Washington Gun Law

Bump Stocks Could Spell the End of ATF's Pistol Brace Rule

Video Highlights

  • Firearms Policy Coalition has filed for a writ of certiorari to the United States Supreme Court in the case of Guidus vs ATF.
  • The case challenges ATF's ban on bump stocks, arguing that the ban is unconstitutional and unlawful.
  • Different circuit courts have had conflicting rulings on the ban, making it a prime candidate for Supreme Court review.
  • The case could provide a definitive ruling on the extent of ATF's authority in rulemaking.
  • The ban on bump stocks has been criticized for bypassing Congress and infringing on individuals' property rights.
  • A ruling in favor of Guidus could set a precedent for reining in ATF's regulatory power.

Video Summary

In the ongoing debate over firearm regulations, one area of contention has been the issue of pistol braces. However, there may be another avenue to challenge the ATF's overreach, and it involves bump stocks.


The case of Guidus vs ATF, currently being led by the Firearms Policy Coalition, has filed for a writ of certiorari to the United States Supreme Court. This case originated from the DC circuit and challenges the ATF's ban on bump stocks. The ban came about after the tragic shooting in Las Vegas in 2018, where bump stocks were allegedly used.


The DC Circuit Court initially dismissed the lawsuit, affirming the ATF's authority to regulate bump stocks and classify them as machine guns. However, other circuit courts, such as the Fifth Circuit, have ruled differently, finding the ban unconstitutional and unlawful. This conflicting landscape sets the stage for the Supreme Court's potential review of the case.


What is interesting about this case is not the specific debate over bump stocks but the broader implications it could have on ATF's regulatory authority. The case could provide a definitive ruling on the extent to which the ATF can bypass Congress and make regulations through rulemaking. This is significant because, in the case of bump stocks, the ATF effectively made millions of Americans criminals overnight without passing any legislation.


Regardless of one's stance on bump stocks, there is a concern about the process by which the ban was implemented. President Trump, instead of pursuing legislative action, allowed the ATF to rewrite the rules and redefine criminal law through administrative fiat. This raises questions about the separation of powers and the proper role of the executive branch in making such decisions.


The ruling in the Guidus vs ATF case could have significant implications for the future of ATF's regulatory power. If the Supreme Court were to side with Guidus, it would establish a precedent that ATF's authority is not limitless and that it must operate within the confines of the law and the Constitution.


It is worth noting that this case is not just about bump stocks but about the broader issue of administrative rulemaking and the implications it has for individual rights. It is a call for clarity and balance in the exercise of regulatory power.


As legal proceedings continue, it is important for gun owners to stay informed about the law and how it applies to them. Understanding the scope of ATF's authority and the potential impact of this case is crucial for responsible gun ownership.


In the meantime, the Firearms Policy Coalition will continue to fight for the protection of Second Amendment rights and provide updates on the progress of the case. Stay tuned for further developments and remember to stay safe and responsible as a gun owner.