US Supreme Court throws out ban on bump stocks for guns

This blog originally appeared at BBC.

US Supreme Court lifts ban on gun bump stocks

The US Supreme Court has lifted the ban on bump stocks, a rapid-fire gun accessory used in America’s deadliest mass shooting.

In a 6-3 decision, the court ruled that the government lacked the authority to ban these accessories. The Trump administration had prohibited bump stocks after they were used in the 2017 Las Vegas shooting, which killed 60 people. A Texas gun shop owner challenged the ban, arguing that the government overstepped by classifying bump stocks as machine guns, which are largely illegal under federal law with certain exceptions. According to US law, the transfer or possession of machine guns made after May 19, 1986, is prohibited, although those obtained before that date can be legally transferred or possessed.

The court determined that a semi-automatic rifle with a bump stock does not meet the federal definition of a machine gun. The opinion, written by Justice Clarence Thomas, stated that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) had exceeded its authority. The court cited the legal definition of machine guns, stating that rifles with a bump stock “cannot fire more than one shot ‘by a single function of the trigger,’ and even if they could, they would not do so ‘automatically.'”

The decision saw dissent from the court’s three liberal justices: Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor. Justice Sotomayor warned that the ruling would have deadly consequences, noting, “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.” She argued that bump stocks fall under the type of weapons Congress intended to ban due to their destructive capacity.

During the case’s hearing in March, some justices expressed skepticism about the ban, focusing on the technical differences between bump-stock guns and machine guns. Justice Neil Gorsuch remarked that while he could understand the rationale for making bump stocks illegal, it was Congress’s responsibility to do so explicitly. In contrast, Justice Jackson emphasized that bump stocks were precisely the kind of weapons Congress aimed to restrict.

Bump stocks use a rifle’s recoil to rapidly fire multiple rounds by allowing the gun to slide back and forth between the user’s shoulder and trigger finger, enabling continuous firing without the user moving their finger. The Las Vegas shooter used bump stocks on 12 of his semi-automatic rifles, allowing him to fire hundreds of rounds per minute, similar to many machine guns.

A spokeswoman for Donald Trump’s campaign stated that “the court has spoken and their decision should be respected.” Meanwhile, a spokesman for President Joe Biden, who is set to debate Trump on June 27 as both candidates seek re-election, criticized the decision, asserting, “Weapons of war have no place on the streets of America.” they said.

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