After 2017's mass shooting in Las Vegas, President Donald Trump vowed to ban bump stocks, a type of firearm accessory that the shooter reportedly used. "We can do that with an executive order," Trump declared. "They're working on it right now, the lawyers."
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That unilateral executive action has now come under fire from two federal judges appointed by Trump himself.
On March 2, Supreme Court Justice Neil Gorsuch issued a statement respecting the denial of certiorari in Guedes v. Bureau of Alcohol, Tobacco, Firearms and Explosives. The executive branch "used to tell everyone that bump stocks don't qualify as 'machineguns.' Now it says the opposite." Yet "the law hasn't changed, only an agency's interpretation of it," Gorsuch complained. "How, in all of this, can ordinary citizens be expected to keep up….And why should courts, charged with the independent and neutral interpretation of the laws Congress has enacted, defer to such bureaucratic pirouetting?"
Gorsuch wasn't alone. On March 30, Judge Brantley Starr, a Trump appointee who sits on the U.S. District Court for the Northern District of Texas, issued a blistering opinion in Lane v. United States that basically accused the DOJ of ignoring foundational constitutional principles in its defense of Trump's bump stock ban.
