Guedes v. ATF, No. 19-5042 (D.C. Cir. 2019)Annotate this Case
Plaintiffs challenge the ATF's rule classifying bump-stock devices as machine guns under the National Firearms Act. The ATF promulgated the rule after a mass shooting at a concert in Las Vegas in October 2017.
The DC Circuit affirmed the district court's denial of plaintiffs' motions for a preliminary injunction to halt the rule's effective date, holding that plaintiffs failed to establish a likelihood of success both for their challenge to Acting Attorney General Whitaker's appointment and for their objections to the substantive validity of the rule. In this case, Plaintiff Codrea failed to show a likelihood of success on his appointment-based challenges due to Attorney General Barr's independent and unchallenged ratification of the Bump-Stock Rule; the Bump-Stock rule was a legislative rule that sets forth a permissible interpretation of the statute's ambiguous definition of "machinegun" and therefore merited the court's deference; the rule was not arbitrary in applying the definition of "machinegun" to bump stocks and the ATF has articulated a satisfactory explanation for the rule; and Codrea forfeited his claim that the rule was impermissibly retroactive.