Supreme Court turns away challenge to ‘bump stock’ ban News
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Supreme Court turns away challenge to ‘bump stock’ ban

The US Supreme Court denied a petition Monday by bump-stock owners and gun advocacy groups to hear a case challenging President Donald Trump’s ban on bump stocks.

The plaintiffs, which include Damien Guedes and the Firearms Policy Foundation, had petitioned the court after a lower court’s decision to uphold Trump’s ban on bump stock devices.

The ban, known as the bump stock rule, was promulgated by the Bureau of Alcohol, Tobacco, Firearms and Explosives at Trump’s direction in December 2018 and went into effect in March 2019.

It was prompted by the Las Vegas shooting massacre of October 1, 2017, where a gunman killed 58 individuals by using semi-automatic rifles equipped with bump stock devices that allowed the rifles to fire as rapidly as machine guns would.

The bump stock rule essentially expanded the National Firearms Act and the Gun Control Act‘s definition of machine guns to include bump stock devices, thus making possession of bump stock devices a felony punishable for up to 10 years in prison.

The court’s decision to reject the petition was issued in a one sentence order. However, Justice Neil Gorsuch issued a separate statement where he agreed with the court’s decision to deny the appeal but criticized the lower court’s deference to the Bureau’s interpretation of the statutes.

Gorsuch stated that deference should not be given to the Bureau’s interpretation because: (1) the government failed to invoke it, (2) deference has no place when a person’s liberty is at stake, like in the present case where the penalty for possessing a bump-stock is prison for up to 10 years, and (3) the government has changed its mind as to whether bump-stocks qualify as machine guns or not too many times.