GOA To File SCOTUS Petition for Certiorari Following Sixth Circuit Bumpstock Decision
WASHINGTON, D.C. – The U.S. Court of Appeals for the Sixth Circuit today issued an order in Gun Owners of America’s (GOA) case challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) bump stock ban.
“GOA’s fight is far from over as our lawyers begin preparing a petition for certiorari to the High Court,” Erich Pratt, Senior Vice President of Gun Owners of America, said. “The fact that the Sixth Circuit was so divided that it could not even give us an answer to our question means that the Supreme Court must eventually decide whether unelected ATF bureaucrats have the power to create new federal crimes out of thin air.”
The court split evenly, 8 to 8 — an extremely rare occurrence in the courts of appeals. This peculiar result means that the court was unable to reach a majority opinion either way in the case, resulting in the flawed ruling of the lower, district court being “affirmed” by default.
Along with its order, the court issued two opinions, one supporting the bump stock ban and one opposing it, but neither representing the judgement of the court (and so neither with any precedential value.)
GOA is concerned that in the future, the ATF could similarly ban semiautomatic firearms by illegally classifying them as machine guns.
Gun Owners of America is a grassroots nonprofit representing more than two million gun owners dedicated to protecting the right to keep and bear arms without compromise. For more information, visit GOA’s Press Center. GOA spokespeople are available for interviews.