Skip to main content

Supreme Court Judge Questions Trump's Bump-Fire Stock Ban

Supreme Court Judge Questions Trump's Bump-Fire Stock Ban

President Donald Trump hasn’t been the disaster for the Second Amendment that his 2016 Democrat challenger Hillary Clinton undoubtedly would have been. However, one anti-gun law that Trump did institute through an executive action is coming under fire by at least a few judges.

In the aftermath of the horrible Las Vegas mass shooting in October 2017, Trump eventually bowed to pressure by anti-gun groups and gun-ban politicians and, by executive order, banned the possession of an innocuous accessory called a bump-fire stock last March. The device can be used to make a semi-automatic rifle fire faster, as can several other everyday items like your beltloop (which, thankfully, is still legal).

Trump’s executive order in effect allowed the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) to redefine bump-fire stocks as machine guns, which they obviously aren’t. In doing so, Trump set a terrible precedent and damaged the ongoing battle to protect the right of law-abiding Americans to keep and bear arms.

Now, according to a recent story at Reason.com, U.S. Supreme Court Justice Neil Gorsuch, a Trump appointee, is questioning the BATFE rule and its validity. In an early March 2 statement issued supporting the denial of certiorari in Guedes v. Bureau of Alcohol, Tobacco, Firearms and Explosives, Gorsuch wrote that the executive branch used to tell everyone that bump-fire stocks don’t qualify as machineguns.


“Now, it says just the opposite,” Gorsuch wrote. “The law hasn't changed, only an agency's interpretation of it. How, in all of this, can ordinary citizens be expected to keep up. And why should courts, charged with the independent and neutral interpretation of the laws Congress has enacted, defer to such bureaucratic pirouetting?”


In truth, Gorsuch’s question makes good sense. If a piece of plastic can qualify as a machinegun and courts are supposed to accept that as fact, what other illogical and unrealistic ideas can become rule of law simply by an overzealous federal agency acting at the behest of a president scrambling to appease vocal anti-gun advocates? The bad possibilities are nearly endless, of course.

For now, the bump-fire stock ban stands, but Gorsuch isn’t the only judge asking serious questions about it. Only time will tell whether common sense might again rule the day sometime in the future and the nonsensical bump-fire stock ban might ultimately be reversed.

Freelance writer and editor Mark Chesnut is the owner/editorial director at Red Setter Communications LLC. An avid hunter, shooter and political observer, he has been covering Second Amendment issues and politics on a near-daily basis for the past 20 years.

GET THE NEWSLETTER Join the List and Never Miss a Thing.

Recommended Articles

See More Recommendations

Popular Videos

Shooting the 20mm Lahti

Shooting the 20mm Lahti

David Fortier had the chance to fire the Lahti L-39 while filming the 2018 season of Guns&AmmoTV while on location at DriveTanks.com.

Firearms News Reviews the S&W M&P 2.0 9mm Compact Pistol

Firearms News Reviews the S&W M&P 2.0 9mm Compact Pistol

Firearms News editor Vince DeNiro runs the Smith & Wesson M&P 2.0 9mm compact pistol through a self-defense drill.

Hornady Kestrel 5700 Ballistics Weather Meter with Hornady 4DOF

Hornady Kestrel 5700 Ballistics Weather Meter with Hornady 4DOF

The Hornady Kestrel 5700 combines complete onsite environmental measurements with Hornady 4DOF trajectory solutions.

M134 Mini-Gun

M134 Mini-Gun

While filming the 2018 season of Guns&AmmoTV we had the unique opportunity to fire the M134 Minigun.

See More Popular Videos

Trending Articles

The Leupold VX-Freedom AR scope line hits the sweet spot on frills, performance and cost to you.Leupold VX-Freedom AR Scopes Optics

Leupold VX-Freedom AR Scopes

Jim Angell - August 18, 2020

The Leupold VX-Freedom AR scope line hits the sweet spot on frills, performance and cost to...

The Fifth U.S. Circuit Court of Appeals has unanimously ruled that New Jersey Attorney General Gurbir Grewal is “subject to the jurisdiction of Texas courts” in a First Amendment case brought by Defense Distributed, a Texas-based firm, and the Second Amendment Foundation.SAF, Defense Distributed Win Court Victory in 3D Gun Case 2nd Amendment

SAF, Defense Distributed Win Court Victory in 3D Gun Case

Second Amendment Foundation - August 22, 2020

The Fifth U.S. Circuit Court of Appeals has unanimously ruled that New Jersey Attorney General...

Virginia Republican Rep. Glenn Davis introduced two pro-2A measures in a special session that are designed to partially roll back some restrictive laws.Fighting Back in Virginia 2nd Amendment

Fighting Back in Virginia

Mark Chesnut - August 24, 2020

Virginia Republican Rep. Glenn Davis introduced two pro-2A measures in a special session that...

The Wilson Combat-SIG Sauer WCP320 pistol is now legal for IDPA Stock Service Pistol Class Competition and USPSA Production/Carry Optics Classifications.WCP320 Pistol Now Legal for IDPA and USPSA Handguns

WCP320 Pistol Now Legal for IDPA and USPSA

Firearms News Staff - August 14, 2020

The Wilson Combat-SIG Sauer WCP320 pistol is now legal for IDPA Stock Service Pistol Class...

See More Trending Articles

More 2nd Amendment

17-year-old Kyle Rittenhouse was armed with an AR-15 and was guarding a car lot in Kenosha near where protests were occurring. When protesters, after verbally abusing him, began trying to burn some of the cars, Rittenhouse apparently tried to stop them. Violent Felon Rioters Shot – Kyle Rittenhouse Defends Himself in Kenosha, WI 2nd Amendment

Violent Felon Rioters Shot – Kyle Rittenhouse Defends Himself in Kenosha, WI

Clay Bell - August 27, 2020

17-year-old Kyle Rittenhouse was armed with an AR-15 and was guarding a car lot in Kenosha...

Riots are impacting many cities around the United States and more and more Americans are realizing that they are their own protectors.Rioting's Unintended Consequences 2nd Amendment

Rioting's Unintended Consequences

Mark Chesnut - September 08, 2020

Riots are impacting many cities around the United States and more and more Americans are...

The Second Amendment Foundation has joined in a lawsuit challenging California's use of bureaucracy and the COVID-19 pandemic to undermine and restrict citizens' access to firearms in violation of the state's 10-day waiting period law.SAF Joins Lawsuit Challenging California Delays in Processing Gun Transactions 2nd Amendment

SAF Joins Lawsuit Challenging California Delays in Processing Gun Transactions

Second Amendment Foundation - August 28, 2020

The Second Amendment Foundation has joined in a lawsuit challenging California's use of...

By now you've undoubtedly heard about the lawsuit filed by the New York Attorney General against the NRA, but you might be wondering what's really going on.The Tragic Mess That is Today's NRA Industry

The Tragic Mess That is Today's NRA

Jeff Knox - September 21, 2020

By now you've undoubtedly heard about the lawsuit filed by the New York Attorney General...

See More 2nd Amendment

Magazine Cover

GET THE MAGAZINE Subscribe & Save

Digital Now Included!

SUBSCRIBE NOW

Give a Gift   |   Subscriber Services

PREVIEW OUR CURRENT ISSUE Arrow

GET THE NEWSLETTER Join the List and Never Miss a Thing.

Phone Icon

Get Digital Access.

All Firearms News subscribers now have digital access to their magazine content. This means you have the option to read your magazine on most popular phones and tablets.

To get started, click the link below to visit mymagnow.com and learn how to access your digital magazine.

Get Digital Access

Not a Subscriber?
Subscribe Now