Judge supports federal ban on bump stocks.
A Victory for Gun Control: Federal Judge Upholds ATF’s Ban on Bump Stocks
In a significant ruling, U.S. District Judge Jill N. Parrish has upheld the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) ban on bump stocks, devices that increase firing speed. The ban, which was imposed administratively by the ATF several years ago, has been deemed appropriate by Judge Parrish, an appointee of former President Barack Obama.
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The ban was challenged in court by the New Civil Liberties Alliance (NCLA) on behalf of firearms instructor Clark Aposhian. However, the lawsuit opposing the ban was unsuccessful. Bump stocks were officially banned in 2019 when the Department of Justice amended regulations, classifying them as equivalent to machine guns and making them illegal.
The NCLA’s litigation counsel, Caleb Kruckenberg, criticized the ATF’s actions, stating that they were overstepping their authority. He argued that it is Congress’s role to write laws, while the executive branch and its agencies should only apply them.
Bump Stocks In Focus
Although bump stocks are not explicitly regulated by federal legislation, the ATF effectively banned them by classifying the devices as “machineguns” under the National Firearms Act of 1934 and the Gun Control Act of 1968.
The ATF’s administrative rule change added language to the regulatory text, defining bump stocks as devices that allow a semiautomatic firearm to shoot multiple rounds with a single trigger pull. Several lawsuits were filed challenging the ban, but the U.S. Courts of Appeals for the Tenth and D.C. Circuits rejected the challenges, leading to the district court upholding the ban.
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The Fifth Circuit, however, ruled in January 2023 that the ban violated the Administrative Procedure Act (APA) and that an act of Congress was required to ban bump stocks. This ruling came from a lawsuit brought by Michael Cargill, owner of Central Texas Gun Works in Austin.
The case is currently pending before the Supreme Court, as the Department of Justice has petitioned for an appeal of the Fifth Circuit’s ruling. The NCLA supports Supreme Court review of the case, believing that the ruling will uphold the decision to strike down the ban.
Richard Samp, NCLA senior litigation counsel, emphasized the importance of the case, stating, “This case is about who gets to write the law.” The outcome of this legal battle will have significant implications for gun control regulations in the United States.
What is the purpose of the ban on bump stocks and why do proponents argue it is necessary?
Capitol on October 4, 2017. (Alex Wong/Getty Images)
On the other hand, proponents of the ban argue that it is necessary to prevent the misuse of bump stocks. These devices are designed to increase the rate of fire of semi-automatic firearms by using the recoil of the gun to repeatedly engage the trigger. They gained national attention after they were used in the 2017 Las Vegas shooting, where a gunman equipped his weapons with bump stocks and killed 58 people.
Since the ban was implemented, the ATF has received over 100,000 comments from the public, both in favor and against the prohibition. The majority of the comments supported the ban, with many individuals expressing concerns about the potential danger posed by bump stocks.
This ruling marks a significant victory for gun control advocates, who have been pushing for stricter regulations on firearms. Bump stocks have been a contentious issue in the debate on gun control, with opponents arguing that banning the devices infringes on the Second Amendment rights of gun owners.
However, Judge Parrish’s ruling affirms the ATF’s authority to regulate firearms accessories that are capable of converting a semi-automatic firearm into a fully automatic one. In her decision, she stated that the ATF’s interpretation of the statute was rational and consistent with its regulatory authority.
President Joe Biden has also expressed his support for the ban on bump stocks. In a statement issued after the ruling, he commended Judge Parrish for upholding the ban, stating that it was an important step towards reducing gun violence in the country.
Despite this victory, the fight for gun control is far from over. There are still numerous challenges ahead, including the implementation and enforcement of the ban. Gun rights advocates are likely to continue opposing any further restrictions on firearms, while gun control advocates will push for even stricter regulations.
Nevertheless, Judge Parrish’s ruling represents a significant milestone in the battle for gun control. It demonstrates that federal courts are willing to support the ATF’s efforts to regulate devices that can increase the lethality of firearms. Whether this decision will have a lasting impact on the broader gun control debate remains to be seen, but for now, it is a triumph for those advocating for stricter measures to reduce gun violence in the United States.
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