Mystal: The Republic Can’t Survive the Invalidation of Trump’s Bump Stock Ban

…Ian Millhiser brought up a terrible potential effect of this case that somehow makes everything worse: If the court strikes down the bump stock ban now, based on the legal ambiguity of the machine gun ban, it’s likely that Congress will never be allowed to go back and make it clear that bump stocks are, … Read more

Testifying on ATF Administrative Overreach, Ryan Cleckner Gives House Members a Lesson in Civics

Ryan Cleckner knows a few things about standing up for what’s right, even when it’s not easy. The former Special Operations sniper, lawyer, author, former NSSF staff member, firearm safety advocate, industry alumnus and entrepreneur and co-owner of Gun University, a site dedicated to firearm education and regulation compliance, took a turn giving Congress a lesson … Read more

Bump Stocks For Sale Again in Texas, Louisiana, and Mississippi

Jeremiah Cottle, who invented and patented the device, which he calls a slide stock, ran his Moran, Texas-based company Slide Fire Solutions for eight years before the Las Vegas shooting. “And then the government came after me,” Cottle said. On Oct. 1, 2017, a gunman in Las Vegas killed 58 people at an outdoor concert … Read more

Fifth Circuit Finalizes Ruling In Favor of Plaintiff in Cargill v. Garland, Legalizes Bump Stocks in Three States

Breaking News!!! 5th Circuit Court of Appeals issues mandate in Cargill v Garland, Bump Stocks are now legal in TEXAS, LOUISIANA & MISSISSIPPI. @ATFHQ did not request a stay. #2a #texas #txlege #pewpew #guncontrol #guns pic.twitter.com/076gGw5uCC — Michael Cargill (@michaeldcargill) February 28, 2023 In January the Fifth Circuit Court of Appeals ruled that the ATF’s … Read more

In Its Bump Stock Ruling, the Fifth Circuit Declared Separation of Powers is Still a Thing

An appeals court ruling that struck down the Trump-era rule banning bump stocks could have a much wider-reaching impact than just the plastic accessory. The U.S. Court of Appeals for the Fifth Circuit overwhelmingly ruled that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) overstepped its authority when it published a final rule that reclassified bump … Read more

Cooke: The Fifth Circuit Stopped an Unconstitutional Power Grab by the ATF

As anyone who has considered this issue for more than ten minutes will ineluctably comprehend, the entire purpose of writing laws down is to guarantee that, until those laws are changed by legislators, they remain in effect regardless of the transient passions of the mob. The law is the law, and it means what it means, even if … Read more

5th Circuit: The Statutory Definition of ‘Machinegun’ Does Not Apply to Bump Stocks

Since the National Firearms Act of 1934, federal law has heavily regulated machineguns. Indeed, as proposed, that law was known to many as “the Anti-Machine Gun Bill.” The possession or transfer of a machinegun was eventually banned through the Gun Control Act of 1968 and the Firearms Owners’ Protection Act of 1986 [with some guns … Read more

5th Circuit Court of Appeals Strikes Down Trump Bump Stock Ban

By Kevin McGill, AP A Trump administration ban on bump stocks — devices that enable a shooter to rapidly fire multiple rounds from semi-automatic weapons after an initial trigger pull — was struck down Friday by a federal appeals court in New Orleans. The ban was instituted after a gunman perched in a high-rise hotel … Read more

As a Matter of Fact, the Supreme Court Did Not Uphold the ATF’s Bump Stock Ban

First, denying cert in a case is not a ruling on the merits of that case. The decision not to take a case is not an explicit endorsement of a lower court’s ruling. … Second, there is good reason in this instance why the Supreme Court may want to take a wait and see approach to how the … Read more