Buckeye Reporter

In a 6-3 ruling on Friday, June 14, 2024, the U.S. Supreme Court struck down a ban on so-called "bump stocks," finding that the Justice Department exceeded its authority by reclassifying the device as a "machine gun."

"We're pleased with this ruling," said Dean Rieck, Executive Director of Buckeye Firearms Association. "For years, this device had been considered legal. Then the Justice Department, in an arbitrary move, changed its mind and exceeded its authority to reclassify the device and make it illegal."

Rieck continued, "Only Congress can pass laws. If they choose to change the definition of machine gun, they can attempt to do so through the ordinary lawmaking process. However, other parts of government cannot take on this lawmaking authority. This ruling isn't about firearms as much as it is about respecting the rule of law and the separation of powers in our government."

Not only did the former reclassification of bump stocks make them suddenly illegal, but the ATF also ordered that owners must either surrender them or destroy them without compensation. So in addition to being an unconstitutional infringement of rights, it was an illegal seizure of personal property.

There was not even an option to go through the Class III background check with a licensed firearms dealer, pay a fee, and keep the device as you can with actual machine guns and other Class III devices.

The penalty for illegal possession of this device had been imprisonment of up to 10 years and/or a fine of up to $250,000, which is extreme and absurd for something law-abiding people purchased legally and with no intention of breaking the law.

"Gun control advocates and gun rights advocates may disagree about firearms issues," said Rieck, "but we should all agree that laws should not be created by executive fiat and rights should not be infringed on a whim. Because if one administration can do it, a precedent is set for another administration to do the same."