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The ruling from ATF that makes bump-stocks federally illegal is a regulation, not a law.
I'd think that Bruen and West Virginia are going to figure large in the appellate proceedings.
ATF has not been specifically empowered to write the definitions of what the things defined by law are.
By the black letter of the law, changing the fire control group of an M16 to an AR-15 makes it a normal rifle and not a machine gun. Even with the hole drilled for the auto-sear.
ATF is who came up with "once an X, always an X" rule, not Congress.
The law is pretty clear it's about the at-the-moment configuration and not the possibility of an easy conversion to an illegal one.
But that doesn't stop regulatory agencies from expanding their power by issuing regulations.
This could be very exciting!
We might even get a ruling on if machine guns are still banned because while NFA might be OK under the taxing power, 922(o) is an outright ban; which the Supreme Court has ruled is a no-go.
Also exciting.
I'd love to see Thomas writing something to the effect of, "As was noted in Miller v US, weapons of war are particularly protected by the 2nd amendment. Machine guns are emphatically such weapons and are appropriate for the militia."
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