Bump Stock Case Could Nullify Other Biden Admin Gun Control Rules

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by Tyler Durden
Saturday, Nov 11, 2023 - 04:40 PM

Submitted by Gun Owners of America,

After years in litigation, a Trump-era gun control rule is finally headed to the Supreme Court.

The case in question is Cargill v. Garland. In January of 2023, the 5th Circuit decided that bump stocks were not, in fact, machine guns, as they do not meet the definition of 'machine gun' as stated by federal law.

Gun Owners everywhere are saying: "Exactly!"

For those unfamiliar, a bump stock is a device that uses the recoil of a firearm to "bump" the trigger. This causes a semi-automatic firearm to shoot faster. While the ATF now considers this device to be a "machine gun" under federal law, it's worth noting that bump fire can be achieved with belt loops and pants pockets. 

The 5th Circuit ruled against US Attorney General Merrick Garland and blocked the ATF's bump stock rule, which had been in place since 2019. 

Before that decision, GOA had a nearly identical case in the 6th Circuit, GOA v. Garland. But the Supreme Court declined to hear our case when we petitioned them. 

But because our case and Cargill's case are so similar, we've created what's known as a circuit split, which is when two federal courts issue opposite decisions. The circuit split has made it extremely difficult for the Supreme Court to ignore this case. 

And maybe the most important detail is that both cases were filed not on Second Amendment grounds but instead on the fact that ATF exceeded its powers by creating law out of thin air with this "regulation."  

The Supreme Court has an opportunity in this case not just to reign in the rogue bureaucrats at the ATF, but also to put limits on how executive agencies issue regulations. This case could affect many of Biden's more recent gun control regulations, which were issued in the same manner as the Trump-era bump stock ban.

To this day, ATF has gone unchecked by the Supreme Court for this behavior. Even the House of Representatives attempted to smack down the recent ATF pistol brace rule by passing H.J. Res 44. This attempt ultimately failed in the Senate, but only by one vote, and is a massive boon to our current lawsuit against Biden's pistol brace ban. 

When we fight in the courts, we rely on the grievances of our members who we represent. This is why notice and comment periods are so important. Each ATF rule, by law, must go through the notice and comment period. ATF must consider each comment when regulating, so our members need to make their voices heard.

If you didn't already know, we're actually in a notice and comment period right nowBiden is currently directing his Department of Justice and the ATF to "bring the United States as close to universal background checks as possible without the passage of new legislation." 

We're calling on all our members to comment on this new rule. We all know that universal background checks are the first step towards a national gun registry.

We can't allow this to happen. 

Please click here to comment on the ATF's new Universal Background Check rule and help us defeat it! 

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