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The U.S. Supreme Court convened\u2062 on Wednesday for oral arguments about whether the federal government \u200dwas right to ban bump stocks on claims the assistive casing transforms semiautomatic rifles into machine guns. <\/p>\n

The justices normally would use their questioning time to evaluate whether bump stocks qualify\u200c as \u201cany weapon which shoots, is designed to shoot,\u2064 or can be readily restored \u2062to shoot, \u2064automatically more than one shot, without manual reloading, by a\u2064 single \u200cfunction of the \u2064trigger,\u201d as defined in the 1934 National Firearms Act and\u2062 Gun Control Act, which prohibits any device that results \u201cin converting a weapon into a machinegun.\u201d<\/p>\n

Instead, oral arguments for Garland v. Cargill<\/em> <\/a>quickly devolved into confusing hypotheticals and debates that stemmed from justices\u2019 incredibly limited understanding\u2064 of how guns work. <\/p>\n

Bump Stock Basics<\/h2>\n
Automatic weapons like machine guns are prohibited under U.S. law as dangerous \u2064and unusual because, with one trigger function, they can discharge hundreds of \u2062rounds per minute. Bump stocks, a simple casing added to the stock of a gun, merely\u2064 aid shooters \u2014\u200d especially those with disabilities \u2014 with trigger dexterity. The modifiers often do help \u200cshooters attain a faster rate of fire, but still \u200crequire multiple trigger\u2063 functions to achieve multiple shots. <\/p>\n
The key differences between automatic and semiautomatic weapons with bump stocks were largely lost on\u200d the justices, especially Ketanji Brown Jackson and Elena Kagan, \u200dwho repeatedly insisted bump stock-equipped guns can\u200d fire\u200d up to 800 rounds a second.<\/a> They, along with the government\u2019s legal team<\/a>, repeated the lie that semiautomatic rifles with modifiers could fire hundreds of shots (in \u200dKagan\u2019s words,\u2062 \u201ca \u200dtorrent of bullets\u201d) each moment. Cargill<\/em> lawyer Johnathan Mitchell corrected them\u200b multiple \u200ctimes. <\/p>\n
\u201cWhy would even a person\u200b with arthritis think they needed to shoot 400 to seven or 800 rounds of ammunition under any circumstance if you don\u2019t let a person\u2063 without arthritis do\u2062 that?\u201d Kagan asked. <\/p>\n
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\u201cThey don\u2019t shoot 400 to 700 rounds because\u200b the magazine only goes up \u2062to 50,\u201d Mitchell explained, noting \u201crapid fire is\u200b not the test under the\u200d statute.\u201d \u201cSo you\u2019re \u200dstill going to have to change the magazine\u200d after every round.\u201d<\/p>\n
Mitchell also repeatedly called out Jackson\u2019s false assertion\u200c that firing a \u2064gun with a\u2062 bump stock only requires one trigger movement. <\/p>\n
\u201cIt\u2019s factually incorrect to say that a function\u2062 to the trigger automatically starts some chain reaction that propels multiple bullets from the gun. A function of the trigger fires one shot, then the shooter must take additional manual action,\u201d Mitchell said. <\/p>\n
Since, in Mitchell\u2019s words, \u201cthe bump stock is neither necessary nor sufficient for the firing of the weapon,\u201d the federal government\u2019s attempt\u200b to outlaw bump stocks based on\u2062 a provision about \u201cthe single function of the\u2062 trigger\u201d does not apply. Kagan \u2063later admitted \u201cI don\u2019t know about these \u200cthings\u201d but claimed that \u201ctextualism is not inconsistent \u200bwith common sense.\u201d<\/p>\n
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\u201cAt some point, you have to apply a little bit of common sense to the way you read\u200c a statute and understand \u200bthat what the statute comprehends is a weapon that \u2064fires a multitude of shots with a single human action, whether it\u2019s a continuous pressure on a conventional machine \u200dgun, pulling the trigger, or a continuous pressure on one of these devices on the barrel,\u201d Kagan\u2062 claimed.<\/p>\n
Law-Abiding Gun Owners On The Hook<\/h2>\n
The Bureau of\u200b Alcohol, Tobacco, Firearms, and Explosives first outlawed the use of mechanical bump stocks shortly\u2063 after they were invented in the early 2000s. Americans who owned non-mechanical<\/em> \u2063bump stocks, \u200dhowever, could continue using them because the ATF determined those require the constant application of \u201cforward pressure with the non-shooting hand \u2063and constant rearward pressure with the shooting hand.\u201d<\/p>\n
It was only after\u2062 the 2017 Las Vegas shooter used bump\u200b stock-equipped \u2064rifles to\u2062 kill 58 and injure hundreds more that the\u200b federal government decided to redefine its \u201cmachine gun\u201d prohibition to \u200binclude non-mechanical bump firing parts. <\/p>\n
Congress \u200cmoved to legislatively ban bump stocks shortly after the\u200c shooting but the ATF beat \u200bit to the punch, signaling\u2062 it would propose a rule aimed at reversing \u201cprevious interpretation that non-mechanical bump stocks<\/a> are not machineguns for purposes of the National Firearms Act \u2062and Gun\u200d Control Act.\u201d <\/p>\n
Approximately one year later, federal officials issued<\/a> a rule classifying semiautomatic rifles with bump stocks as machine guns, which U.S. civilians are prohibited from owning without special federal permission. As a result, Americans \u2062like Texas gun store owner Michael Cargill were forced to destroy or surrender<\/a> their lawfully acquired non-mechanical\u2062 bump stocks to the government\u200b or face felony charges<\/a>. \u2064 <\/p>\n
\u201cEverything about the bump firing process is manual. There\u2062 is no automated device such\u2063 as a \u2063spring or a motor in any of Mr. Cargill\u2019s non-mechanical\u200c bump stocks. The\u2062 process depends entirely \u200don human effort and exertion, as the shooter must \u200bcontinually and repeatedly thrust the force stock of the rifle forward with his nonshooting hand while simultaneously\u200c maintaining backward pressure on the weapon with his shooting hand,\u201d Mitchell clarified.<\/p>\n
The divided Sixth Circuit Court of Appeals ruled<\/a> \u2064 in \u200b2021\u00a0that\u2064 the bump stock ban<\/a> was unconstitutional and no longer enforceable by the ATF.\u2063 In 2023, the Fifth Circuit \u2062Court of Appeals similarly\u2062 held<\/a> the ATF did not have the \u2064authority to change bump stocks\u2019 classification. <\/p>\n
The federal government appealed, which \u2062led to\u2062 the\u2062 Supreme Court.\u200c <\/p>\n
\u201cThe problem for\u200b the government is they\u2019re not able to change the\u200c nature\u2062 of \u200cthe trigger that \u200dcurrently \u200bexists on a semiautomatic rifle simply by adding a bump stock, which\u200c is nothing more than a casing that allows the rifle the slide back and forth. The trigger is exactly the same as what it was before and the function of the trigger is\u200b exactly\u2064 the same as what it was before,\u201d Mitchell noted during\u2062 oral arguments. \u2063 <\/p>\n
The ATF\u2019s rush to rulemaking did not seem to \u200bsit well with Justice Neil Gorsuch. He noted that \u201cthrough many administrations, the government took the position that these\u200c bump stocks are not machine guns.\u201d<\/p>\n
\u201cAnd\u200b then you adopted an interpretive \u200brule, not even\u200b a legislative rule, saying otherwise that would render a quarter of a \u2063million and a half\u2062 million people federal felons. And not even through an APA process they could challenge, subject to 10 years in federal prison. And the\u200d only way they can challenge it is if\u200d they\u2019re prosecuted.\u201d<\/p>\n
Gorsuch warned a government-led prosecution over ATF\u2019s rushed bump stock rule could easily deprive\u200c law-abiding Americans \u201cof guns or guns in the future, as well \u2062as a lot of other rights including the right to vote.\u201d<\/p>\n
U.S. \u200cPrincipal\u2062 Deputy Solicitor General Brian Fletcher claimed the government\u200d sought to \u201cmaximize public notice\u201d about the\u200d rule change through publication in the Federal Register.\u2062 <\/p>\n
\u201cBecause people will sit \u2062down and read the \u200bFederal \u2062Register. That\u2019s what they do in their evening for \u2064fun. Gun owners across the country crack it open next to the fire,\u201d Gorsuch\u200d remarked sarcastically.<\/p>\n
Despite \u200bGorsuch\u2019s hesitation about the government\u2019s rulemaking authority on bump stocks, Fletcher confirmed<\/a> to Justice Samuel Alito that Americans who possessed bump stocks between 2018 and the\u2064 Fifth Circuit\u2019s decision would be eligible for prosecution by the government. <\/p>\n
\u201cI\u2019m\u2062 not aware of a lot of these prosecutions being brought, because we recognize that there \u200bis some\u200b legal uncertainty, \u200dbut I think doctrinally that could happen\u200b all the time,\u201d Fletcher said.<\/p>\n
When Justice\u2063 Brett\u200d Kavanaugh asked<\/a> if someone unaware of the bump stock rule could be convicted, Fletcher reaffirmed that the government could and might prosecute them. <\/p>\n
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rnrn <\/p>\n
What are the key differences between automatic and semiautomatic weapons with bump\u2062 stocks, and how did\u200d the \u2064justices misunderstand \u2063these differences?<\/h2>\n
\u200dThe U.S.\u2064 Supreme\u2062 Court \u2064Convenes for \u2063Oral Arguments on Bump Stock\u200d Ban<\/p>\n
The U.S.\u2064 Supreme\u200d Court recently convened for oral arguments regarding the federal government’s ban\u2064 on bump stocks. \u2064The ban was based on the assertion that these \u200daccessories, which assist in transforming semiautomatic \u200drifles into machine guns, violate federal firearms laws.\u2062 However, \u2064the justices’ \u2062limited\u200c understanding of \u200bhow guns work quickly led the\u200b arguments \u200castray.<\/p>\n
Under U.S. law, automatic weapons like machine guns are prohibited due to their ability to\u2063 discharge \u2064numerous rounds\u200b per\u2062 minute with a single trigger\u200d function. Bump \u200dstocks, on the other hand,\u2062 are\u200d simple \u2064casings added to \u2064gun \u2064stocks that \u2063aid \u2062shooters, particularly those with disabilities, in \u2063trigger dexterity. While these modifiers may increase the rate of fire, achieving multiple shots still requires\u2062 multiple trigger functions.<\/p>\n
Unfortunately, the justices, including Ketanji Brown\u2063 Jackson and Elena Kagan, demonstrated \u2064a lack \u200bof understanding of the key differences between automatic and semiautomatic weapons with bump stocks. They mistakenly claimed that bump stock-equipped guns can\u200c fire up\u200c to 800 \u200brounds per \u2062second. In reality,\u2062 bump \u2063stocks do not allow for\u200d continuous firing, and shooters must \u200dmanually perform additional actions \u200bto \u2062fire subsequent \u2062shots.<\/p>\n
The government’s legal team\u200c also perpetuated this \u200dmisunderstanding, leading to confusion during the oral arguments. Jonathan Mitchell, the lawyer representing Cargill, the plaintiff in the case, corrected these \u2064false\u200b assertions. He\u2062 emphasized that a bump\u200d stock \u200balone is neither necessary nor \u200csufficient for the firing\u2064 of a weapon, rendering \u200cthe government’s attempt to ban them based \u200con the\u2062 “single function of\u2064 the trigger” provision inapplicable.<\/p>\n
Some justices,\u2063 like Kagan, argued that textualism \u200bshould be balanced \u2063with common\u200d sense when interpreting statutes. However,\u200b Mitchell stressed that applying common sense should not deviate \u200bfrom the statutory language \u200dand its intended meaning. \u2063The statutorily defined machine\u200c gun prohibition centers on the ability of a weapon to fire multiple \u2063shots with \u200da single human action,\u2062 which bump stocks do not enable.<\/p>\n
The issue of bump stocks arose after \u2064the 2017 Las Vegas shooting, where the shooter used bump stock-equipped rifles to \u200dcarry out the attack. \u200cIn response, the Bureau of Alcohol,\u200d Tobacco, \u200bFirearms, and\u200d Explosives (ATF) \u200coutlawed mechanical \u2062bump stocks. However, owners of non-mechanical bump stocks were allowed\u200d to continue using them under ATF’s determination that they required specific manual actions.<\/p>\n
Congress subsequently\u200b attempted to legislatively ban bump stocks, but the ATF proposed a\u200b rule before \u2062Congress could act. The rule redefined bump stocks as machine guns, leading to their prohibition without special federal permission. Consequently, law-abiding gun \u2064owners<\/a>, such as Michael\u200b Cargill,\u200d were \u200dforced\u2063 to surrender\u200c their legally acquired non-mechanical bump stocks or face felony charges.<\/p>\n
However, the Sixth Circuit Court of \u200dAppeals ruled \u2062in 2021 that the bump stock\u200b ban was unconstitutional and unenforceable. The \u2064Fifth\u2063 Circuit \u2064Court of Appeals later echoed \u200dthis decision,\u200b stating that the ATF lacked\u2062 the authority\u200d to change \u2062the classification of bump stocks.\u2063 These rulings led to the case’s\u2064 appeal to the Supreme Court.<\/p>\n
During the oral\u200d arguments, Mitchell\u200b emphasized that adding a bump stock\u2062 does not\u200d change the nature \u2064or function of\u200b the trigger on a \u200csemiautomatic rifle. He criticized the ATF’s decision to adopt \u2064an interpretive rule that contradicted previous administrations’ positions on bump \u200cstocks.<\/p>\n
The outcome of this case will have significant implications for gun owners and\u2062 the interpretation of firearms laws. It remains to be seen \u2063how the Supreme Court will \u2062rule on the ban \u200cand whether they will consider the \u200cmisunderstandings\u2062 surrounding bump stocks during the oral arguments.<\/p>\n","protected":false},"excerpt":{"rendered":"
The U.S. Supreme Court met to discuss the ban on bump stocks, which allegedly convert semiautomatic rifles into machine guns. Justices questioned if bump stocks should be considered as weapons that shoot or are designed to shoot<\/p>\n","protected":false},"author":490,"featured_media":2188416,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/02\/Screenshot-2024-02-28-at-10.01.54-AM-e1709136153283-1024x576.png","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-2188415","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/02\/Screenshot-2024-02-28-at-10.01.54-AM-e1709136153283-1024x576.png","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2188415","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/490"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2188415"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2188415\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2188416"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2188415"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2188415"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2188415"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}