SCOTUS ATF FIGHT: DOJ MAKES HUGE ADMISSION...AUDIO PROOF HERE

Published on March 1, 2024
Duration: 12:50

This analysis of the Supreme Court's Cargill v. Garland case, featuring constitutional attorney Mark W. Smith, dissects the ATF's bump stock ban. The core argument revolves around the legal definition of a machine gun under the National Firearms Act of 1934, which hinges on a single trigger function, not rate of fire. The discussion highlights attempts by anti-gun advocates and the Biden administration to broaden this definition through judicial interpretation rather than legislative action.

Quick Summary

The legal definition of a machine gun under the National Firearms Act of 1934 hinges on a 'single function of the trigger' to fire multiple shots, not the 'rate of fire.' The DOJ attorney in the Cargill v. Garland bump stock case admitted it's a 'function statute,' not a rate-of-fire statute.

Chapters

  1. 00:00Bump Stock Case Introduction
  2. 00:46Speaker Introduction: Mark Smith
  3. 00:58Case Background & Anti-Gun Tactics
  4. 01:42Legal Definition of Machine Gun
  5. 02:53Importance of Machine Gun Definition
  6. 03:26Anti-Gun Stance on Rate of Fire
  7. 04:17Justice Jackson's "800 rounds a second"
  8. 04:58Critique of Justice Jackson's Logic
  9. 06:14Justice Jackson's "800 rounds" Again
  10. 06:31Justice Jackson's "800 bullets"
  11. 06:56Justice Gorsuch on High Rate of Fire
  12. 07:33Justice Kagan on Bump Stock Function
  13. 08:30DOJ Attorney's Admission on Rate of Fire
  14. 09:31Anti-Gun Strategy: Redefining Machine Guns

Frequently Asked Questions

What is the core legal definition of a machine gun under federal law?

Under the National Firearms Act of 1934, a machine gun is defined as any weapon that 'shoots or is designed to shoot automatically more than one shot without manual reloading by a single function of the trigger.' This definition is crucial in the Cargill v. Garland bump stock case.

Why is the 'rate of fire' irrelevant to the legal definition of a machine gun?

The federal definition of a machine gun focuses on the 'single function of the trigger' to fire multiple shots, not the speed at which those shots are discharged. Therefore, a high rate of fire, while achievable with devices like bump stocks, does not inherently make a firearm a machine gun by statutory definition.

What is the main argument against the ATF's bump stock ban in the Cargill v. Garland case?

The primary argument is that bump stocks do not convert a semi-automatic rifle into a machine gun as defined by the National Firearms Act of 1934. Critics contend that the ATF is attempting to rewrite federal law through regulation, rather than through Congress, by focusing on rate of fire instead of trigger function.

What admission did the DOJ make regarding the bump stock case?

The Department of Justice attorney acknowledged that the statute governing machine guns is not a 'rate-of-fire statute' but a 'function statute.' This admission supports the argument that the legal definition hinges on the trigger's mechanism, not the speed of firing.

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