I didn't dodge I stayed on track with your quoted post
You said
"Wrong Trump banned bump stocks against the wishes of the NRA"
I posted to that quote of yours with this
From the
court filing:
The Final Rule is void as a matter of law because, as ATF has conceded, it lacked “the authority to engage in ‘gap-filling’ interpretations of what qualifies as a ‘machinegun’” under the Gun Control and National Firearms Acts. (See Appellees’ Br. at 41.) The Final Rule, however, was designed to do just that—expand the definition of a “machinegun” to now include bump stocks, with such new legislative regulations taking effect only “after the effective date of th[e] regulation.” Final Rule, 83 Fed. Reg. 66523 (emphasis added). The Final Rule is therefore invalid and unenforceable.
Recognizing that it has the lawful authority to issue legislative rules only if there is a statutory ambiguity, ATF concedes that “the Rule’s application of the terms used to define ‘machinegun’ in the National Firearms Act is correct, and there is no ambiguity[.]” (Appellees’ Br. at 35-36.) ATF then goes one step further and concedes that it has no legislative rulemaking authority at all. (Appellees’ Br. at 40.) ATF agrees that “Congress did not expressly task the Attorney General with determining the scope of the criminal prohibition on machinegun possession” and that “statutory scheme does not … appear to provide the Attorney General the authority to engage in ‘gap-filling’ interpretations of what qualifies as a ‘machinegun[.]’” (Appellees’ Br. at 40-41.) ATF then argues that the Final Rule is an “interpretive” rule that does nothing more than provide “the best interpretation of the statute” that bump stocks “were machineguns at the time of classification[.]” (Appellees’ Br. at 36, 38, 40-41.) ATF has thus staked out the untenable position that the Bump Stock Final Rule is valid, only because it represents nothing more than a mere interpretation of an already unambiguous statutory prohibition.
This means that ATF agrees that the district court committed legal error. After all, the district court upheld the Final Rule only after concluding that “the Attorney General has been implicitly delegated interpretive authority to define ambiguous words or phrases in the NFA and the GCA” and that the term “machinegun” was ambiguous. (Aplt. App. at A133.) ATF’s present defense of the Final Rule therefore tries to make up for what it agrees was the district court’s erroneous legal analysis. (See Appellees’ Br. at 35-36, 40-41.)
Beyond showing its disagreement with the district court, ATF’s present argument also mean that if this Court decides that the Final Rule is legislative, ATF has conceded that is was promulgated without any lawful “authority” and is therefore void. (See Appellees’ Br. at 40.)
https://www.thetruthaboutguns.com/atf-admits-it-lacked-regulatory-authority-to-ban-bump-stocks/
The dodge is all yours