This is NOT an old link, it's dated April 7th 2023
Whether you want one or not, the bump stock ruling is important for all the other gun issues before the court as well. The reason is this is the most obvious or should be to the court from a legal standpoint, even if a justice hates a bump stock. If the ATF loses it doesn't automatically mean the other cases in the court will win, but it's pretty much a given that if SCOTUS upholds the bump stock ban, they're basically telling a president and the ATF that they can basically say whatever they want and it will be legal.
It's not about the object (the bump stock) as it is over the principle of the issue.
AUSTIN, TX – On Thursday, April 6th, 2023 at 10:30 pm, With only minutes to spare, the DOJ filed Petition for A Writ of Certiorari.
The DOJ is also asking for a stay against the Circuit Court’s ruling until the United States Supreme Court can decide whether to grant certiorari. The Fifth Circuit Court of Appeals en banc ruled 13-3 in favor of Cargill. The court remanded the case back to the District Court to rule in favor of Cargill and issue appropriate relief on 01-06-2023.
“By ruling 13-3 in our favor, the Fifth Circuit reinforced the principle that the laws are to be written by Congress, not federal administrators. And if the Supreme Court agrees to hear the case, we are confident that it will uphold the Fifth Circuit’s decision,” says Michael Cargill.
Under our constitutional system, Congress makes the laws, not the Department of Justice or the ATF.
Congress has banned “machine guns” but it has not banned bump stocks. Agencies like DOJ and ATF can’t just assume the power to rewrite the law, or our constitutional system and separation of powers with checks and balances will disappear.
For years, the ATF said that bump stocks were not machine guns under the law. Now it is saying the opposite, which means that hundreds of thousands of law-abiding Americans who relied on the ATF’s approval of bump stocks are suddenly felons. That’s not how the law in America should work.
Whether to ban bump stocks is a question—and a responsibility—that lies with Congress, not agencies like DOJ and the ATF. If agencies take over that decision, our government is no longer accountable to the people.