Bump stock

Last updated

A Slide Fire Solutions bump fire stock on a WASR-10 semiautomatic rifle Slide Fire Solutions Slidefire Stock on a GP WASR-10 AK-47 (no watermark).JPG
A Slide Fire Solutions bump fire stock on a WASR-10 semiautomatic rifle
WASR-10 rifle without a bump stock fitted Century Arms WASR-10.jpg
WASR-10 rifle without a bump stock fitted

Bump stocks or bump fire stocks are gun stocks that can be used to assist in bump firing, the act of using the recoil of a semi-automatic firearm to fire cartridges in rapid succession.

Contents

The legality of bump stocks in the United States came under question [1] [2] [3] following the 2017 Las Vegas shooting, in which 60 people were killed and 869 people injured. [4] [5] [6] The gunman was found to have fitted bump stocks to his weapons. [7] Several states passed legislation restricting ownership of bump stocks following this shooting. In December 2018, the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) published a rule that bump stocks constituted "machine guns", and thus were effectively illegal under federal law. The Supreme Court vacated this regulation in June 2024 in Garland v. Cargill . Bump stocks remain illegal in 15 states and the District of Columbia based on state bans not affected by the Supreme Court ruling. [8]

Bump fire stocks

A bump stock causes the trigger (red) to be actuated when the receiver moves forward, being reset each round by receiver recoil. This allows semi-automatic firearms to somewhat mimic fully automatic weapons. Bump fire animation.gif
A bump stock causes the trigger (red) to be actuated when the receiver moves forward, being reset each round by receiver recoil. This allows semi-automatic firearms to somewhat mimic fully automatic weapons.

Bump fire stocks are gun stocks that are specially designed to make bump firing easier, but do not make the firearm automatic. [9] Essentially, bump stocks assist rapid fire by "bumping" the trigger against one's finger (as opposed to one's finger pulling on the trigger), thus allowing the firearm's recoil, plus constant forward pressure by the non-shooting arm, to actuate the trigger. Bump fire stocks can be placed on a few common weapons such as the AR or AK families. They can achieve rates of fire between 400 and 800 rounds per minute depending on the gun. [1] By 2018, bump fire stocks in the United States were sold for around $100 and up, with prices increasing prior to enactment of federal regulation. [1] [10]

Slide Fire Solutions, the inventor, patent holder, and leading manufacturer of bump stocks, suspended sales after bump stocks were used in the 2017 Las Vegas shooting, and resumed sales a month later. [11] [12] On May 20, 2018, 95 days after the Parkland high school shooting, Slide Fire Solutions permanently halted sales and production of its products even though bump stocks were not involved in the shooting. [13] However, after the June 2024 ruling, Slide Fire announced they are producing bump fire stocks again. [14]

Regulatory status in the United States

Legality of bump stocks in the United States at the state level as of 2019. .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} Bump stocks legal Legality unclear Bump stocks illegal Bump Stock legality.svg
Legality of bump stocks in the United States at the state level as of 2019.
  Bump stocks legal
  Legality unclear
  Bump stocks illegal
States banning bump stocks in 2024 States with laws banning bumpstocks 2024.png
States banning bump stocks in 2024

Bump stocks are banned in California, Connecticut, DC, Delaware, Florida, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Rhode Island, Vermont, and Washington, according to Everytown for Gun Safety as of June 14, 2024. [15] [16]

History of regulation

United States

In 2002, one of the first bump stock-type devices, the Akins Accelerator invented by Bill Akins, was deemed by the US Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to not be a "machine gun". The Akins Accelerator used an internal spring to force the firearm forward to re-make contact with the trigger finger after the recoil of the previous shot pushed the firearm rearward. [17] [18] The ATF interpreted a "single function of the trigger" to mean a "single movement of the trigger", and since the trigger moved for each shot, the Akins Accelerator was deemed to not be a machine gun. [18] Later, in 2006, the ATF reversed course and reinterpreted the language to mean "single pull of the trigger", which reclassified the Akins Accelerator as a machine gun. The Eleventh Circuit Court of Appeals upheld the new interpretation in February 2009. [19]

More modern bump stocks were invented by Slide Fire Solutions founder Jeremiah Cottle as a replacement stock for people who have limited hand mobility. [20] Such bump stocks have no internal spring and require the shooter to use their support hand to maintain constant forward pressure on the front of the rifle in order to achieve continuous fire. [18] Between 2008 and 2017, the ATF issued ten letter rulings that classified bump stocks as a "firearm part", which are unregulated. [21] [22] However, in March 2018, as a result of the use of bump stocks in the 2017 Las Vegas shooting, at the request of President Trump through executive order, the U.S. Department of Justice announced a plan to reclassify bump stocks as "machine guns" under existing federal law, effectively [Note 1] banning them nationwide. [23] [24] Only two states had banned bump stocks prior to the Las Vegas shooting. The final rule of the DoJ was issued on December 18, 2018. [25] [26]

Bump stocks remained illegal for nearly all US civilians until the regulation was struck down on June 14, 2024, by the U.S. Supreme Court decision in Garland v. Cargill .

Public opinion

Immediately following the 2017 Las Vegas shooting, 72% of registered voters supported a bump stock ban, including 68% of Republicans and 79% of Democrats, according to a Morning Consult poll. [27] After the Parkland shooting, a 2018 NPR/Ipsos poll found that 81% of American adults supported and 62% strongly favored banning bump stocks with a margin of error of ±3.5 percentage points. [28] Another poll, by CBS News, around the same time, found that 56% of American adults supported banning bump stocks with a margin of error of ±4 percentage points. [29]

2018 Final Rule

The ATF ruled in 2010 that bump stocks were not a firearm subject to regulation and allowed their sale as an unregulated firearm part. [1] [2] [3] In the 2017 Las Vegas shooting, twelve bump stocks were found at the scene. [7] The National Rifle Association stated on October 5, 2017, "Devices designed to allow semi-automatic rifles to function like fully-automatic rifles should be subject to additional regulations", and called on regulators to "immediately review whether these devices comply with federal law". [30] The 2017 shooting generated bipartisan interest in regulating bump stocks. [31] On October 4, 2017, Senator Dianne Feinstein introduced a bill to ban bump stocks, [1] but it was not acted upon. Instead, on February 20, 2018, six days after the Parkland shooting, President Trump instructed the ATF to issue regulations to treat bump stocks as machine guns. [32]

President Donald Trump blamed former President Barack Obama for having "legalized bump stocks", which he termed a "BAD IDEA", [33] a claim which was found to be partly erroneous by USA Today , with an ATF official involved in the decision saying neither Obama nor then-Attorney General Eric Holder advised the agency on its ruling and a constitutional law professor explaining that the administration did not possess the legal authority to ban the sale of the devices. [34] On March 23, 2018, at President Trump's request [33] the Department of Justice announced a plan to ban bump stocks at the federal level. The proposed change would reclassify bump stocks as "machine guns" and effectively [Note 1] ban the devices in the United States under existing federal law. [23] A notice of proposed rulemaking was issued by the ATF on March 29, 2018, and opened for public comments. [24] [35] Over 119,000 comments were submitted in support of the proposed rule, while over 66,000 comments expressed opposition to it. [26] On December 18, 2018, the final regulation to ban bump stocks was issued by the Department of Justice and published in the Federal Register on December 26. [21] [26] [36] The final rule stated that "bump-stock-type devices" are covered by the Gun Control Act, as amended under the Hughes Amendment, which with limited exceptions, makes it unlawful for any person to transfer or possess a machine gun unless it was lawfully possessed prior to 1986. Since the bump-stock-type devices covered by this final rule were not in existence prior to 1986, they would be prohibited when the rule becomes effective. [26] The ban went into effect on March 26, 2019, by which owners of bump stocks were required to destroy or surrender them to the ATF, punishable by up to a $250,000 fine and/or prison sentences of up to ten years. [26] [37]

2024 vacating of the 2018 Final Rule

On June 14, 2024, the 2018 final rule by the Bureau of Alcohol, Tobacco, Firearms and Explosives was vacated by the Supreme Court of the United States in the decision for Garland v. Cargill (2024). In that decision, Associate Justice Clarence Thomas, writing for the six member majority, stated the 2018 final rule exceeded the ATF's statutory authority under the National Firearms Act of 1934 as a bump stock does not satisfy the Act's definition of machine gun. [38]

State

Prior to the federal ban effective March 26, 2019, some states had taken action on their own to restrict ownership of the accessory. Since 1990, the sale of bump stocks has been illegal in California. They were banned in New York with the passage of the NY SAFE Act in 2013, and more explicitly banned in early 2019. [39] The device's legal status is unclear in Connecticut, Michigan, Minnesota, and Puerto Rico. [40]

After the 2017 Las Vegas shooting

In his final day as governor in January 2018, New Jersey Governor Chris Christie signed legislation making the gun accessory illegal in New Jersey. [41] Massachusetts banned bump stocks after the 2017 Las Vegas shooting. [12]

In March 2018, following the Parkland high school shooting, Florida enacted SB 7026, which, among other things, banned bump stocks. [42] [43] The portion of the legislation banning bump stocks took effect in October 2018; possession in Florida is a third-degree felony. [44] Vermont passed a similar law in 2018, which went into effect in October 2018; possession in Vermont is a misdemeanor. [45] Delaware, [46] Hawaii, [47] Maryland, [48] Washington, [49] Washington D.C., [50] and Nevada [51] have also banned bump stocks.

Some states that do not ban bump stocks may have localities that ban them, such as Northbrook, Illinois (April 2018); [52] Boulder, Colorado (May 2018); [53] and others.

United Kingdom

In May 2019, the Offensive Weapons Act 2019 prohibited bump stocks in the UK. [54]

Federal lawsuits

Several gun rights groups have challenged the federal regulation. [55] [56]

Cargill (Supreme Court)

An Austin, Texas firearms store owner, Michael Cargill, sued ATF in 2019, in the U.S. District Court for the Western District of Texas, similarly challenging the authority of the agency to classify bump stocks as illegal machine guns. Cargill is also represented by the New Civil Liberties Alliance. [57] [58] [59] The district court dismissed the suit in November 2020. [57] On 14 December 2021, a unanimous three-judge panel on the U.S. Court of Appeals for the Fifth Circuit upheld the ban. [60] On 23 June 2022, the court reversed the panel decision and took the case en banc. Oral argument was heard on 12 September 2022. [61] On 6 January 2023, the court's full panel ruled that bump stocks are not machine guns and reversed the district court. [62]

On June 14, 2024, upon appeal before the Supreme Court of the United States, the 2018 final rule was vacated in a 6–3 decision. [63]

Other Administrative Procedure Act lawsuits

Gun Owners of America (Sixth Circuit)

In December 2018, Gun Owners of America sued the federal government in the U.S. District Court for the Western District of Michigan, challenging the bump stock ban. [64] On 21 March 2019, the group's request for a preliminary injunction was denied by the district court. [65] The U.S. Court of Appeals for the Sixth Circuit and U.S. Supreme Court both denied a stay on the effective date of the regulation pending the appeal. [66]

Following oral argument in December 2020, the Sixth Circuit panel issued a 2–1 ruling in favor of the plaintiffs on 25 March 2021. [67] The majority decision, written by Judge Alice M. Batchelder and joined by Judge Eric E. Murphy, ruled that (1) an agency's interpretation of a criminal statute is not entitled to Chevron deference, (2) bump stocks cannot be classified as machineguns, thus the ATF's rule is not the best interpretation of the law, and (3) the plaintiffs are likely to prevail in their challenge, therefore the district court should have granted an injunction. The court remanded the case back to the district court for proceedings in accordance with its opinion (i.e., to issue an injunction). [67] [68] [69] Judge Helene White dissented, writing that the Supreme Court had previously applied Chevron deference to agency interpretations of criminal statutes in the cases of Babbitt v. Sweet Home Chapter of Communities for a Great Oregon and United States v. O'Hagan . [67] The appeals court granted an en banc petition on 25 June 2021 [70] and heard oral argument in October 2021. [71] On 3 December 2021, the court issued an 8–8 split decision, thus leaving the district court's denial of a preliminary injunction in place. [72] The Supreme Court declined to hear the case on 3 October 2022. [73]

Firearms Policy Coalition (D.C. Circuit)

The Firearms Policy Coalition and other gun-rights groups sued in the federal district court in Washington, D.C., also seeking an injunction. [74] In February 2019, U.S. District Judge Dabney L. Friedrich denied the Firearms Policy Coalition's request for an injunction, determining that the group had not put forward convincing legal arguments that the ban was invalid. [74] [75] The U.S. Court of Appeals for the D.C. Circuit stayed the effective date of the regulation, but only as applied to the plaintiffs and their members. [76] A broader injunction was denied by the Supreme Court. [77]

On 1 April 2019, the D.C. Circuit affirmed the district court's denial of a preliminary injunction in a per curiam decision, based largely on Chevron deference. The decision allowed the ban to go into effect for the plaintiffs. Judge Karen L. Henderson issued an opinion concurring in part and dissenting in part. [76] A second stay application was denied by the Supreme Court on 5 April 2019, with Thomas and Gorsuch indicating that they would have granted the application. [78] [79] The Supreme Court denied a petition for a writ of certiorari (petition for review) on 2 March 2020; Gorsuch issued a statement agreeing that the time was not right for Supreme Court review, but criticizing the D.C. Circuit's position and writing that "Chevron's application in this case may be doubtful." [80]

The case then returned to the district court on the merits, and in February 2021, the court granted summary judgment in favor of the government, holding that Chevron deference applied; that ATF had the authority to state that the NFA's definition of "machinegun" includes bump stocks; and that ATF's interpretation of the statutory language was reasonable. The court also rejected the plaintiffs' Taking Clause and ex post facto clause claims, as well as their claim that the underlying statutes were impermissibly vague. [81] On 9 August 2022, the D.C. Circuit Court of Appeals upheld the ban by reasoning that it was the best reading of the law without applying Chevron deference. [82] [83] A petition for an en banc rehearing was denied on 2 May 2023. [84] The case is pending before the Supreme Court. [85]

Aposhian (Tenth Circuit)

In 2019, W. Clark Aposhian, the chairman of the Utah Shooting Sports Council, a gun rights group, sued the ATF in the federal district court of Utah over the bump stock ban, arguing that the promulgation of the regulation exceeded the ATF's statutory authority. Aposhian is represented by the New Civil Liberties Alliance. [57] [86] The district court denied the plaintiffs' request for a preliminary injunction to block the ban in March 2019. [87] [88] In March 2019, the U.S. Court of Appeals for the Tenth Circuit granted a temporary stay that applies only to the plaintiff, [89] but ultimately upheld the denial of a preliminary injunction. [90] In April 2019, in a divided opinion, the Tenth Circuit denied the motion for a stay, and a divided panel upheld the district court's ruling. The appeals court granted review en banc (i.e., by the full court), but ultimately dismissed the grant of en banc rehearing as improvidently granted, allowing the panel decision (and thus the bump-stock ban) to stay in place. [90] [91] The Supreme Court declined to hear the case on 3 October 2022. [92] On 29 September 2023, the district court upheld the rule under Chevron deference. [93]

Takings Clause lawsuits

Maryland Shall Issue (Fourth Circuit)

In June 2018, the group Maryland Shall Issue filed a putative class action lawsuit in the federal district court in Maryland, challenged 2018 Maryland Senate Bill 707 which banned "rapid-fire trigger activators"; [94] the plaintiffs alleged that the ban was an unconstitutional taking requiring just compensation, among other challenges. In November 2018, the district court dismissed the case. [95] In June 2020, the U.S. Court of Appeals for the Fourth Circuit affirmed the dismissal of the suit in a 2–1 vote. [96] [97] In May 2021, the Supreme Court declined to hear the case. [98] [99]

Federal claims lawsuits (C.F.C.)

Two similar lawsuits were filed in the United States Court of Federal Claims challenging the federal bump-stock ban—one filed by bump stock owners (McCutchen), the other by bump-stock suppliers (Modern Sportsman and RW Arms). Both were dismissed. [100] [101] [102] [103] In the latter case, the court held that the ATF Final Rule banning bump stocks "was promulgated pursuant to the police power to protect public safety and therefore not a compensable taking under the Fifth Amendment." [103] Both cases were unsuccessfully appealed to the Court of Appeals for the Federal Circuit. En banc petitions were denied and the Supreme Court denied review. [104]

Lane (N.D. of Texas)

In another case, filed in the District Court for the Northern District of Texas, the government failed to have the case dismissed, but was given another opportunity to argue so. However, the case is now stayed pending the outcome of McCutchen and Modern Sportsman. [105]

Miscellaneous lawsuits

Hardin (Sixth Circuit)

Another challenge, filed in the District Court for the Western District of Kentucky, was unsuccessful. [106] The Sixth Circuit Court of Appeals heard the case on 19 January 2023, and ruled on 25 April 2023, that bump stocks are not machineguns. [107]

Doe (Federal Circuit)

A class action lawsuit filed in the U.S. District Court for the Southern District of Illinois seeking immunity for legal purchasers of bump stocks prior to the ATF rule change was denied by the court in June 2020. [108] On 31 October 2022, the United States Court of Appeals for the Federal Circuit upheld the ban. [109]

Kalzahg (N.M.C.C.A.)

The Navy-Marine Corps Court of Criminal Appeals ruled on 7 September 2021, that a bump stock does not fall under the definition of a machinegun. The ruling was not appealed by the government. [110]

State lawsuits

Florida

Florida banned bump stocks in October 2018. A class action lawsuit challenging the ban as an unconstitutional taking requiring just compensation was unsuccessful in the Leon County circuit court in May 2019 [111] and in the 1st District Court of Appeal in January 2021. [112]

Patent infringement suit

Slide Fire Solutions filed suit against Bump Fire Systems for infringement of its patents on bump stock designs in 2014. [113] The suit alleged that Bump Fire Systems infringed eight US Patents, for example, United States Patent No. 6,101,918 entitled "Method And Apparatus for Accelerating the Cyclic Firing Rate of a Semi-Automatic Firearm" [114] and United States Patent No. 8,127,658 entitled "Method of Shooting a Semi-Automatic Firearm". [115] The suit was settled in 2016, resulting in Bump Fire Systems ceasing manufacture of the product in contention. [116]

Other lawsuits

Survivors of the 2017 Las Vegas shooting sued bump stock patent holder and manufacturer Slide Fire Solutions, claiming the company was negligent and that they deliberately attempted to evade U.S. laws regulating automatic weapons: "this horrific assault would not and could not have occurred, with a conventional handgun, rifle, or shotgun, of the sort used by law-abiding responsible gun owners for hunting or self defense." [13] The suit was dismissed in September 2018; the court determined that the bump stocks of the sort used by gunman Stephen Paddock to commit the murders, were "firearm components" rather than "firearm accessories" and were therefore subject to the Protection of Lawful Commerce in Arms Act (PLCAA), a federal law immunizing manufacturers and sellers of firearms from liability for harm "caused by those who criminally or unlawfully misuse firearm products". [117] [118]

See also

Notes

  1. 1 2 Machineguns manufactured after May 1986 are illegal on the federal level, but pre-1986 ones remain legal in most states and are highly regulated. Since bump stocks were not invented until 2010, all existing supplies effectively become illegal if classified as a machinegun.

Related Research Articles

<span class="mw-page-title-main">Gun politics in the United States</span>

Gun politics in the United States is characterized by two primary opposing ideologies regarding private firearm ownership.

Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws.

<span class="mw-page-title-main">Short-barreled rifle</span> Type of rifle

Short-barreled rifle broadly refers to any rifle with an unusually short barrel. The term carbine describes a production rifle with a reduced barrel length for easier handling in confined spaces. Concern about concealment for illegal purposes has encouraged regulations specifying minimum barrel lengths and overall lengths.

In the United States, the right to keep and bear arms is modulated by a variety of state and federal statutes. These laws generally regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories. They are enforced by state, local and the federal agencies which include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

<span class="mw-page-title-main">Gun laws in California</span>

Gun laws in California regulate the sale, possession, and use of firearms and ammunition in the state of California in the United States.

<span class="mw-page-title-main">David Alan Ezra</span> American judge (born 1947)

David Alan Ezra is a senior United States district judge of the United States District Court for the District of Hawaii. Since January 2013, Ezra has been designated by the Chief Justice of the United States Supreme Court to serve on the United States District Court for the Western District of Texas, San Antonio and Austin Divisions to help ease the heavy workload for the federal judges in Texas. Judge Ezra is often designated to sit on the United States Court of Appeals for the Ninth Circuit where he holds the record for the most designated sittings of any judge in that Court’s history.

<span class="mw-page-title-main">Gun laws in Florida</span>

Gun laws in Florida regulate the sale, possession, and use of firearms and ammunition in the state of Florida in the United States.

<span class="mw-page-title-main">Gun laws in Illinois</span>

Gun laws in Illinois regulate the sale, possession, and use of firearms and ammunition in the state of Illinois in the United States.

<span class="mw-page-title-main">AR-15–style rifle</span> Class of semi-automatic rifles

An AR-15–style rifle is a lightweight semi-automatic rifle based on or similar to the Colt AR-15 design. The Colt model removed the selective fire feature of its predecessor, the original ArmaLite AR-15, which is a scaled-down derivative of the AR-10 design. It is closely related to the military M16 rifle.

<span class="mw-page-title-main">3D printed firearm</span> Firearm created using 3D printing

A 3D printed firearm is a firearm that is partially or primarily produced with a 3D printer. While plastic printed firearms are associated with improvised firearms, or the politics of gun control, digitally-produced metal firearms are more associated with commercial manufacturing or experiments in traditional firearms design.

<span class="mw-page-title-main">Assault weapons legislation in the United States</span>

Assault weapons legislation in the United States refers to bills and laws that define and restrict or make illegal the manufacture, transfer, and possession of assault weapons. How these firearms are defined and regulated varies from jurisdiction to jurisdiction; generally, this constitutes a list of specific firearms and combinations of features on semiautomatic firearms.

<span class="mw-page-title-main">2017 Las Vegas shooting</span> Deadliest mass shooting in U.S. history

On October 1, 2017, a mass shooting occurred when 64-year-old Stephen Paddock opened fire on the crowd attending the Route 91 Harvest music festival on the Las Vegas Strip in Nevada from his 32nd-floor suites in the Mandalay Bay hotel. He fired more than 1,000 rounds, killing 60 people and wounding at least 413. The ensuing panic brought the total number of injured to approximately 867. About an hour later, he was found dead in his room from a self-inflicted gunshot wound. The motive for the shooting is officially undetermined.

<span class="mw-page-title-main">Julius N. Richardson</span> American judge (born 1976)

Julius Ness "Jay" Richardson is an American judge and lawyer who serves as a United States circuit judge of the United States Court of Appeals for the Fourth Circuit. He was formerly an Assistant United States Attorney for the District of South Carolina.

<span class="mw-page-title-main">Eric E. Murphy</span> American federal judge (born 1979)

Eric Earl Murphy is an American lawyer and jurist serving since 2019 as a U.S. circuit judge of the U.S. Court of Appeals for the Sixth Circuit. He previously served as the Solicitor General of Ohio from 2013 to 2019.

<span class="mw-page-title-main">Homemade firearm</span> Firearm made by a private individual

A homemade firearm, also called a ghost gun or privately made firearm, is a firearm made by a private individual, in contrast to one produced by a corporate or government entity. The term ghost gun is used mostly in the United States by gun control advocates, but it is being adopted by gun rights advocates and the firearm industry.

<span class="mw-page-title-main">Glock switch</span> Auto sear installable on a Glock

A Glock switch is a small device that can be attached to the rear of the slide of a Glock handgun, changing the semi-automatic pistol into a selective fire machine pistol capable of fully automatic fire. As a type of auto sear, it functions by applying force to the trigger bar to prevent it from limiting fire to one round of ammunition per trigger pull. This device by itself, regardless if it is installed on a slide or not, is considered by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to be a machine gun, making possession of the device illegal in the United States under most circumstances.

Garland v. Cargill, 602 U.S. 406 (2024), was a United States Supreme Court case regarding the classification of bump stocks as "machine guns" under the National Firearms Act of 1934 (NFA) by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in 2018. In a 6-3 decision, the Supreme Court ruled that bump stocks are not machine guns for purposes of the NFA, vacating the ATF rule and finding that the ATF exceeded its statutory authority.

A binary trigger is a type of device that allows a semi-automatic firearm to fire at an increased rate. A binary trigger works by firing one shot upon pulling the trigger and then firing a subsequent shot upon release of the trigger.

<span class="mw-page-title-main">Firearms Policy Coalition</span> US gun rights organization

The Firearms Policy Coalition (FPC) is a gun rights organization in the United States, which aims to advance gun rights in the United States via legal action, in keeping with its stated goal to "restore the essential right to keep and bear arms in the United States." The FPC seeks to approach gun rights advocacy in a more targeted and effective way than the National Rifle Association of America (NRA), specifically by working with targeted legal teams to advance legislation in support of gun rights causes.

Michael Cargill is an American gun rights activist. He is the host of the gun rights radio show, Come And Talk It. He is also the owner of Central Texas Gun Works.

References

  1. 1 2 3 4 5 "The "bump stocks" used in the Las Vegas shooting may soon be banned". The Economist . October 6, 2017. Archived from the original on April 22, 2023.
  2. 1 2 Krouse, William J. (October 10, 2017). Gun Control: "Bump-Fire" Stocks (PDF). Washington, D.C.: Congressional Research Service. Archived from the original (PDF) on April 21, 2023. Retrieved December 12, 2017.
  3. 1 2 Peck, Sarah Herman (April 11, 2018). ATF's Ability to Regulate "Bump Stocks" (PDF). Washington, DC: Congressional Research Service. Archived from the original (PDF) on April 23, 2023. Retrieved April 18, 2018.
  4. ↑ Lacanlale, Rio (August 24, 2020). "California woman declared 59th victim of 2017 massacre in Las Vegas". The Las Vegas Review-Journal. Archived from the original on March 23, 2023. Retrieved August 27, 2020.
  5. ↑ Lacanlale, Rio (September 17, 2020). "Las Vegas woman becomes 60th victim of October 2017 mass shooting". The Las Vegas Review-Journal. Archived from the original on March 7, 2023. Retrieved September 17, 2020.
  6. ↑ "LVMPD Criminal Investigative Report of the 1 October Mass Casualty Shooting" (PDF). Archived from the original (PDF) on April 25, 2023. Retrieved March 13, 2020– via www.lvmpd.com.
  7. 1 2 "What Is a Bump Stock and How Does It Work?". The New York Times . February 20, 2018 [4 October 2017]. Archived from the original on May 16, 2023.
  8. ↑ "Bump Stock Legality by State 2024". worldpopulationreview.com. Retrieved June 18, 2024.
  9. ↑ Chavez, Nicole. "Bump stock: The device found on Las Vegas shooter's guns". CNN. Archived from the original on April 22, 2023. Retrieved October 6, 2017.
  10. ↑ Berr, Jonathan (February 22, 2018). "Bump stock prices soar ahead of potential federal ban". CBS News . Archived from the original on April 22, 2023. Retrieved April 11, 2018.
  11. ↑ Mann, Brian (November 7, 2017). "Bump Stock Manufacturer To Resume Sales Of Controversial Device". All Things Considered . NPR. Archived from the original on April 23, 2023. Retrieved July 24, 2018.
  12. 1 2 Lartey, Jamiles (November 7, 2017). "Leading bump stock maker briefly makes product available again". The Guardian . Archived from the original on April 23, 2023. Retrieved July 24, 2018.
  13. 1 2 Romo, Vanessa (April 18, 2018). "Bump Stock Manufacturer Is Shutting Down Production". NPR. Archived from the original on April 23, 2023. Retrieved July 24, 2018.
  14. ↑ https://bumpstock.com/about/
  15. ↑ Mannweiler, Laura (June 14, 2024). "Supreme Court Strikes Down Bump Stock Ban: What to Know". U.S. News .
  16. ↑ https://worldpopulationreview.com/state-rankings/bump-stock-legality-by-state
  17. ↑ "Inventor of 'bump stock' spent years fighting for device, and lost". Reuters . October 6, 2017. Archived from the original on April 21, 2023. Retrieved April 1, 2019.
  18. 1 2 3 "GUEDES v. ATF" (PDF). Archived from the original (PDF) on April 1, 2019.
  19. ↑ "Akins v. US".
  20. ↑ Dwyer, Devin; See, Patty; Gehlen, Bobby (February 26, 2024). "Machine gun or firearm toy? Bump stock creator speaks out ahead of Supreme Court hearing on ban". ABC News . Retrieved June 15, 2024.
  21. 1 2 "Bump-Stock-Type Devices". Federal Register. December 26, 2018. Retrieved March 27, 2019.
  22. ↑ Hsu, Tiffany (October 5, 2017). "Bump Stock Innovator Inspired by People Who 'Love Full Auto'". The New York Times . ISSN   0362-4331. Archived from the original on April 23, 2023. Retrieved March 27, 2019.
  23. 1 2 "Sessions effectively bans bump stocks". Axios . March 23, 2018. Archived from the original on April 23, 2023. Retrieved March 24, 2018.
  24. 1 2 Horwitz, Sari (March 23, 2018). "Justice Department proposes banning bump stocks, branding them machine guns". The Washington Post . ISSN   0190-8286. Archived from the original on April 1, 2018. Retrieved March 24, 2018.
  25. ↑ "US officially bans 'bump stocks' on guns". BBC News . December 19, 2018. Archived from the original on April 24, 2023. Retrieved December 19, 2018.
  26. 1 2 3 4 5 Savage, Charlie (December 18, 2018). "Trump Administration Imposes Ban on Bump Stocks". The New York Times . Archived from the original on April 16, 2023.
  27. ↑ Sanger-Katz, Margot; Bui, QuocTrung (October 12, 2017). "A Bump Stock Ban Is Popular With the Public. But Experts Have Their Doubts". The New York Times . Archived from the original on April 28, 2023. Retrieved June 15, 2024.
  28. ↑ Khalid, Asma (March 2, 2018). "NPR Poll: After Parkland, Number of Americans Who Want Gun Restrictions Grows". Morning Edition . NPR. Archived from the original on May 16, 2023. Retrieved July 24, 2018.
  29. ↑ "Poll: Support for stricter gun laws rises; divisions on arming teachers". CBS News . February 23, 2018. Archived from the original on May 16, 2023. Retrieved July 24, 2018.
  30. ↑ "Las Vegas shooting: NRA urges new rules for gun 'bump-stocks'". BBC News . October 5, 2017. Archived from the original on April 23, 2023. Retrieved October 5, 2017.
  31. ↑ Connolly, Griffin (October 5, 2017). "House GOP Shows 'Overwhelming' Interest in Bipartisan Bump Stock Bill". Roll Call. Archived from the original on December 15, 2022.
  32. ↑ Carter, Brandon; Wheeler, Lydia (February 20, 2018). "Trump to take steps to ban bump stocks". The Hill . Archived from the original on April 26, 2023. Retrieved February 20, 2018.
  33. 1 2 Dan Merica. "Trump moves closer to banning bump fire stocks". CNN, 23 March 2018. Accessed 10 March 2021. (Archive)
  34. ↑ Cummings, William. "Trump blames Obama for legalizing bump stocks in a tweet. Is he right?". USA Today . Archived from the original on April 22, 2023. Retrieved May 25, 2022.
  35. ↑ "Regulations.gov". Regulations.gov. Retrieved March 31, 2018.
  36. ↑ Bump-Stock-Type Devices, 83 Fed. Reg. 66,514 (26 Dec. 2018). (Archive)
  37. ↑ Owen, Tess (March 26, 2019). "Owning a bump stock can now get you 10 years in prison". Vice . Archived from the original on April 26, 2023. Retrieved March 27, 2019.
  38. ↑ Jouvenal, Justin; Marimow, Ann E. (June 15, 2024). "Supreme Court strikes down Trump-era federal ban on bump stock devices". Washington Post. ISSN   0190-8286 . Retrieved June 15, 2024.
  39. ↑ Wang, Vivian; McKinley, Jesse (January 29, 2019). "New York Passes First Major Gun Control Bills Since Sandy Hook". The New York Times . ISSN   0362-4331. Archived from the original on May 16, 2023. Retrieved August 1, 2019.
  40. ↑ "Where are bump-fire stocks illegal? Feds, states weigh bans after Las Vegas shooting". CBS News . October 6, 2017. Archived from the original on April 21, 2023.
  41. ↑ "N.J. bans gun device used in Las Vegas shooting after Christie signs bill". NJ.com. January 15, 2018. Archived from the original on April 25, 2023.
  42. ↑ "Florida Senate passes bill raising age to buy guns". CNN . Athena Jones, Darran Simon and Carolyn Sung. Archived from the original on April 21, 2023. Retrieved March 8, 2018.
  43. ↑ "The NRA sued to block Florida's new gun law hours after it was passed". Vox . Archived from the original on April 22, 2023. Retrieved March 13, 2018.
  44. ↑ Sampson, Zachary T. (February 8, 2018). "Bump stocks have been banned for months in Florida, but is anyone listening?". Tampa Bay Times. Archived from the original on April 23, 2023.
  45. ↑ McCullum, April (September 24, 2018). "Vermont gun laws: What to know about new bump stock ban". Burlington Free Press. Archived from the original on May 25, 2023. Retrieved February 12, 2019.
  46. ↑ "Delaware's bump stock ban to take effect after buyback events". WHYY. Archived from the original on April 21, 2023. Retrieved November 22, 2018.
  47. ↑ "Hawaii lawmakers pass bump stock ban". Associated Press. Archived from the original on April 22, 2023. Retrieved April 28, 2018.
  48. ↑ "Ban On 'Bump Stocks' Among New Gun Regulations In Maryland". WAMU. Archived from the original on March 22, 2023. Retrieved April 28, 2018.
  49. ↑ "Inslee signs bill to ban bump stock devices like those used in the Las Vegas shooting". Office of Governor Jay Inslee. Archived from the original on May 16, 2023. Retrieved April 28, 2018.
  50. ↑ "DC Council approves stronger gun laws". WUSA. December 18, 2018. Archived from the original on April 22, 2023. Retrieved July 1, 2019.
  51. ↑ "Nevada Gov. Sisolak signs gun control bill into law". Las Vegas Review-Journal. June 14, 2019. Archived from the original on March 6, 2023. Retrieved June 16, 2019.
  52. ↑ Kukulka, Alexandra. "Northbrook bans bump stocks throughout village, concealed carry in businesses where alcohol consumed". chicagotribune.com. Archived from the original on December 3, 2022. Retrieved June 22, 2018.
  53. ↑ Gstalter, Morgan (May 17, 2018). "Boulder City Council votes to ban assault-style weapons". The Hill . Archived from the original on April 26, 2023. Retrieved June 24, 2018.
  54. ↑ "54 - Prohibition of certain firearms etc: England and Wales and Scotland". Legislation.gov.uk . Archived from the original on April 24, 2023. Retrieved June 24, 2019.
  55. ↑ Balsamo, Michael (December 18, 2018). "Trump administration moves to ban bump stocks". AP News . Archived from the original on April 24, 2023. Retrieved December 18, 2018.
  56. ↑ "Gun Rights Activists Are Already Suing Over Trump's Bump Stock Ban". BuzzFeed News . December 18, 2018. Archived from the original on May 3, 2023.
  57. 1 2 3 Romboy, Dennis (January 27, 2021). "Utah gun advocate still fighting to overturn federal bump stock ban". Deseret News. Archived from the original on April 22, 2023.
  58. ↑ "Gun rights activist Michael Cargill files lawsuit, surrenders bump stocks". KXAN. March 25, 2019. Archived from the original on April 22, 2023. Retrieved March 26, 2019.
  59. ↑ Flores, Christian (March 25, 2019). "With bump stock ban taking effect, Austin man plans on fighting ATF in court". KEYE. Archived from the original on April 22, 2023. Retrieved March 26, 2019.
  60. ↑ Garza, Erik (December 15, 2021). "Fifth Circuit upholds federal ban on bump stocks". Courthouse News Service. Archived from the original on April 21, 2023. Retrieved January 2, 2022.
  61. ↑ "5th Circ. Grants En Banc Hearing On ATF's Bump Stock Ban - Law360". www.law360.com. Retrieved July 1, 2022.
  62. ↑ "20-51016" (PDF). January 6, 2023. Archived from the original (PDF) on February 13, 2023.
  63. ↑ Hurley, Lawrence (November 3, 2023). "Supreme Court to review Trump-era ban on gun 'bump stocks'". NBC News . Retrieved November 3, 2023.
  64. ↑ Martin, Gary (December 28, 2018). "Gun lobby files lawsuit challenging Trump's bump stock ban". Las Vegas Review-Journal. Archived from the original on April 22, 2023.
  65. ↑ Gun Owners of America v. Barr , 363 F. Supp. 3d 823 (W.D. Mich. 2019).
  66. ↑ "U.S. Supreme Court refuses to block Trump's gun 'bump stock' ban". Reuters . March 28, 2019. Archived from the original on April 22, 2023.
  67. 1 2 3 Gun Owners of America, Inc. v. Garland , 992 F.3d 446 (6th Cir. 2021).
  68. ↑ Brian Flood "Federal Bump Stock Ban Blocked by Divided Appeals Court" Bloomberg Law, 25 March 2021. Accessed 26 March 2021.(Archive)
  69. ↑ "Trump's Bump Stock Ban Just Lost Big in Federal Court". Reason.com. March 26, 2021. Archived from the original on April 21, 2023. Retrieved March 27, 2021.
  70. ↑ "Sixth Circuit Takes Bump Stock Case En Banc". Reason.com. June 25, 2021. Archived from the original on April 22, 2023. Retrieved June 28, 2021.
  71. ↑ "Full Sixth Circuit takes up legality of bump stocks". www.courthousenews.com. Archived from the original on October 20, 2021. Retrieved November 4, 2021.
  72. ↑ "Split en banc decision on bump stocks is a win for feds". www.courthousenews.com. Archived from the original on December 3, 2021. Retrieved January 18, 2022.
  73. ↑ "Docket for 21-1215". www.supremecourt.gov. Archived from the original on April 18, 2023. Retrieved March 14, 2022.
  74. 1 2 Flynn, Meagan (February 26, 2018). "Bump-stock ban enacted by Trump administration can stand, federal judge rules". The Washington Post . Archived from the original on March 28, 2019.
  75. ↑ Guedes v. Bureau of Alcohol, Tobacco, Firearms & Explosives , 356 F. Supp. 3d 109 (D.D.C. 2019).
  76. 1 2 Guedes v. Bureau of Alcohol, Tobacco, Firearms and Explosives , 920 F.3d 1 (D.C. Cir. 2019).
  77. ↑ "Docket for 18A964". www.supremecourt.gov. Archived from the original on April 18, 2023. Retrieved August 4, 2021.
  78. ↑ Guedes v. Bureau of Alcohol, Tobacco, Firearms & Explosives , 139 S. Ct. 1474 (mem.) (2019).
  79. ↑ Thomsen, Jacqueline (April 5, 2019). "Supreme Court rejects bid from gun rights groups to delay bump stock ban". The Hill . Archived from the original on April 23, 2023. Retrieved April 5, 2019.
  80. ↑ Guedes v. Bureau of Alcohol, Tobacco, Firearms & Explosives , 140 S. Ct. 789 (mem.) (2020).
  81. ↑ Guedes v. Bureau of Alcohol, Tobacco, Firearms & Explosives , No. 18-cv-2988 (DLF) (D.D.C. 19 Feb. 2021)
  82. ↑ Pierson, Brendan (August 10, 2022). "ATF beats back gun rights groups challenge to bump-stock ban". Reuters . Archived from the original on April 23, 2023. Retrieved August 12, 2022.
  83. ↑ Sullum, Jacob (August 10, 2022). "D.C. Circuit upholds the bump stock ban". Reason.com. Archived from the original on April 23, 2023. Retrieved August 12, 2022.
  84. ↑ "No. 21-5045 petition for rehearing en banc" (PDF). Archived from the original (PDF) on May 13, 2023.
  85. ↑ "Docket for 22-1222". www.supremecourt.gov. Retrieved June 22, 2023.
  86. ↑ Fink, Jenni (January 17, 2019). "Gun rights advocate sues Trump administration over bump stock ban". Newsweek . Archived from the original on April 22, 2023.
  87. ↑ "Judge denies Utah gun enthusiast's attempt to block federal rule banning bump stocks". www.ksl.com. Archived from the original on April 22, 2023. Retrieved March 18, 2019.
  88. ↑ "Federal judge denies Utah gun enthusiast's attempt to halt the upcoming deadline on bump stock ban". The Salt Lake Tribune. Archived from the original on April 22, 2023. Retrieved March 18, 2019.
  89. ↑ Imlay, Ashley (March 21, 2019). "Utah gun enthusiast granted temporary stay of bump stock ban". DeseretNews.com. Archived from the original on November 19, 2019. Retrieved March 22, 2019.
  90. 1 2 Amanda Pampuro, 10th Circuit Backs Out of Opening Phase of Fight Over Bump Stock Ban, Courthouse News Service (5 March 2021). (Archive)
  91. ↑ Martina Barash (March 5, 2021). "Bump Stock Ban Stays in Place as Appeals Court Drops". Bloomberg Law. Archived from the original on May 17, 2021.
  92. ↑ "Docket for 21-159". www.supremecourt.gov. Archived from the original on April 18, 2023. Retrieved September 14, 2021.
  93. ↑ "2:19-cv-00037-JNP-CMR" (PDF).
  94. ↑ "Maryland SB707: 2018 Regular Session". Maryland General Assembly. Archived from the original on April 22, 2023. Retrieved May 18, 2021– via LegiScan.
  95. ↑ Brandi Buchman (November 19, 2018). "Federal Court Tosses Challenge to Maryland Ban on Bump Stocks". Courthouse News Service. Archived from the original on April 23, 2023. Retrieved May 18, 2021.
  96. ↑ Williams, Erika (June 30, 2020). "Fourth Circuit Upholds Maryland's Ban on 'Rapid Fire Trigger' Devices". Courthouse News Service. Archived from the original on June 30, 2020. Retrieved May 18, 2021.
  97. ↑ Kunzelman, Michael (June 29, 2020). "Federal appeals court upholds Maryland's ban on bump stocks". Baltimore Sun. Archived from the original on April 23, 2023. Retrieved May 18, 2021.
  98. ↑ "Docket for 20-855". www.supremecourt.gov. Archived from the original on April 18, 2023. Retrieved May 18, 2021.
  99. ↑ "Supreme Court won't take Maryland bump stock ban case". AP News . May 3, 2021. Archived from the original on April 22, 2023.
  100. ↑ Maher, Ann. "Bump-stock class action seeks compensation for government's 'taking' of property". madisonrecord.com. Archived from the original on May 23, 2023. Retrieved March 14, 2019.
  101. ↑ Brief: Bump Stocks, Courthouse News Service (24 September 2019). (Archive)
  102. ↑ Anapol, Avery (April 9, 2019). "Gun company sues US over bump stock ban, claiming $20M in losses". The Hill . Archived from the original on April 22, 2023. Retrieved November 30, 2019.
  103. 1 2 Jake Charles Litigation Highlight: No Compensation for Bump Stock Owners, Duke Center for Firearms Law (25 October 2019).(Archive)
  104. ↑ "Docket for 22-25". www.supremecourt.gov. Archived from the original on February 13, 2023. Retrieved November 14, 2022.
  105. ↑ "Docket for Lane v. United States, 3:19-cv-01492 - CourtListener.com". CourtListener. Retrieved September 14, 2021.
  106. ↑ "Hardin v. Bureau of Alcohol, Tobacco, Firearms and Explosives et al, No. 3:2019cv00056 - Document 35 (W.D. Ky. 2020)". Justia Law. Retrieved September 14, 2021.
  107. ↑ "Hardin v. ATF - No. 20-6380" (PDF). Archived from the original (PDF) on May 2, 2023.
  108. ↑ Gvillo, Heather Isringhausen. "Yandle denies injunctive relief in bump stock class action". Madison - St. Clair Record. Archived from the original on February 13, 2023. Retrieved May 20, 2021.
  109. ↑ "Doe v. Biden" (PDF). Archived from the original (PDF) on February 13, 2023.
  110. ↑ "UNITED STATES v. Ali KALZAGH" (PDF). Archived (PDF) from the original on September 10, 2021.
  111. ↑ "Florida 'bump stock' ban lawsuit tossed out". WPTV. May 16, 2019. Archived from the original on April 27, 2023. Retrieved May 24, 2021.
  112. ↑ Florida, News Service of (January 28, 2021). "Lawsuit over Florida 'bump stock' ban rejected". WJXT. Archived from the original on April 23, 2023. Retrieved May 24, 2021.
  113. ↑ Case 3:14-cv-03358-M Document 1 Filed 09/16/14, archived from the original on February 15, 2019, retrieved October 3, 2017
  114. ↑ USpatent 6101918,William Akins,"Method and apparatus for accelerating the cyclic firing rate of a semi-automatic firearm",published 15 Aug 2000, assigned to William Akins
  115. ↑ USpatent 8,127,658,Jeremiah Cottle,"Method of shooting a semi-automatic firearm",published 6 March 2012, assigned to Slide Fire Solutions, Inc.
  116. ↑ "Slide Fire Solutions forces Bump Fire Systems Out Of Business", Guns.com, archived from the original on July 29, 2016
  117. ↑ Las Vegas Bump Stock Class Action Dismissed, Courthouse News Service (18 September 2018).(Archive
  118. ↑ Order, Prescott v. Slide Fire Solutions, LP, U.S. District Court for the District of Nevada, 17 September 2018. (Archive)
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.