Biden Demands Supreme Court Find Bump Stocks Are Machine Guns!!!

Published on November 12, 2021
Duration: 9:07

The Biden administration has filed a brief with the Supreme Court in Apostol v. Garland, arguing that the ATF's ban on bump stocks, classifying them as machine guns, is appropriate. The administration contends that petitioners are unlikely to succeed on the merits, that there's no circuit split warranting review, and that Chevron deference is not applicable. The case hinges on the interpretation of 'machine gun' under the NFA and GCA, with potential criminal penalties for non-compliance.

Quick Summary

The Biden administration argues that the ATF's ban on bump stocks, classifying them as machine guns, is appropriate. In a brief to the Supreme Court in Apostol v. Garland, they contend petitioners are unlikely to succeed on the merits, there's no circuit split, and Chevron deference isn't required. The case involves potential criminal penalties for non-compliance with the 2019 rule.

Chapters

  1. 00:00Biden Admin Responds to Supreme Court on Bump Stocks
  2. 00:40Apostol v. Garland Case Overview
  3. 01:49Biden Administration's Brief Filed
  4. 02:04Supreme Court Question Presented
  5. 02:37Three Main Arguments by Biden Admin
  6. 02:58Argument 1: Likelihood of Success
  7. 04:25Argument 2: No Circuit Division
  8. 05:46Argument 3: Chevron Deference & Rule of Lenity
  9. 06:00Explaining Chevron Deference
  10. 06:30Explaining Rule of Lenity
  11. 07:30Speaker's Stance on Analysis

Frequently Asked Questions

What is the Biden administration's stance on bump stocks in the Apostol v. Garland Supreme Court case?

The Biden administration has filed a brief arguing that the ATF's ban on bump stocks, classifying them as machine guns, is appropriate. They contend that the petitioners are unlikely to succeed on the merits and that the Supreme Court should not review the case.

Why did the ATF ban bump stocks, and what are the penalties for non-compliance?

Following the Las Vegas shooting, the ATF reclassified bump stocks as machine guns. This rule, effective March 2019, requires owners to destroy or surrender the devices, with penalties of up to 10 years in prison and a $250,000 fine for failure to comply.

What is the Rule of Lenity, and why is it relevant to the bump stock case?

The Rule of Lenity states that ambiguous criminal laws should be interpreted in favor of the defendant. It's relevant because the speaker argues it should apply to the bump stock definition due to the severe criminal penalties involved, favoring the public over the ATF.

What are the main arguments the Biden administration is making to the Supreme Court regarding bump stocks?

The administration argues that petitioners are unlikely to succeed on the merits of their case, that there is no split among lower courts warranting Supreme Court review, and that the doctrine of Chevron deference does not need to be reviewed in this context.

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