By C.D. “Chuck” Michel, President & Senior Legal Counsel, Second Amendment Law Center
The Second Amendment Law Center joined several other pro-2A organizations in filing an “amicus” legal brief in Garland v. Cargill, a case is set for argument before the Supreme Court in late February.
At issue in the Cargill case is a proposed re-classification of a bump stock device to fall under the definition of “machinegun” as spelled out in 26 U.S.C. § 5845(b). As argued by the government, a bump stock is designed and intended for use in converting a rifle into a machinegun i.e., into a weapon that fires “automatically more than one shot … by a single function of the trigger.”
While the case focuses on the regulatory authority of the Bureau of Alcohol, Tobacco & Firearms (ATF) and does not directly involve any Second Amendment claims, our amicus brief advises the Court about the significant risk to Second Amendment rights if it rules in ATF’s favor.
Unfortunately, this is not the first or only example of ATF attempting to redefine firearm parts to fit the narrative of the Biden Administration. The agency previously sought the same treatment for incomplete lower receivers and pistol braces. As detailed in our brief, if a bump stock qualifies as a “machine gun,” it could render most or all semiautomatic rifles as illegal simply because they could be converted to fully automatic.
While that may sound like a tough leap to make, a recent Seventh Circuit ruling upholding Illinois’s “assault weapon” ban concluded that the semi-automatic AR-15 and the fully automatic M-16 were virtually indistinguishable and, as such, that semi-automatic rifles can be banned.
In keeping with the standard set in Bruen, our amicus brief explains the history of ownership of so-called “military” small arms, and argues that expanding the ATF’s authority could create millions of “accidental” criminals.
Joining 2ALC on this brief are the California Rifle & Pistol Association, Second Amendment Defense and Education Coalition, Federal Firearms Licensees of Illinois, and Guns Save Life. Other briefs in this case are expected as well.
The brief urges the Supreme Court to affirm the 5th Circuit’s ruling in favor of Mr. Cargill, and to reaffirm that commonly possessed semiautomatic rifles cannot be banned. You can read the brief HERE.
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About Second Amendment Law Center
Our mission at the Second Amendment Law Center is to protect and enforce the Second Amendment’s solemn command that our government never unduly restrict law-abiding individuals from responsibly possessing and carrying firearms and other arms for sport, hunting, self-defense, and other lawful purposes.
A well regulated militia, being necessary to a free state, the right of the people to keep and bear arms SHALL NOT BE INFRINGED. The second amendment to the United States constitution which is something they are all sworn to defend. What part of shall not be infringed is difficult to understand? Most any grade school kid can read, understand and explain it. Last time I checked it was congress that writes laws NOT THE ATF. Unless these government agencies start following the constitution soon, immediately, right the #%@$ now, there is the distinct possibility of a real, shooting, civil… Read more »
If the rule is sustained, there needs to be remedy for ATF’s flip flops. There should be an amnesty so that all bump stocks can be registered, for free, as transferable machine guns. That would increase the number on the transferable list to beyond those of stun guns when SCOTUS ruled in Caetano that they were in common use and could not be banned. ATF should also reimburse the company(ies) that destroyed thousands of stocks when the rule came out.
l ain’t registering sheet!
Fטck that!
I ain’t registering sh!t.
ATF can go Fטck themselves.
They are by definition an unconstitutional agency.
I have zero interest in owning a bump stock. At the same time, I think they should be completely legal. For that matter, I don’t think fully automatic weapons should be regulated. All this came from the 1930s fat cats who didn’t want the smelly peasants to be able to shoot back at their strike breakers or maybe hit the operators of belt fed machine guns like the one used in Ludlow, CO. The NFA was specifically crafted to outlaw handguns. They took them out of the bill because they knew even if they were successful in passing it, they’d… Read more »
On March 25th, 2019 I watched my AR-15 with a bumpstock , past the stroke of midnight. This was the date and time that the ATF said that a bumpstock would magically convert the semiautomatic rifle into a machine gun !
It never happened.
WHAT A RIP OFF !