I receive calls almost every day from clients asking for an update on the status of the bump fire stock ban.
The ban is currently scheduled to go into effect (with items surrendered or destroyed) on March 26, 2019 unless one of the four legal challenges succeeds in postponing or overturning the regulatory ‘redefinition’ of bump fire stocks as machineguns.
For those who are not familiar with the history and ongoing status of the attempted ban, the following is a simplified timeline of the steps which lead us here.
ATF Approves The First Bump Fire Stock and Declares is is NOT Regulated Under the NFA
ATF Notifies Congress That Bump Fire Stocks Are NOT Machineguns
Trump Instructs the ATF to Act
DOJ Announces Plan to Regulate
ATF Issues Notice of Proposed Rulemaking
Final Regulation Signed By Acting AG
Firearms Policy Coalition Files Suit Seeking an Injunction
GOA and VCDL File Suit Seeking an Injunction
Lawyer Adam Riley Files a Class-Action Lawsuit Over the Taking of Property Without Compensation
Clark Aposhian, Chairman of the Utah Shooting Sports Council, Files a Separate Lawsuit
Trial Judge Denies Preliminary Injunction in FPC Case. The Ruling Has Been Appealed to the Court of Appeals for the District of Columbia Circuit
A three-judge panel of the D.C. Circuit granted FPC’s and FPF’s joint motion to expedite the appeal
Hearing Scheduled in the GOA / VCDL Case Regarding a Preliminary Injunction
10th Circuit Issues Temporary Ban Against Enforcement of Bump Fire Ban - BUT ONLY AGAINST CLARK APOSHIAN
Arguments to be heard in FPC v. Whitaker and Guedes v. BATFE by the D.C. Court of Appeals
DC Court of Appeals issued a stay in the FPC case but only as it applies to the named plaintiffs including any current bona fide members of the named membership associations (Firearms Policy Foundation, Madison Society Foundation, Florida Carry)
Rule Scheduled to go Into Effect (Items Must be Surrendered or Destroyed) Unless an Injunction is Issued
Chief Justice Roberts has declined an emergency request to have the Supreme Court review the issue
Justice Sotomayor is still considering a second request to have the Supreme Court intervene
Justice Sotomayor has denied the second request to have the Supreme Court intervene
The D.C. Circuit has ruled 2-1 against the Guedes et al. appellants, with a strong dissent by Judge Henderson.
Until we get a final answer, this post will contain updates as they occur. However, it isn’t looking good for law-abiding gun owners.
“John represented me at my hearing in Fairfax County Circuit Court for my Petition for Restoration of Firearms Rights. My case was a bit complex and it incorporated some new legislation that John was very educated on. The legislation was so new that the Commonwealth’s Attorney and the Judge did not have any knowledge of it. John’s actions in the courtroom to bring the new legislation to the attention of the court were astonishing and brilliant; even bringing a smile to the Judge and pat on the back from a fellow attorney after the hearing.
John’s flat rate pricing for representation is amazingly affordable. He is true to his word, communicates through out the entire process and works diligently to represent you. I highly recommend John Pierce.” - Shawn
“I contacted John via email regarding trust and estate work that I needed and questions that I had. He called me that same day, walked me through the process, took adequate time and was very patient in responding to my questions. He is very down to earth and professional. I was astounded as I found he was on travel, yet he took the time to personally contact me. He was very responsive in following up with the documents that I needed. I am extremely pleased and appreciative of the time he took with me and his outstanding level of service. I've worked with a number of attorneys in my profession and John exceeds the standards that I am accustomed to. I highly recommend him.” - Ron