How overturning the bump stocks ban could affect machine guns in the United StatesExBulletin

In this Oct. 4, 2017, file photo, a device called a bump stock is attached to a semi-automatic rifle at the Gun Vault store and shooting range in South Jordan, Utah. The U.S. Supreme Court has struck down a Trump-era federal ban on wholesale stocks. Following the 2019 ban, tens of thousands of devices were destroyed by their owners or handed over to authorities. Rick Bowmer/AP .

switch captionRick Bowmer/AP

The United States Supreme Court today overturned a federal ban on bump stocks, devices that can be attached to a semi-automatic rifle to make it fire as fast as a machine gun, potentially hundreds of rounds per gun. minute.

Machine guns have effectively been banned for most people since the 1930s, but doubts remain about whether that ban applies to accessories that allow legal weapons to fire as fast as a machine gun. It's the Bureau of Alcohol, Tobacco, Firearms and Explosives that determines this, and over the years the agency has gone back and forth on whether to ban bulk stocks . But in 2017, a man using shock sticks committed the deadliest gun massacre in modern American history, killing 60 people and injuring hundreds at a concert in Las Vegas. After this mass shooting, many owners of replacement stocks saw a ban coming. The Trump administration then decided to ban bump stocks, a restriction which came into force in 2019.

What was the court's reasoning for lifting this ban?

It all comes down to the legal definition of a machine gun, which says it is a weapon that fires multiple shots with “a single trigger function.” That word “function” is key here, because it’s not the same thing as pulling the trigger.

With a bump stock, you pull the trigger once, holding it, resting the stock against your shoulder while the recoil moves the trigger for you very quickly, firing those shells at machine gun speed; one pull, but multiple trigger functions.

What the court said today is that there is a big enough difference that the ATF was wrong to call a bump stock a “machine gun” under the law.

This seems to be a very technical distinction. Could this end up allowing other types of gun accessories?

Probably not directly because it's so narrowly focused on the mechanics of bump stocks, so it wouldn't apply to, say, Glock switches, which are another type of illegal device that allows a handgun to fire like an automatic, according to Adam. Skaggs, chief attorney at Giffords Law, a gun safety group. He is concerned, however, about the broader approach taken by the Supreme Court.

“I think, however, that the fact that six justices are willing to cavalierly reject an extremely important ATF public safety regulation suggests that they might view other ATF regulations with skepticism,” he says.

What about gun rights lawyers? Do they think this decision will affect other gun restrictions?

Attorney Matt Larosiere, who helped similarly challenge the ban on bump stocks, agrees that it shouldn't affect the ban on Glock switches or automatic triggers, but he thinks it could affect others. other ATF regulations, such as the ban on non-serial weapons. numbers, known as “ghost guns”.

“The point of this case is not so much the definition of machine guns, but the question of how far the Supreme Court is willing to allow regulatory agencies to trace. And I think what this case says, it 'is “not very far.”

What about states that already have temporary storage bans in place?

At least 15 states and the District of Columbia ban bulk stocks. This is not a Second Amendment ruling, so it does not overturn state bans. The Supreme Court says Congress, if it wanted, could always pass a law changing the definition of machine guns to include firearms.

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