Other State Bump Stocks. ATF - 5th Circuit (LA, MS, TX) Michael Cargill v. Garland, et al.,

[RicInOR]

Michael Cargill v. Garland, et al.,

This is the fourth appellate court to hear a case on Bump Stocks.

"Over 500,000 bump stocks were legally owned by Americans before the ban went into effect, after which owners had to turn them into the ATF or destroy them without receiving compensation, lest they risk up to 10 years in prison and a $250,000 fine, "


"In the case before the 5th Circuit, Michael Cargill v. Garland, et al., the plaintiff is a U.S. Army veteran and gun shop owner in Austin, Texas. When the bump stock rule went into effect, he turned in his bump stocks to the ATF to follow the law, and then sued the government over the new interpretation of the rule. "




see also this thread on 6th Circuit

Other State - 6th circuit - gun owners v garland

https://reason.com/volokh/2021/03/25/divided-sixth-circuit-panel-rejects-chevron-deference-for-interpretation-of-criminal-statute/ gun owners v garland

www.northwestfirearms.com

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[ilikegunspdx]

What is the status of bump stocks in general? I had heard that sixth circuit? Overturned it in 2-1 vote but what does that mean in the real world? Atf website still has the same language they did before. I'm guessing wait another 2-3 years until courts have some sort of definitive answer?

I also heard that AGs from 18 states joined on to fight it. Guns of America I think is the site where I saw that.

 

[RicInOR]

What is the status of bump stocks in general?

Tenuous. Looks like this is a state-by-state challenge. One of those is it FED or is it LOCAL - did they make a RULE a LAW improperly.

I am sure this is one of those cases that lawyers love.

5th Circut case, Cargill: "The case has hinged on whether the ATF improperly issued a "legislative rule," thereby usurping the sole legislative authority of Congress under the Constitution."

 

[ilikegunspdx]

Tenuous. Looks like this is a state-by-state challenge. One of those is it FED or is it LOCAL - did they make a RULE a LAW improperly.

I am sure this is one of those cases that lawyers love.

5th Circut case, Cargill: "The case has hinged on whether the ATF improperly issued a "legislative rule," thereby usurping the sole legislative authority of Congress under the Constitution."

Seems like essentially the same case to me as frt-trigger. Both meet the definition of single function of trigger. Also both are legislative rules created by the atf at the direction of the president (Trump for bump stocks, Biden for ghost guns, braces, and whatever is next after that).

Oops I guess frt is technically not a legislative rule or whatever just "over reach" (I was thinking of braces as a formal "legislative rule" and got that confused with frt case). Too many cases to keep track of...

 

[RicInOR]

July 25, 2022 Press Release

NCLA Asks Full Fifth Circuit to Toss ATF's Bump Stock Ban and Reject Deference to the Government

New Civil Liberties Alliance
Fifth Circuit in Michael Cargill v. Merrick B. Garland, et al.
"NCLA is seeking invalidation of the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) Bump Stock Final Rule, in which the agency declared that non-mechanical bump stocks are "machineguns" within the meaning of the relevant statute."

NCLA Asks Full Fifth Circuit to Toss ATF’s Bump Stock Ban and Reject Deference to the Government - New Civil Liberties Alliance

Washington, DC (July 25, 2022) – Today, the New Civil Liberties Alliance filed its appellant brief in the U.S. Court of Appeals for the Fifth Circuit in Michael Cargill v. Merrick B. Garland, et al. This lawsuit could determine who has the constitutional authority to change the criminal law if...

nclalegal.org

 

[ilikegunspdx]

July 25, 2022 Press Release

NCLA Asks Full Fifth Circuit to Toss ATF's Bump Stock Ban and Reject Deference to the Government

New Civil Liberties Alliance
Fifth Circuit in Michael Cargill v. Merrick B. Garland, et al.
"NCLA is seeking invalidation of the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) Bump Stock Final Rule, in which the agency declared that non-mechanical bump stocks are "machineguns" within the meaning of the relevant statute."

NCLA Asks Full Fifth Circuit to Toss ATF’s Bump Stock Ban and Reject Deference to the Government - New Civil Liberties Alliance

Washington, DC (July 25, 2022) – Today, the New Civil Liberties Alliance filed its appellant brief in the U.S. Court of Appeals for the Fifth Circuit in Michael Cargill v. Merrick B. Garland, et al. This lawsuit could determine who has the constitutional authority to change the criminal law if...

nclalegal.org

Awesome!!! I say attack ATF overreach by every legal Avenue possible. Now that we have the recent EPA overeach ruling from scotus and also bruen we have the ammo to knock down years of unconstitutional gun laws. Nows the time to challenge all things ATF!