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A major win for gun rights advocates emerged as the U.S. District Court for the Western District of Texas vacated the ATF’s ban on bump stocks, citing overreach by federal agencies.
This decision, secured by the New Civil Liberties Alliance (NCLA) on behalf of client Michael Cargill, follows a June 2024 Supreme Court ruling that deemed the ban unlawful. This outcome ends a 5 ½-year battle for Cargill, who now expects to reclaim his property.
The District Court’s decision marks a significant moment in the ongoing debate over executive power and firearms regulation.
In early 2023, the Fifth Circuit Court of Appeals ruled in Cargill v. Garland that any bump-stock ban would require congressional action, ordering a judgment in Cargill’s favor.
However, while the court entered a judgment, it initially denied Cargill relief, effectively supporting the government’s stance. This impasse sent the case to the Supreme Court, where former Texas Solicitor General Jonathan Mitchell argued against the ban.
With the high court’s ruling in hand, the Fifth Circuit remanded the case, instructing the District Court to vacate the rule—a directive the District Court has now upheld, affirming Cargill’s right to own bump stocks.
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Sheng Li, Litigation Counsel at NCLA, expressed satisfaction with the decision, which means no American will need to mount individual legal challenges to invalidate the rule.
“The Government’s attempt to limit relief to just Mr. Cargill would have left in place ATF’s rule that the Supreme Court said was unlawful,” Li stated. He emphasized that the Administrative Procedure Act requires federal courts to “set aside” unlawful rules for everyone.
Jonathan Mitchell, who led NCLA’s arguments, also highlighted the case’s broader impact.
“We are pleased that the courts have fully repudiated this unlawful agency rule by vacating it across the board,” Mitchell stated, underscoring the need for lawmaking to remain in the hands of elected officials, not bureaucrats.
NCLA President Mark Chenoweth warned against future agency overreach, stressing that only Congress has the authority to pass criminal laws.
“If ATF or any other federal agency wants to criminalize the ownership of something, it must ask Congress to pass a law,” Chenoweth remarked, vowing that NCLA will stand ready to challenge any similar attempts in court.
This landmark case represents a significant win for 2A advocates, with a clear message: any future attempts to impose regulatory limits on gun ownership will face stringent legal scrutiny.
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ny and ca will not relinquish their control of the country and with help of the suburb states like wa, co, minn, mar, mi, ill and such they will continue to subvert the constitution and further communism!