Supreme Court to Consider Whether Bump Stocks Violate Federal Law

Published on February 28, 2024

The Supreme Court is set to hear arguments on Feb. 28 in the case of Garland v. Cargill, which concerns whether a bump stock transforms a semiautomatic firearm into the type of “machine gun” prohibited under federal law. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) said for years that nonmechanical bump stocks, or those without internal springs, didn’t constitute a machine gun since they didn’t produce automatic fire. However, the ATF changed its position in 2018 after the mass shooting in Las Vegas when a gunman used devices equipped with bump stocks to kill 58 people. Michael Cargill, host of the “Come and Talk It” radio show, sued the ATF over its 2018 interpretation, alleging that it violated a portion of the Administrative Procedures Act. Although he lost in two lower court decisions, the Fifth Circuit ultimately ruled in his favor in an en banc, or full court, decision....

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