Civil Liberties Alliance who is supporting his position on the bump stock ban.
The panel previously reached a 2-1 decision which generated a rift between the circuits when his appeal was denied in May. The 11-judge court will rehear the challenge, with a special focus on if and how Chevron applies. Specifically if, in this instance, if it has allowed federal overreach.
Eleven active judges will rehear the entire case but will be mainly focusing on the five main points according to the Associated Press:
1. Did the Supreme Court intend for the Chevron framework to operate as a standard of review, a tool of statutory interpretation, or an analytical framework that applies where a government agency has interpreted an ambiguous statute?
2. Does Chevron step-two deference depend on one or both parties invoking it, i.e., can it be waived; and, if it must be invoked by one or both parties in order for the court to apply it, did either party adequately do so here?
3. Is Chevron step-two deference applicable where the government interprets a statute that imposes both civil and criminal penalties?
4. Can a party concede the irreparability of a harm; and, if so, must this court honor that stipulation?
5. Is the bump stock policy determination made by the Bureau of Alcohol, Tobacco and Firearms peculiarly dependent upon facts within the congressionally vested expertise of that agency?
Since their inception, the ATF has issued several classification decisions concluding that certain bump-stocks were not machine guns and therefore not subject to any NFA laws. This is due to the fact that the devices simply allow the user to bump-fire the firearm and do not convert the firearm to a full auto weapon. It is my personal hope that reason will be seen through and the ban will be lifted on these devices. After all, the ATF already admitted that they had no legal authority for their bump stock ruling back in September of 2019.