People are looking at these cases the wrong way. The Chevron Deference doesn't apply in criminal cases. In criminal cases they use the Rule of Lenity- which is basically the opposite of the Chevron Deference in that any ambiguity or multiple possible interpretations of statute are resolved in favor of the defendant.
https://www.law.cornell.edu/wex/rule_of_lenity
So, the second the ATF charges somebody with a bump stock for illegally machine gun possesion, they're going to have to defend their position that a gun recoiling into your finger and firing again equals a continuous press of the trigger. They would lose.
Similar shit with uppers and lowers happened here in Norway, the police flip-flopped on which part was the gun, so for a period one or the other was essentially unregulated. It has resulted in at least one court case where someone bought both unlicensed and built a working AR.
https://youtu.be/93vIi9Ew4BA
People are looking at these cases the wrong way. The Chevron Deference doesn't apply in criminal cases. In criminal cases they use the Rule of Lenity- which is basically the opposite of the Chevron Deference in that any ambiguity or multiple possible interpretations of statute are resolved in favor of the defendant. https://www.law.cornell.edu/wex/rule_of_lenity
So, the second the ATF charges somebody with a bump stock for illegally machine gun possesion, they're going to have to defend their position that a gun recoiling into your finger and firing again equals a continuous press of the trigger. They would lose.
The ATF has had to quietly make cases related to AR-15 receivers go away over the past five or six years, for exactly this reason: https://www.thetruthaboutguns.com/the-atfs-definition-of-an-ar-15-lower-as-a-firearm-is-in-serious-trouble/
Similar shit with uppers and lowers happened here in Norway, the police flip-flopped on which part was the gun, so for a period one or the other was essentially unregulated. It has resulted in at least one court case where someone bought both unlicensed and built a working AR.