SCOTUS Strikes Down Ban On ‘Bump Stocks’, Nevada Lawmakers React

Today, in a divided 6-3 decision (see below), the conservative justices of the Supreme Court of the United States ruled in Garland vs. Cargill, finding that the Bureau of Alcohol, Tobacco Firearms and Explosives (ATF) “bump stock” ban was unconstitutional.

The split decision reverses the 2018 ban that outlawed the device that mimics automatic weapons and was used in the deadliest mass shooting by one gunman in American history.

On October 1, 2017 a gunman opened fire on the Rt. 91 Harvest music festival from his suite at the Mandalay Bay Hotel and Casino in Las Vegas, using the accessory to fire more than 1,000 rounds, killing 60 people and wounding hundreds.

The court found that the DOJ and federal bureau “exceeded its statutory authority by issuing a Rule that classifies a bump stock as a “machinegun.”

Justice Clarence Thomas wrote the majority opinion, stating: “A bump stock merely reduces the amount of time that elapses between separate functions of the trigger.”

In a dissent joined by Justices Elena Kagan and Ketanji Brown Jackson, Justice Sonia Sotomayor wrote that the decision “will have deadly consequences.”

“When I see a bird that walks like a duck, swims like a duck and quacks like a duck, I call that bird a duck,” Sotomayor wrote. “Because I, like Congress, call that a machinegun, I respectfully dissent.”

The plaintiff, Michael Cargill, announced the ruling on X and why he stood and fought for the Second Amendment: “I stood and fought. Because of this, the bump stock case will be the case that saves everything. It’s going to stop the ATF from your coming after the brace, the triggers, and all different types of parts and pieces that they are trying to ban.”

Cargill ends his message with, “As always more guns equal less crime.”

Nevada Democrats would disagree.

I WON 6-3 Garland vs Cargill@centexguns @ComeAndTalkIt @NCLAlegal #bumpstock #CargillVGarland pic.twitter.com/g3K7FcGU6g

— Michael Cargill (@michaeldcargill) June 14, 2024

In a statement, Assemblywoman Sandra Jauregui (AD-41) who was at the festival but escaped unharmed, said, “No community has felt the devastating impact of bump stocks more than Nevadans. The Supreme Court ruling overturning a similar ban at the federal level is incredibly disheartening and will undoubtedly make communities less safe.”

She then took wild aim at “soulless, morally corrupt MAGA extremists,” stating, ” It is important to elect Democrats to ensure we keep our communities safe from the epidemic of Gun Violence and prevent soulless, morally corrupt MAGA Republicans beholden to the Gun Lobby from being in charge of the public safety of our communities.”

Jauregui signaled that the Democratic majority in the legislature are committed to passing “gun violence” prevention measures during the next legislative session.

In 2019, Jauregui sponsored Assembly Bill 291 to ban bump stocks. The legislation was signed into law by Democratic Governor Steve Sisolak.

Congresswoman Susie Lee (CD-3) vowed “this fight isn’t over.” Her colleague, Congressman Steven Horsford also vowed to fight for “common-sense gun reform.”

Senator Jacky Rosen said she was “outraged” by the decision, “For years, this ban has been a common-sense, bipartisan approach to keeping communities safer, and this shameful decision will put more lives at risk. It’s more important than ever for Congress to come together in a bipartisan way and pass legislation to permanently ban bump stocks.”

Congresswoman Dina Titus (CD-1) whose district is where the shooting occurred said she was “appalled.”

“To this day, the Route 91 massacre in Las Vegas on October 1, 2017, remains the deadliest mass shooting in modern U.S. history,” Titus said in a statement. “Let me be clear that the level of carnage we saw was enabled by bump stocks…This ruling hits home for many communities that have been impacted by gun violence caused by rapid fire gun accessories, including District One,” Titus said, referring to her congressional district.

In 2022, the House passed “Closing the Bump Stock Loophole Act,” introduced by Rep. Titus, that codifies the ATF ruling banning bump stocks and legislatively classifies them as machine guns. Titus is urging Congress to pass the legislation in the wake of the ruling.