Federal Judge Vacates Bump Stock Rule, Recognizes ‘Right to Possess’

Reptile

Reptile

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Senior United States District Judge David Alan Ezra vacated the ATF’s bump stock ban rule on Monday and recognized plaintiff Michael Cargill’s “right to possess” the device under federal law.


The case is Gargill v. Garland, in the U.S. District for the Western District of Texas.

Cargill secured a favorable ruling against the bump stock ban in this same district court in 2023, however, the court did not provide any means of relief for Cargill. But the New Civil Liberties Alliance noted that once the Supreme Court of the United States ruled against the bump stock ban the United States Court of Appeals for the Fifth Circuit vacated the district’s court denial of Cargill’s motion for relief, instructing the district court “to consider alterations to the judgment or other relief[.]”

On November 4, Judge Ezra decided “…that plaintiff Michael Cargill has the right to possess and transfer non-mechanical bump stocks under federal law, and that the federal statutory prohibitions against the possession and transfer of machineguns…do not limit Mr. Cargill’s rights or legal relations in this regard.”

www.breitbart.com

Federal Judge Vacates Bump Stock Rule, Recognizes 'Right to Possess'

United States District Judge David Alan Ezra vacated the ATF's bump stock ban rule and recognized a "right to possess" them under federal law.
www.breitbart.com www.breitbart.com

What does this mean for Massachusetts?
 
Thomas Jefferson would have rocked a Bump Stock bird hunting, if it had been available to him.

They're stupid as a combat firearm. OTOH, theyir're fun to waste ammo with (at the range fool!).

Yet the masses think "scary" and therefore they become effective as an offensive weapon. Paralyzing someone with fear is as good as wounding them in the moment. Just look how long that wind up toy has held a nation in fear. Seven YEARS and counting?
 
TJ rocking a bump-stock 12ga is equivalent to 19th century "hunters" using a punt gun. We're not going back there, thankfully. LOL
 
Broc Tuah said:
Who cares about the public perception?

Most of the idiots that run around screaming that guns scare them don't know what a bump stock is.
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It is certainly true that most people -- idiots and not idiots -- have no idea what a bump stock is. Ask me how many times I've had to explain it to non-gun people.

On the other hand, our fate as gun people is ultimately dependent on whether the public perceives us to be responsible folks or complete whackos. Perhaps the biggest of the mistakes that K. Harris made -- and she made so many it can be hard to select one as the worst -- was her proposal to tax unrealized capital gains. That would have wiped out the stock market, along with everyone's 401(k)s (or equivalent), in an instant. And just as quickly, it forced the woke-inclined elements of Wall Street to condemn her. In a world in which laws are made by the public, perceptions matter.

Being from Massachusetts, I necessarily spend lots of time with people who are inclined by what they read in places like the Glob that all gun people are tomorrow's school shooters. I spend a good deal of time trying to convey the difference between a shooter and a killer, occasionally with some success. Having to defend bump stocks -- or, more precisely, having to defend why a ban of bump stocks are not consistent with the literal terms of 18 U.S.C. § 921(a)(24) -- doesn't help in that effort.
 
RKG said:
Concur. And in the long run, I don't think having to defend bump stocks works in favor of the public perception of gun people.
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The public perception is like a grain of sand in terms of importance vs the Sahara desert which is the legal first step the bump stock ban was taking in making semi automatics re-classified into machine guns and thus registered and locked away behind the NFA and Hughes.

Some things are worth putting up a fight for that makes us look bad. Bump stocks ended up being one of them.
 
T-Unit said:
The public perception is like a grain of sand in terms of importance vs the Sahara desert which is the legal first step the bump stock ban was taking in making semi automatics re-classified into machine guns and thus registered and locked away behind the NFA and Hughes.

Some things are worth putting up a fight for that makes us look bad. Bump stocks ended up being one of them.
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It not the stock itself, it's the principle of the matter that is of importance. That an unelected bureaucracy of "wanna be dictators" promulgate rules that have the effect of law and then kill people in the process of enforcing them with abject impunity is worth going to war over.

Fvck public perception.....my advice to the "public" is mind your own fvcking business and run your own railroad.
 
Uzi2 said:
It not the stock itself, it's the principle of the matter that is of importance. That an unelected bureaucracy of "wanna be dictators" promulgate rules that have the effect of law and then kill people in the process of enforcing them with abject impunity is worth going to war over.

Fvck public perception.....my advice to the "public" is mind your own fvcking business and run your own railroad.
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That was my issue with the brace rulings where the ATF was doing the hokey pokey and coming up with bonkers stuff like free SBR registrations when the law states $200, this after changing their mind multiple times.

If the ATF is going to waive $200 tax stamps for braces, then they should just waive them for all NFA registrations.

My point with the stock is similar to the Glock switches and that because these things exist and they work so well and are easy to manufacture that they're putting semi auto firearms under focus. It's going to be exceptionally difficult to stop the spread of switches and the Anti's in gov't and lobby groups look at that and the bump stocks and figure they can hoodwink the public into believing that the ease of making a semi auto fire as rapidly as a machine gun means the semi auto is already a machine gun and due to Hughes can't be registered, so they're illegally possessed.

The law clearly defines what constitutes a machine gun: one pull of the trigger firing more than one shot. The Anti's are trying to construct a narrative that a machine gun is something that shoots really fast and we cannot allow them to win in doing so because once the public accepts that newspeak definition of a machine gun they won't oppose government actions to treat a Glock or an AR like it's a Tommy Gun because they'll view everyone that has a Glock or AR like they're Clyde Barrow or John Dillinger.

I guess I'm wrong to call public perception a grain of sand in importance because it doesn't matter how we look in defending bump stocks, what we're defending is something bigger and just letting the Antis hold up bump stocks like some kind of trophy means more than just the bump stocks on their face.
 
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