Gun Owners of America, Inc. v. Garland, No. 19-1298 (6th Cir. 2021)
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In 2018, ATF promulgated a rule that classified bump stocks as machine guns, reversing its previous position. Bump stocks assist the shooter in “bump firing,” a technique that increases a semiautomatic firearm’s rate of fire. The district court held that the ATF’s interpretation was entitled to Chevron deference and that the classification of bump stocks as machine guns was “a permissible interpretation” of 26 U.S.C. 5845(b). The court denied a preliminary injunction.
The Sixth Circuit initially reversed, reasoning that an agency’s interpretation of a criminal statute is not entitled to Chevron deference and that ATF’s rule is not the best interpretation of section 5845(b). On rehearing, en banc, the court divided evenly and, therefore, affirmed the denial of a preliminary injunction. Chevron provides the standard of review, even though the law under consideration has criminal applications. Applying Chevron, Congress has not spoken to the precise question at issue and, after exhausting the traditional tools of statutory construction, section 5845(b) remains ambiguous. ATF’s interpretation of section 5845(b) is a permissible construction of the statute and is reasonable; it is entitled to Chevron deference. Even without applying deference, the Final Rule provides the best interpretation of section 5845(b).
This opinion or order relates to an opinion or order originally issued on March 25, 2021.
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