Supreme Court Will Review Federal Bump Stock Ban

Second Amendment

The Supreme Court agreed Friday to hear a case challenging the federal ban on bump stocks.

The Fifth Circuit struck down the ATF’s rule earlier this year in Garland v. Cargill. The Supreme Court granted the government’s appeal of the ruling in a brief order.

The ATF’s bump stock rule was proposed by the Trump administration in the aftermath of the 2017 mass shooting at a Las Vegas concert, which killed 58 and wounded over 500.

“In defining the term machinegun, Congress referred to the mechanism by which the gun’s trigger causes bullets to be fired,” the Fifth Circuit majority found in January. “Policy judgments aside, we are bound to apply that mechanical definition. And applying that definition to a semi-automatic rifle equipped with a non-mechanical bump stock, we conclude that such a weapon is not a machinegun for purposes of the Gun Control Act and National Firearms Act.”

The Sixth Circuit also struck down the rule in a separate case in April. (RELATED: The Supreme Court Is Taking Up Another Major Second Amendment Case. Here’s What You Need To Know)

The Supreme Court previously declined to block the rule in 2019 and rejected two appeals by gun owners seeking to reverse it in 2022. The appeals court rulings this year striking down the rule created a circuit split.

George Mason University Assistant Professor of Law Robert Leider told the Daily Caller News Foundation in October that the case centers on the intersection of administrative and criminal law, rather than the Second Amendment.

“So the question at bottom is whether the agency can resolve the ambiguity in a way that expands the scope of the statute or in a way that is favorable to the government in a criminal prosecution and whether courts have to confirm it,” Leider said.

The Supreme Court is slated to hear another case on Tuesday that challenges the federal law prohibiting individuals subject to domestic violence restraining orders from possessing firearms.

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact

Source link

Articles You May Like

Firearms Resource Center tackles mental health stigma amongst gun owners
Aided and abetted by its Supreme Court – The Leaflet
NRA and Sportsman’s Alliance of Maine should support gun licensing
Gun control bills bring heated testimony to Beacon Hill
King’s bill to regulate assault-style weapons supported by White House, criticized by NRA

Leave a Reply

Your email address will not be published. Required fields are marked *