Supreme Court overturns bump stock ban, Texas gun owner wants his back
Second Amendment is not a factor in the 6-3 ruling, Plaintiff Michael Cargill told me the ATF has to give back his devices
The Supreme Court ruled 6-3 on Friday that the Trump administration’s ban on bump stocks is not lawful. However, the ruling is not based on the Second Amendment.
Justice Clarence Thomas wrote that the devices that make a semiautomatic gun’s trigger fire faster are not banned by law.
"We hold that a semiautomatic rifle equipped with a bump stock is not a ‘machinegun’ because it cannot fire more than one shot 'by a single function of the trigger.' And, even if it could, it would not do so ‘automatically,” wrote Thomas.
He explained why this is not a Second Amendment issue but rather about the federal government’s power to interpret laws and regulations.
"ATF therefore exceeded its statutory authority by issuing a Rule that classifies bump stocks as machine guns.”
Justice Samuel Alito wrote that Congress can pass a law to ban bump stocks, which seems to mean the devices may still be banned under the Bruen ruling.
Pres. Joe Biden responded to the SCOTUS ruling by calling on Congress to pass a law to ban bump stocks. This will surely be a new campaign issue for him.
You’ll remember I interviewed the plaintiff Michael Cargill when his case was first heard by the high court in February.
He explained his five-year journey to fight in the courts and to get back his own bump stocks in the story below.
The Man who Took Bump Stocks Gun Accessory to the Supreme Court
Cargill, who owns Central Texas Gun Works in Austin, said on Thursday that this ruling will force the government to rescind its ban on arm braces and the requirement that gun parts have serial numbers.
He turned in two bump stocks to the ATF in 2018 when the ruling went into effect. He should be able to get them back now.
My view on bump stocks is…