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Judge to ATF: Stop making it up as you go along

Arbitrary and capricious: An interesting opinion in which a judge tells the ATF that for something to be a suppressor, it has to actually suppress sound:

A mouse is not an “elephant” solely because it has three characteristics that are common to known elephants: a tail, gray skin, and four legs. A child’s bike is not a “motorcycle” solely because it has three characteristics common to known motorcycles: two rubber tires, handlebars, and a leather seat. And a Bud Light is not “Single-Malt Scotch,” just because it is frequently served in a glass container, contains alcohol, and is available for purchase at a tavern.

And, as the judge noted, one would think that to determine if something is a silencer, ATF probably should measure the sound.

4 Responses to “Judge to ATF: Stop making it up as you go along”

  1. Joe Huffman Says:

    I’ve seen this before.

    🙂

  2. SayUncle Says:

    Yeah, hadn’t read the opinion though.

  3. Lyle Says:

    None of a that matters. What matters is that someone was successfully harassed, incurred expenses, and the rest of us see the trouble one gets into as a member of the gun culture.

  4. KK Says:

    While in general a great opinion, one part really stuck out at me.

    “This illustrates the dangers of a regulatory definition that turns on the subjective purpose of the inventor. In most cases,including this one, a much more useful data point is the device’s actual capabilities.”

    While this particular case may not affect it, that doesn’t bode well for the Sig Stabilizing Brace.