Justice Gorsuch on the Bump Stock Ban
Denial of Cert in GUEDES v. BATFE
By Dean Weingarten. March 6, 2020
Article Source
In 2019, in response to a single criminal act, faced with intense media pressure, resulting in political pressure, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, (BATFE) moved to ban bump stocks. They did so, claiming bump stocks were machine guns, contrary to numerous findings they had made over the last several decades.
The new regulation was challenged in the courts. The first case to be appealed to the Supreme Court was filed in the District of Columbia. On 2 March, 2020, the Supreme Court denied a writ of certiorari, the legal term to say they declined to hear the case. The Supreme Court declines to hear most cases. Very often, justices do not comment when writs of certiorari are denied.
The doctrine the United States Court of Appeals for the District of Columbia used to uphold the regulation is called the Chevron doctrine. It essentially says bureaucracies may interpret vague laws to make specific regulations.
Justice Gorsuch, the first justice appointed by President Trump, felt compelled to write a brief statement explaining why the Supreme Court did not grant certiorari. Here is his statement in its entirety. From supremecourt.gov:
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"Justice Gorsuch's message indicates he understands some of the frustration many Second Amendment supporters feel about the lack of the Supreme Court's willingness to uphold the rule of law. It is a potentially positive sign."
