Supreme Court Takes Up 2019 Ban on Bump Stocks

Case centers on whether rule is legal, not constitutional
By Newser Editors and Wire Services
Posted Nov 3, 2023 2:09 PM CDT
Supreme Court Takes Up 2019 Ban on Bump Stocks
A bump stock is displayed in Harrisonburg, Virginia, in 2019.   (AP Photo/Steve Helber, File)

The Supreme Court agreed on Friday to decide whether a Trump era-ban on bump stocks, the gun attachments that allow semi-automatic weapons to fire rapidly like machine guns, violates federal law. The justices will hear arguments early next year over a regulation put in place by the Justice Department after a mass shooting in Las Vegas in 2017. Federal appeals courts have come to different decisions about whether the regulation defining a bump stock as a machine gun comports with federal law, the AP reports. The new case is not about the Second Amendment right to "keep and bear arms," but rather whether the Trump administration followed federal law in changing the bump stock regulation. A decision is expected by early summer.

The Supreme Court already is weighing a challenge to a federal law that seeks to keep guns from people under domestic violence restraining orders, a case that stems from the landmark decision in 2022 that expanded gun rights. The ban on bump stocks took effect in 2019. It stemmed from the Las Vegas shooting in which the gunman used assault-style rifles to fire more than 1,000 rounds in 11 minutes into a crowd of 22,000 music fans. Most of the rifles were fitted with bump stock devices and high-capacity magazines. A total of 58 people were killed in the shooting, and two died later. Hundreds were injured.

The Trump administration's ban on bump stocks was an about-face for the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. In 2010, under the Obama administration, the agency found that a bump stock should not be classified as a machine gun and therefore should not be banned. Following the Las Vegas shooting, officials revisited that determination and found it incorrect. Bump stocks harness the recoil energy of a semi-automatic firearm so that a trigger "resets and continues firing without additional physical manipulation of the trigger by the shooter," according to the ATF. A shooter must maintain constant forward pressure on the weapon with the non-shooting hand and constant pressure on the trigger with the trigger finger, according to court records.

(More US Supreme Court stories.)

Get the news faster.
Tap to install our app.
X
Install the Newser News app
in two easy steps:
1. Tap in your navigation bar.
2. Tap to Add to Home Screen.

X