1 (April 11, 2018)

handle is hein.crs/crsmthzzaem0001 and id is 1 raw text is: 








               Congressional                                              ______
             aResearch Service






ATF's Ability to Regulate Bump Stocks



Sarah   Herman Peck
Legislative   Attorney


April   11, 2018
UPDATE:   Following the publication of this Sidebar, the Justice Department's Bureau ofAlcohol,
Tobacco, Firearms, and Explosives (ATF) published a notice of proposed rulemaking declaring its
intention to clarify, through regulation, that 'bump fire'stocks, slide-fire devices, and devices with
certain similar characteristics (bump-stock-type devices) are 'machineguns ' under the National
Firearms Act (NFA) and the Gun Control Act (GCA). In doing so, ATF proposes to interpret three terms
in the GCA and the NFA: (1) single function of the trigger; (2) automatically; and (3)
machinegun.  Single function of the trigger will be defined as single pull of the trigger. Automatically
will mean as the result of a self-acting or self-regulating mechanism that allows the firing of multiple
rounds through a single pull of the trigger. And machinegun will include a device that allows
semiautomatic firearms to shoot more than one shot with a single pull of the trigger by harnessing the
recoil energy of the semiautomatic firearm to which it is affixed so that the trigger resets and continues
firing without additional physical manipulation of the trigger by the shooter (commonly known as bump-
stock-type devices). The public comment period closes June 27, 2018.

The original Sidebar postfrom March 22, 2018 providing background on the proposed rule is below.


Congressional interest in the legal framework for regulating bump stock devices abounded after
authorities discovered that the perpetrator of the October 2017 mass shooting in Las Vegas, Nevada, had
attached to his semiautomatic firearms an accessory that allowed his rifles to effectively mimic the firing
capabilities of a fully automatic weapon. (These firearm accessories are commonly called bump-fire,
slide-fire, or bump-stock devices, and more information on how they function can be found in this
CRS  Insight by William J. Krouse.) One pertinent question involves the degree to which the Department
of Justice's Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) may regulate, and potentially
proscribe, the sale and possession of such devices under existing law. The answer to this question largely
depends on whether a bump-stock device reasonably can be construed as falling under the federal
statutory definition of a machinegun.

                                                                 Congressional Research Service
                                                                                         7-5700
                                                                                  www.crs.gov
                                                                                      LSB10103

CRS Legal Sidebar
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