Gun Owners of Am., Inc. v. Pamela Bondi -Western District of Michigan at Grand Rapids

Circuit 6Mar 2, 2026

Split Score

SplitScore: 58/100

Case Summary

Disposition

Affirmed

The case concerns whether the Bureau of Alcohol, Tobacco, Firearms and Explosives was “substantially justified” in defending its 2018 rule classifying bump-stocks as machineguns, thereby defeating a fee request under the Equal Access to Justice Act. The Sixth Circuit held that, although the government ultimately lost on the merits in the Supreme Court, the agency’s position was reasonable in light of the widespread judicial disagreement and therefore affirmed the district court’s denial of attorney’s fees.

View Full Opinion Document (PDF)

Circuit Split Identified

Legal Issue

Whether a semiautomatic rifle equipped with a bump-stock qualifies as a “machinegun” under 26 U.S.C. § 5845(b).

Circuit Positions

Circuit 5Circuit 6(this circuit)

Bump-stock rifles are NOT machineguns – statutory text unambiguously excludes them

Circuit 0Circuit 10

Bump-stock rifles ARE machineguns – defer to / adopt ATF interpretation

Conflict Summary

The Fifth and Sixth Circuits concluded that bump-stock–equipped rifles are NOT machineguns because each round still requires a separate mechanical function of the trigger, while the Tenth Circuit and the D.C. Circuit upheld the ATF’s contrary rule, agreeing that the bump-stock converts the rifle into a weapon that fires more than one shot automatically by a single trigger function.

Parties & Counsel

Parties

Appellant:Gun Owners of America, Inc., et al.
Appellee:Pamela Bondi; United States Department of Justice; Bureau of Alcohol, Tobacco, Firearms and Explosives; Daniel Driscoll, Acting Director, ATF

Legal Counsel

Appellant:William J. Olson, P.C.; Stamboulieh Law, PLLC; Pentiuk, Couvreur & Kobiljak, P.C.; Ambler Law Offices, LLC
Appellee:United States Department of Justice – Civil Division (Simon G. Jerome, Thomas Pulham, Brad Hinshelwood)