Supreme Court Declines to Hear Cases Challenging Bump Stock Ban 

The Supreme Court this week opted not to hear two cases challenging the Trump administration’s 2019 ban on bump stocks

While the vast majority of gun owners don’t have any particular affinity for the range accessory that makes it easier for one to bump fire a semiautomatic firearm, the lawsuits have relevance because they aim to push back against government overreach. 

As GunsAmerica has previously reported, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is a regulatory agency, not a legislative body.  

When the agency turned on a dime and redefined bump stocks as “machineguns,” under the National Firearm Act, to fulfill a political agenda, it overstepped its authority.

It’s worth noting that ATF had on previous occasions explicitly stated in opinion letters that bump stocks were not “machineguns.” It wasn’t until it was directed by POTUS 45 that the ATF changed course.

These lawsuits, filed by Gun Owners of America (GOA) and the New Civil Liberties Alliance (NCLA), are attempts to stop the federal government from enacting gun control via executive fiat. 

The two cases SCOTUS rejected Monday are known as W. Clark Aposhian v. Merrick B. Garland, 21-159, and Gun Owners of America v. Merrick B. Garland, 21-1215.

SEE ALSO: Nearly Half of America’s Attorneys General Support Gun Owners of America on Bump Stock SCOTUS Petition

“Today’s denial of Mr. Aposhian’s certiorari petition lets stand the lower courts’ denial of a preliminary injunction against the bump stock ban. The case now returns to the trial court for a trial on the merits. We look forward to arguing in the trial court that the bump stock ban is inconsistent with the statutory definition of a “machinegun” and that the courts should not grant Chevron deference to the Executive Branch’s interpretation of the statute,” said Rich Samp, the Senior Litigation Counsel for NCLA in a press release obtained by GunsAmerica.  

“We are also continuing to litigate the bump stock ban in the U.S. Court of Appeals for the Fifth Circuit in New Orleans in the case Cargill v. Garland, which last month held an en banc oral argument on our challenge to the ban,” he added. 

On the other side of the gun divide, Shannon Watts, the founder of Moms Demand Action, applauded the news.  

“There is absolutely no reason that anyone needs easy access to a device designed to kill as many people as possible as quickly as possible,” said Watts.

“Leaving the bump stock ban in place is a win for gun safety, for survivors of the Route 91 Harvest Festival shooting, and for the Moms Demand Action and Student Demand Action grassroots army that fought hard to get this rule on the books,” she added. 

Per the ban, the production, sale, and possession of bump stocks is a felony offense.  Violators face 10 years behind bars and fines up to $250,000.  

Estimates indicated that there were half a million bump stocks in circulation before the ban rolled out.  Anyone who failed to turn them over to law enforcement or destroy them before the 2019 deadline may find themselves in the crosshairs of ATF.

While this latest development is a setback for 2A rights, the bump stock war is not over. Stay tuned for updates.

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  • ej harbet October 12, 2022, 1:10 pm

    the bs while practically useless was the camels nose in the tent. now he’s crapping on your cheetos.
    and spare me the crocodile tears about bs while I’m watching videos of gangbangers waving “switch” equipped glocks with g18 mags that could literally in a second and half clear a classroom of your crotchfruit who have celebrated their last birthday

  • cody October 11, 2022, 10:55 am

    the issue with the ban is you can make one with a piece of pipe and wood

  • Rouge1 October 10, 2022, 11:34 am

    Looks like all of those years did you no good in the smarts section. Anyway spoken like a true slave.

  • Mad Mac October 10, 2022, 9:00 am

    Bump Stocks and Arm Braces are not the hills to die on, in my opinion.
    However, I do firmly believe that instead of requiring they be destroyed
    or turned in, the people who purchased them in good faith
    should be compensated for them by the government at 100% of their cost.

    This would be fair, reasonable and equitable.

    • Rouge1 October 10, 2022, 11:27 am

      It’s the president that was set by Trump that a president can infringe on constitutional right by executive fiat. Which means constitutional rights are meaningless.

    • Fal Phil October 10, 2022, 3:59 pm

      I never met a shoulder-fired autoloader that I couldn’t bump fire without a bump stock.

  • Robert Wyre October 7, 2022, 3:28 pm

    Another time he opened his mouth and shot us in the back
    Same goes for suppressors when he said they are only for killers
    The only other thing he did other then the economy that he did right was all the judges he put in
    For someone that has had private security most of his life
    Funny how he dictated what we can’t have to protect ourselves
    Just another hypocrite

  • Ron October 7, 2022, 2:21 pm

    About time the SC did something right since its now composed of religious nutcases and ultra right wing zealots. Anything that supports democracy and important rights (not trivial like gun rights) is subject to veto by this crazy court….it started with Dobbs.

    • Hondo October 8, 2022, 10:12 am

      By nutcases you mean challenged clowns like democrats and yourself, Ron you have problems dude.

    • Mark October 10, 2022, 8:00 am

      Ron, great to know it’s ok to kill unborn babies but not have a fun range toy. There was one killing that killed 91 people with bump stocks and abortion kills around 900,000 in the USA alone. Think logically.

      • Rouge1 October 10, 2022, 11:30 am

        So you actually believe that FBlie that one man with a bumpstock did that lol?

  • MeSeaHunt October 7, 2022, 2:15 pm

    I support the product and the company 100%!!!!!!!!!!!!!!!!!!! I do hope it will be allowed again in the future and for those of us that understand right v wrong it is a shame how ALL the BS laws have come to be AGAINST the responsible weapon owner!!!! what to do?????????????

  • dave brown October 7, 2022, 12:06 pm

    Long Time Gunner here, and still going strong as I have a lot of shooting to do as long as I am on this side of the dirt. Now being I have been around a few years and a lot of blocks I actually sort of know why Full Auto guns were banned or only allowed if you pay to play by buying The Stamp and passing the test. Thus I was sort of interested when the Arm Brace stuff and Bump Stock stuff came along. I liked the idea of The Brace as I could Shoulder it when no one was looking, and the Bump thing is interesting but I can live without it. I have a few firearms that will do it but they don’t do it well, and it looks like the Bump Stock is The Cats Meow as it works. As for The Brace, I enjoy a bunch of folders with Braces that I built up, and yes I should em.

    So what is my point: I noticed the article says, “While the vast majority of gun owners don’t have any particular affinity for the range accessory that makes it easier for one to bump fire a semiautomatic firearm,” which caused me to ask if we don’t really care why are some of us saying we have to care?

    I think Bumps should never-ever been allowed, but for some strange reason they were, but the powers that be decided to change their minds, So Be It. I am 100% sure our LE never-ever want to meet a nut with a bump coming for them, and yes of course those bad guys don’t want to be on the receiving end of a Good Guy with a bump. Now how about a Bump that requires A Stamp? Some of us might agree to that, but most of us that want a Bump will only use it for fun, so why would we have to pay to play? Confusing ain’t it.

    Rules, Regulations, Fees, Stamps, and all that junk actually have a place in our world, and yes sometimes they make our life a little more difficult, but for me, it is not always about me and what I want. And, dare I say that it is not always about what we think our founders gave us for our Rights. God Bless Us All

    • Comanche October 7, 2022, 1:06 pm

      Obviously, your not the sharpest knife in the drawer!
      Comanche out!!!%

    • American Me October 7, 2022, 5:03 pm

      I agree Mr. Brown. There is no need for this item, we have plenty of fire power without it.
      Also I would like to add it’s quite amusing that this website decides not to put Donald Trump‘s name in the article but rather POTUS 45. HaHaHa.

  • Deborah October 7, 2022, 9:57 am

    POTUS 45 ?!?!
    Article danced around who banned bumpsticks.
    His name is Donald Trump and he banned Vepr 12 shotguns from importation in January of 2017.

  • Stealth October 7, 2022, 8:39 am

    This is the worst thing the USSC has done with regard to gun rights in a long time. They effectively told AFT that they can ban whatever they want just by changing definitions.

    • Comanche October 7, 2022, 1:10 pm

      COMANCHE OUT!!!%

  • Punisher 6 October 7, 2022, 7:08 am

    I have no personal interest in a plastic toy that helps me convert my limited ammo supplies into heat, noise and spent shell casings, but the broad over reach by our favorite deep state alphabet soup agency is a problem.

  • Armed and Dangerous October 7, 2022, 7:05 am

    So all you Trump supporters can thank him for banning bump stocks. And don’t forget he was also in favor of red flag laws and confiscating guns without due process. Vote for a real conservative in the 2024 primaries.

    • Deborag October 7, 2022, 10:01 am

      Did you see his name in the article ? POTUS 45 was the closest they came. Tried to pretend it was Trump’s “administration” and not him that banned these lawful parts.
      When has Biden been referred to as “POTUS 46” ?

    • Steven October 7, 2022, 11:43 am

      Don’t forget Warp Speed & the clot shot, he still backs it.

    • Kane October 10, 2022, 10:31 am

      “Vote for a real conservative…”

      Please provide a complete list of any and all “real conservative” you have voted for in your entire lifetime.

      I am betting you have no such list and you have to make comprimises like eveyone else in the American electorate. If you only answer is DeSantis (2024) then you have no case. I like DeSantis but I also recognize that he says over and over agsain that Israel is the US greatest friend and allie when the truth is that the US has no real friends and DeSantis wants the Jewish voting bloc in FL. Trump also pushes the same fallicy, and so politics forces tough choices.

      How do you like the mess Biden made of the US while you were standing down on a unrealistic standard?

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