Episode #95
Today on Legalese, we are wrapping up the Supreme Court case of Garland v. Cargill. We have been following this case here on this channel for the past 2+ years as it wound its way through the lower courts.
We now have a final resolution on the matter, as the Supreme Court, on Friday June 14, 2024 would issue their opinion on the case.
The Supreme Court would hold that a bump stock does not meet the definition of a machine under 26 U.S.C. §5845(b). As such the Trump Administration’s decision to reclassify bump stocks as a machinegun through the ATF’s regulatory rulemaking power was an affront to the rule of law and separation of powers.
The Court would hold that any regulation of bump stocks would have to come from Congressional legislation. As such, the ATF’s attempt to ban these devices was unlawful and unconstitutional.
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