Category: A Victory!

Bump stocks are now legal! (Photo: Slidefire)

In a 6-3 decision on Friday, the U.S. Supreme Court ruled that semiautomatic rifles with bump stocks aren’t machine guns.

The court said the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) overstepped by classifying them as such. The case, Garland v. Cargill, represents a huge win for the 2A community.

Alan M. Gottlieb, the founder and Executive Vice President of the Second Amendment Foundation (SAF), praised the decision.

“This is a significant victory for gun owners because it reminds the ATF it simply cannot rewrite federal law,” said Gottlieb. “The agency has just been reminded that it can only enforce the law, not usurp the authority of Congress.”

Justice Clarence Thomas, writing for the majority, clarified:

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.’ ATF therefore exceeded its statutory authority by issuing a Rule that classifies bump stocks as machineguns.

The ruling highlighted that for many years, the ATF didn’t consider bump stocks to make rifles machine guns.

This stance changed after the 2017 Las Vegas shooting, leading the ATF to demand bump stock owners surrender or destroy their devices within 90 days.

SAF Executive Director Adam Kraut, who challenged the ATF’s rule in 2018, said, “ATF exceeded its statutory authority by issuing a rule that was logically inconsistent with the plain text of the statute and cut into the prerogative of Congress.”

“As the executive branch has continued to use ATF to implement its will and circumvent congressional authority, we are optimistic that today’s decision will send a message that such actions will not be tolerated and that the courts will strike down more regulations inconsistent with the law as Congress wrote,” he continued.

Meanwhile, Everytown for Gun Safety, the gun-control organization funded by Michael Bloomberg, was irate with the ruling.

“Guns outfitted with bump stocks fire like machine guns, they kill like machine guns, and they should be banned like machine guns — but the Supreme Court just decided to put these deadly devices back on the market,” said John Feinblatt, president of Everytown.

“We urge Congress to right this wrong and pass bipartisan legislation banning bump stocks, which are accessories of war that have no place in our communities,” he added.

Well, there’s no doubt that anti-gun Democrats will move to ban bump stocks following SCOTUS’ decision. The question is whether they’ll have enough support across the aisle to make it law.