New Legal Strategy Challenges ATF’s Interpretation of the 1986 Hughes Amendment Machine Gun Ban

Summary

A new legal strategy, championed by constitutional litigator Stephen P. Halbrook and host Mark W. Smith, challenges the ATF's long-standing interpretation of the 1986 Hughes Amendment (18 U.S.C. § 922(o)) which bans post-May 19, 1986 machine guns. The strategy argues that the ATF's regulation (27 C.F.R. § 479.105) adds a 'for the benefit of government' clause not present in the original statute, a position made weaker by the Supreme Court's 2024 *Loper Bright* decision which overruled *Chevron* deference.