Supreme Court Seems Poised to Strike ATF Bump Stock Regulation

Published on February 28, 2024

The Supreme Court seemed divided during oral argument on Feb. 28 over whether it would uphold the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulation prohibiting ownership of bump stocks. That regulation came after the 2017 mass shooting in Las Vegas where a gunman used bump stock-equipped firearms. It reversed years of ATF interpretations allowing non-mechanical bump stocks, or those without a spring. In doing so, ATF reinterpreted a post-Prohibition law that banned the use of machine guns. Unlike other gun rights cases, the attorneys in this case—Garland v. Cargill—didn’t talk much about the Second Amendment. Rather, they sought to convince the justices that the phrases “automatically” and “single function of the trigger” within federal law either did or didn’t apply to bump stocks....

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