Garland v. Cargill
Supreme Court of the United States
Full case nameMerrick B. Garland, Attorney General, et al. v. Michael Cargill
Docket no.22-976
Case history
Prior
  • Cargill v. Garland, 57 F.4th 447 (5th Cir. 2023)(en banc).
  • Cargill v. Garland, 20 F.4th 1004 (5th Cir. 2021).
  • Cargill v. Barr, 502 F.Supp.3d 1163 (W.D. Tex. 2020).
Questions presented
Whether a bump stock device is a "machinegun" as defined in 26 U.S.C. 5845(b) because it is designed and intended for use in converting a rifle into a machinegun, i.e., into a weapon that fires "automatically more than one shot * * * by a single function of the trigger."

Garland v. Cargill, (Docket No. 22-976), is a pending United States Supreme Court case regarding bump stocks.[1] The court will decide whether bump stocks are "machineguns" as defined by Title 26 of the United States Code.[2]

Background

A bump stock is a gun stock designed to facilitate the process of bump firing. Bump firing is the practice of using the recoil of a semiautomatic firearm to mimic fully automatic fire. Following the 2017 Las Vegas Shooting, where the shooter was found to have made use of bump stocks, the legality of these attachments has been challenged at the state and federal level. In 2018, following the Las Vegas Shooting and the Parkland High School shooting, the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) published an opinion stating that bump stocks were "machine guns" and thus banned by federal law.

Respondent Michael Cargill, owner of Central Texas Gun Works[3] purchased two bump stocks in April 2018, a few months before the ATF published its new rule. On March 25, 2019, Cargill surrendered his bump stocks to the ATF. The same day, he filed suit in the Western District of Texas challenging the rule. Following a bench trial, the judge ruled in favor of the government. A three-judge panel of the United States Court of Appeals for the Fifth Circuit affirmed the judgment. Following additional briefing and argument, the en banc court reversed and remanded. On remand, the District Court entered judgment for Cargill.[4]

Supreme Court

On April 6, 2023, the Attorney General petitioned the court for a writ of certiorari. The court granted the petition on November 3.

References

  1. ↑ Liptak, Adam (November 11, 2023). "A Rare Trump Gun Control Measure Faces a Supreme Court Test". New York Times.
  2. ↑ Quinn, Melissa (November 3, 2023). "Supreme Court agrees to hear case over ban on bump stocks for firearms". CBS News. Retrieved November 4, 2023.
  3. ↑ https://www.foxnews.com/politics/supreme-court-agrees-hear-challenges-bump-stock-ban-new-yorks-financial-blacklisting-nra
  4. ↑ "Petition for a Writ of Certiorari" (PDF). April 6, 2023. Retrieved November 4, 2023.
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