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U.S. Supreme Court invalidates ATF Rule Classifying Bump Stocks as Machineguns

Friday, June 14, 2024

U.S. Supreme Court invalidates ATF Rule Classifying Bump Stocks as Machineguns

Today, the U.S. Supreme Court held that the Bureau of Alcohol, Tobacco, Firearms and Explosives unlawfully exceeded its authority by classifying bump stocks as machineguns.

The National Firearms Act defines a “machinegun” as “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger,” including any “part designed and intended solely and exclusively . . . for use in converting a weapon into a machinegun.” The ATF long classified bump stocks—which enable rapid fire with semiautomatic firearms while still requiring multiple functions of the trigger—as non-machineguns. But in 2018, the ATF reversed course and promulgated a rule altering the statutory definition of “machinegun” and declaring that bump stocks are machineguns.

The Supreme Court held that the NFA’s definition of “machinegun” clearly does not cover bump stocks, and thus that the ATF exceeded its statutory authority by classifying bump stock as such. Bump stocks, the Court determined, are not machineguns because (1) they do not enable semiautomatic firearms to fire more than one shot “by a single function of the trigger,” (2) and even if they did, the firearm would not be firing “automatically.” Rather, the Court explained, “[a] bump stock merely reduces the amount of time that elapses between separate ‘functions’ of the trigger.”

“The Supreme Court has properly restrained executive branch agencies to their role of enforcing, and not making, the law,” said NRA-ILA Executive Director Randy Kozuch. “This decision will be pivotal to NRA’s future challenges of ATF regulations.”

The ruling makes clear—as Justice Alito emphasized in a concurring opinion—that only an act of Congress—not an ATF rule—can prohibit bump stocks. In addition to reining in the ATF’s unlawful rule, the Cargill ruling will help ensure that future unelected government officials cannot ban firearms and accessories by administrative fiat. The ruling also casts doubt on recent ATF rules—including the “pistol brace,” “frame or receiver,” and “engaged in the business” rules—in which the ATF contradicts Congress’s explicit statutory language. 

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Florida: Second Amendment Sales Tax Holiday Signed by Governor

Monday, July 7, 2025

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Governor Ron DeSantis recently signed the Florida Budget for Fiscal Year 2025–2026, which includes a Second Amendment sales tax holiday from September 8 through December 31, 2025. The NRA is thankful for Governor DeSantis’ strong ...

Update: North Carolina House Reschedules Veto Override Vote

Tuesday, August 26, 2025

Update: North Carolina House Reschedules Veto Override Vote

Today, the House rescheduled the veto override vote on Senate Bill 50, Freedom to Carry NC, to Monday, September 22. 

ABAs Latest Resolution Continues to Ignore Liberty and Hinder Justice for Gun Owners

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Tuesday, September 2, 2025

ABAs Latest Resolution Continues to Ignore Liberty and Hinder Justice for Gun Owners

Last month, the American Bar Association (ABA), via its Standing Committee on Gun Violence, passed yet another anti-gun resolution at their annual meeting in Toronto (the venue should serve as a clue regarding their commitment ...

Arkansas Atrocity Highlights Need for Reform in Rules Governing Carry in Public Parks

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Monday, August 25, 2025

Arkansas Atrocity Highlights Need for Reform in Rules Governing Carry in Public Parks

On the heels of the shocking and seemingly random murder of a couple in an Arkansas state park while they were walking a trail with their young children, many are revisiting their self-defense plans in the great ...

Third Circuit Sua Sponte Takes NRA’s “Assault Firearm” and Magazine Ban Case En Banc

Wednesday, August 27, 2025

Third Circuit Sua Sponte Takes NRA’s “Assault Firearm” and Magazine Ban Case En Banc

Association of New Jersey Rifle & Pistol Clubs v. Attorney Gen. New Jersey is an NRA-supported challenge to New Jersey’s prohibitions on so-called “assault firearms” and magazines that can hold more than 10 rounds.

The Delusion of Ignoring Criminals

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Tuesday, September 2, 2025

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Is it something in the water? Officials in Democrat-run strongholds like Chicago are unwilling to accept that their crime problems are the result of their pro-criminal, anti-victim policies, including gun laws that restrict the rights ...

Illinois: Governor Signs Mandatory Firearm Storage Law

Wednesday, September 3, 2025

Illinois: Governor Signs Mandatory Firearm Storage Law

Earlier this month, Governor JB Pritzker signed Senate Bill 8 into law. This legislation imposes new mandatory firearm storage requirements on law-abiding gun owners.  

California: Action Needed! Anti-Gun Bills Could Receive Floor Votes Today!

Tuesday, September 2, 2025

California: Action Needed! Anti-Gun Bills Could Receive Floor Votes Today!

On Friday, August 29th, the California Senate and Assembly Appropriations Committees advanced several anti-gun bills that could receive floor votes as early as today. Please use the TAKE ACTION button below to contact your state ...

Everytown Gun “Safety” Course—Step One: Don’t Own a Gun

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Monday, August 25, 2025

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.