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Administrative/Regulatory,
U.S. Supreme Court

Jun. 21, 2024

Supreme Court ruling against ATF's bump stock ban leaves it up to Congress

In Garland v. Cargill, the Supreme Court struck down the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ interpretive regulation that banned the possession of bump stocks, and emphasized the importance of statutory language in cases challenging agency action and the need to police separation-of-powers boundaries.

Stephen M. Duvernay

Phone: (916) 447-4900

Email: steve@benbrooklawgroup.com

Notre Dame Law School; Notre Dame IN

Shutterstock

Last week in Garland v. Cargill the Supreme Court struck down the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ interpretive regulation that banned the possession of bump stocks by classifying them as machineguns under federal law. Given the subject matter of the case, it is worth noting at the outset that this is not a Second Amendment case; rather, it is a case about the authority of the executive branch (and its agencies) and st...

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