Celebrating a Victory for 2A Rights: The End of the Bump Stock Ban in Utah

We have great news to share—another victory for our Second Amendment rights! A federal judge in Utah has permanently blocked the enforcement of the now-defunct federal bump stock ban within the state. This decision marks a significant step in the ongoing battle to protect our freedoms from unconstitutional overreach.

The Unconstitutional Bump Stock Ban: A Brief History

In the wake of the tragic 2017 Las Vegas shooting, the Trump administration moved quickly to implement a ban on bump stocks, reclassifying them as machine guns under federal law. This move, while politically expedient, was an unconstitutional overreach by the executive branch. The ATF took it upon itself to redefine the law, bypassing Congress and undermining the rights of law-abiding citizens.

W. Clark Aposhian, a Utah gun advocate, saw this for what it was—an infringement on our Second Amendment rights—and challenged the classification in court. His fight was long and arduous, and although he initially won a temporary stay allowing him to keep his bump stock, it was eventually confiscated from him. But Aposhian didn't give up, and neither did we.

The Supreme Court Ruling: A Restoration of Common Sense

The tide began to turn in June 2024 when the Supreme Court, in a 6-3 decision in Garland v. Cargill, ruled that bump stocks do not convert semi-automatic weapons into machine guns. Justice Clarence Thomas, writing for the majority, made it clear that simply attaching a bump stock does not transform a firearm into a machine gun, despite the device allowing for a faster rate of fire.

This ruling effectively nullified the federal bump stock ban, recognizing that the law cannot be twisted to fit political agendas. This was not just a victory for bump stock owners—it was a victory for all Americans who value their constitutional rights.

The Utah Ruling: Upholding the Constitution

Following the Supreme Court's decision, U.S. District Judge Jill N. Parrish issued a permanent injunction against enforcing the ATF’s bump stock regulation within Utah. This ruling also ordered the return of Aposhian’s confiscated bump stock, five years after it was taken from him. While this may not seem like a landmark decision to some, it is a powerful affirmation that unconstitutional laws cannot be enforced, even when they were imposed under intense political pressure.

Judge Parrish’s ruling sends a clear message: the government cannot overstep its bounds and infringe upon our rights without consequence. The return of Aposhian’s bump stock is a small but significant victory for the Second Amendment and for every American who believes in the rule of law.

What This Means for Utah and Beyond

For gun owners in Utah, this ruling reaffirms their rights and freedoms. Even before the bump stock ban was overturned, Utah has been a state that strongly supports the Second Amendment, allowing gun owners a wide range of liberties. This includes the ability to legally own a machine gun, as long as they meet the necessary requirements.

The ruling also highlights Utah’s stance on firearms: a state that refuses to bow to unconstitutional regulations. Whether it's through laws that protect shooting ranges from public nuisance claims or recent bills that prevent the government from requiring permits or licenses for firearm ownership, Utah continues to stand as a beacon of freedom.

While we celebrate this victory, we must remember that the fight to protect our Second Amendment rights is ongoing. The bump stock ban was an example of how quickly our rights can be threatened, but thanks to vigilant patriots like Aposhian, we are reminded that unconstitutional laws can and will be challenged. Just as we’ve seen with the bump stock ban, we are also actively involved in challenging the ATF's overreach with their frame and receiver rule. Our involvement in the lawsuit against the ATF, alongside our allies, is crucial in defending the rights of those who choose to build their own firearms, including 80% lowers. This is another front in the battle against government overreach, and we are committed to seeing it through to the end.

The battle for our freedoms is never truly over, and we must continue to stand firm against any attempt to undermine the Second Amendment. As we defend the right to own and build firearms, including 80% lowers, we must be ever vigilant, knowing that each victory strengthens our commitment to protect our freedom.