Supreme Court to Consider Whether Bump Stocks Violate Federal Law

Contact Your Elected Officials

The dispute centers around what constitutes an automatic weapon.

The Supreme Court is set to hear arguments on Feb. 28 in the case of Garland v. Cargill, which concerns whether a bump stock transforms a semiautomatic firearm into the type of “machine gun” prohibited under federal law.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) said for years that nonmechanical bump stocks, or those without internal springs, didn’t constitute a machine gun since they didn’t produce automatic fire.

However, the ATF changed its position in 2018 after the mass shooting in Las Vegas when a gunman used devices equipped with bump stocks to kill 58 people.

Michael Cargill, host of the “Come and Talk It” radio show, sued the ATF over its 2018 interpretation, alleging that it violated a portion of the Administrative Procedures Act. Although he lost in two lower court decisions, the Fifth Circuit ultimately ruled in his favor in an en banc, or full court, decision.

In a 13–3 vote, the Fifth Circuit reversed the lower court decision, stating that “an act of Congress is required to prohibit bump stocks.” Eight judges thought that the law unambiguously failed to cover nonmechanical bump stocks, while 12 opined that the rule of lenity required reversal.

The rule of lenity generally directs courts to rule against the government and for a defendant when the law is ambiguous.

Despite winning, Mr. Cargill is requesting that the Supreme Court accept the Justice Department’s (DOJ’s) request for it to consider his case. Both parties note that other circuits have issued conflicting rulings on how to classify bump stocks.

Defining ‘Automatic’

The litigation is perhaps not surprising, as the late Sen. Dianne Feinstein (D-Calif.) warned that the ATF’s rulemaking would result in lawsuits.

“Here’s the bottom line,” she said in a 2017 statement. “The ATF lacks authority under the law to ban bump-fire stocks. Period. The agency made this crystal clear in 2010 and again in a 2013 letter to Congress, writing that ’stocks of this type are not subject to the provisions of federal firearms statutes.’”

By Sam Dorman

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Government Shutdown, Health Care, Tax Breaks=Perfect Storm

The shutdown over cuts to health subsidies for the poor stems from Trump’s OBBB plan, which critics say funneled trillions to the wealthy.

3I/Atlas Comet or UFO Arrives Tomorrow!

The 3I/Atlas object is hurtling toward our solar system on a strange path and composition, set to pass behind the sun, obscuring visual and radio tracking.

‘I’d Be Finished’: Vaccine Researcher Trashes Own Study to Save Career

Most doctors comply with the system, following orders to keep their jobs, income, and prestige, even if it means setting aside independent judgment.

Kamala, Please Run Again

Kamala Harris hinted she wants to run for President in 2028, despite poor poll numbers and her loss in 2024. If she runs, the big winners will be the GOP.

Rosie O’Donnell vs. Her Therapist

Rosie O’Donnell's therapist attempted to artfully introduce to her client to the possibility that Rosie's outrage might be performative. It didn’t take.

Federal Judge Extends Order Blocking Firings During Shutdown

A federal judge on Oct. 28 indefinitely blocked the Trump administration from firing federal employees during the ongoing federal government shutdown.

Los Angeles Dethrones Chicago as ‘Rattiest’ US City

Los Angeles has dethroned Chicago as the “rattiest” U.S. city after more than a decade, becoming the new top haven for rodents.

Prediction of Climate Catastrophe Loses Some of Its Strongest Advocates

Bill Gates says the “doomsday view” of climate catastrophe is wrong, signaling a major shift in the global warming debate.

DOJ to Review Biden’s Use of Autopen for Pardons

The DOJ will review the Biden administration’s use of an autopen for thousands of pardons, U.S. Attorney General Pam Bondi confirmed Tuesday.

Trump, Japanese PM Sign Critical Minerals, Rare Earths Deal

The U.S. president visited Tokyo on the second leg...

Trump Hikes Canada’s Tariffs by 10 Percent for Not Pulling Anti-Tariff Ad Immediately

Trump announced he will increase tariffs on Canada by 10% after ad by provincial government of Ontario misrepresented President Reagan’s speech on tariffs.

Trump Rolls Back Emissions Rules on Copper Smelters

President Trump issued a proclamation aimed at reversing a Biden-era environmental rule that enforced stricter air emission standards on copper smelters.

Donor Gives $130 Million to Cover Shortfall in Troop Pay During Shutdown

Trump announced on Oct. 23 that an anonymous donor sent $130M to cover military pay during the ongoing government shutdown.
spot_img

Related Articles

Popular Categories

MAGA Business Central