Bump Stock Freedom Week?!? DOJ Fails To File Appeal with Supreme Court!

The US Department of Justice (DOJ) failed to appeal the bump stock ban ruling to the Supreme Court by the deadline. This decision, stemming from the Cargill v. Garland case where a Texas shop owner successfully challenged the ban, means bump stocks are currently legal in Texas, Mississippi, and Louisiana. The DOJ's inaction suggests a strategic avoidance of a potential nationwide ruling against such bans, possibly due to concerns about the Supreme Court's interpretation of the Second Amendment under the Bruen decision and the principle of Chevron deference.

Quick Summary

The US Department of Justice (DOJ) did not appeal the bump stock ban ruling to the Supreme Court by the deadline. This means bump stocks are currently legal in Texas, Mississippi, and Louisiana, following the 5th Circuit's decision in Cargill v. Garland. The DOJ's inaction suggests a strategic avoidance of a potential nationwide ruling against such bans, possibly due to concerns about the Bruen decision.

Chapters

  1. 00:00Sponsor: Sonoran Desert Institute
  2. 00:35Bump Stock Freedom Week Introduction
  3. 00:56DOJ Fails to Appeal Bump Stock Ban
  4. 01:40DOJ's Options and Implications
  5. 02:40Why DOJ Didn't Appeal (Bruen, Chevron)
  6. 03:15Chevron Deference and Criminal Penalties
  7. 03:57Future of Gun Control Litigation
  8. 04:48Call to Action and Final Thoughts

Frequently Asked Questions

Did the DOJ appeal the bump stock ban to the Supreme Court?

No, the US Department of Justice (DOJ) failed to file an appeal to the Supreme Court regarding the bump stock ban by the established deadline. This decision stems from the Cargill v. Garland case.

What is the current legal status of bump stocks after the DOJ's decision?

As of the DOJ's decision not to appeal, bump stocks are currently legal and back on shelves in Texas, Mississippi, and Louisiana. This ruling followed the 5th Circuit Court of Appeals striking down the ban.

Why might the DOJ have chosen not to appeal the bump stock ban?

The DOJ likely feared the Supreme Court would strike down the ban nationwide based on the Bruen decision's reliance on text, history, and tradition, which could set a damaging precedent against future gun control measures.

What is Chevron deference and how does it relate to the bump stock ban?

Chevron deference typically allows agencies like the ATF deference on ambiguous laws. However, when criminal penalties are involved, this deference is reduced, potentially weakening the ATF's argument for the bump stock ban.

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