The Supreme Court of the United States invalidates ATF rule classifying bump stock rifles as machinegunsIn the Garland V. Cargill case, U.S. Supreme Court ruled with a 6-3 majority that a semiautomatic weapon equipped with a buffer stock is NOT machinegun, and the Bureau of Alcohol, Tobacco, Firearms and Explosives had exceeded its authority in issuing a ruling that classified the device a machinegun. The Supreme Court ruled that the ATF bump stock rule is invalid and void. SAF Applauds Supreme Court’s Bump Stocks Ruling: “ATF can’t rewrite law”
The ATF has been reminded that it can only enforce the law, not usurp the authority of Congress. The agency was reminded it could only enforce the laws, and not usurp Congress’ authority. Associate Justice Clarence Thomas wrote for the majority: “We hold that an semiautomatic with a bump-stock is not a “machinegun” because it cannot fire multiple shots “by a single action of the trigger.” And, even if the rifle could, it wouldn’t do so “automatically.” ATF exceeded its statutory authorities by issuing the Rule that classified bump stocks as machineguns. In response to the mass shooting that occurred in Las Vegas, October 2017, ATF “abruptly changed course”. The agency then ordered owners of bump stocks to surrender or destroy them in 90 days. Adam Kraut, Executive Director of the SAF, said that today’s Supreme Court ruling shows that executive agencies are not allowed to rewrite laws. “ATF overstepped its statutory authority when it issued a rule that was logically incompatible with the plain text and eroded the prerogatives of Congress. We are hopeful that this decision will send a clear message to the executive branch that it will not tolerate such actions and will force the courts to strike down any regulations that are inconsistent with the law, as Congress wrote.
The Second Amendment Foundation is the largest and oldest tax-exempt educational, research, publishing, and legal action group in the United States. It focuses on the Constitutional heritage and right to privately own and use firearms. SAF was founded in 1974 and now has more than 720,000 members.
