Cargill v. Garland
Cargill v. Garland (U.S. Court of Appeals, 5th Cir., Dec. 14, 2021): The 5th Circuit affirmed a lower court decision upholding the federal Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) new rule classifying bump stocks as “machine guns” for purposes of the National Firearms Act. The plaintiff, challenging the rule, argued that it exceeded ATF’s statutory authority and contradicted the plain language of the National Firearms Act. A federal district court rejected the plaintiff’s claims. Agreeing with the lower court, the 5th Circuit explained that bump stocks qualify as machine guns because they “allow a shooter to shoot more than one shot by a single pull of the trigger.” Furthermore, the 5th Circuit found that firearms with bump stocks shoot “automatically” for purposes of the statute. Accordingly, the 5th Circuit affirmed the lower court’s decision, holding that bump stocks qualify as “machineguns” under the “best interpretation of the statute.” Read the full decision here.