Administrative agencies show no qualms about turning law-abiding citizens into felons. Allowing DOJ to write criminal laws without Congress thus risks terrifying consequences. If DOJ can create the bump stock rule, what stops it from bypassing Congress to create criminal laws on other subjects?
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When the 90-day compliance window closes on March 26, lawful purchasers of some 520,000 bump stocks must have either surrendered their devices or destroyed them. Absent judicial relief, this regulation will convert all remaining owners of bump stocks into felons without action by Congress. doctrine in deferring to DOJ’s definition of the terms “single function of the trigger” and “automatically.” DOJ’s new definitions are awkward at best, butposes the more nettlesome problem. This embarrassing precedent tells federal judges to defer to the executive branch’s statutory interpretation whenever the judge decides that a statute is ambiguous and the agency’s interpretation is reasonable. There is not room here for a complete takedown of, so suffice it to say that the D.C.
Second, were Congress to ban bump stocks, would it do so retroactively and with the same penalty structure as owning an actual machinegun? History says no, especially since Congress has tried and failed to ban bump stocks several times—and those bills were rarely retroactive.
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