en.wikipedia.org/wiki/2017_Las_Vegas_shooting
1 correction found
classifying rifles with bump stocks as machine guns
The 2018 rule classified bump-stock devices as machineguns, not rifles equipped with bump stocks.
Full reasoning
This clause misstates what the federal rule actually did.
The Justice Department's 2018 final rule said that bump stocks / bump-stock-type devices fell within the regulatory definition of a "machinegun." It did not say that rifles equipped with bump stocks were themselves reclassified as machine guns.
That distinction matters because the Supreme Court later described the rule the same way: ATF had issued a rule "that classifies a bump stock as a 'machinegun'" and the Court held ATF exceeded its authority in doing so. The Court further held that "[a] semiautomatic rifle equipped with a bump stock is not a 'machinegun'" under the statute.
So saying the ban was enacted by "classifying rifles with bump stocks as machine guns" is legally inaccurate; the rule classified the device, and the Court later rejected treating a semiautomatic rifle with a bump stock as a machinegun under the law.
2 sources
- Department of Justice Announces Bump-Stock-Type Devices Final Rule
DOJ said it was 'clarifying that bump stocks fall within the definition of “machinegun”' and added regulatory text stating: 'The term “machine gun” includes bump-stock devices.'
- GARLAND v. CARGILL | Supreme Court | LII / Legal Information Institute
Held: ATF exceeded its statutory authority by issuing a Rule that classifies a bump stock as a 'machinegun' ... A semiautomatic rifle equipped with a bump stock is not a 'machinegun' as defined by §5845(b).