Federal Judge Vacates ATF’s Bump Stock Rule
The Biden administration has been dealt a crushing blow by Senior United States District Judge David Alan Ezra.
Ezra has blocked the ATF’s bump stock rule, which resulted in bump stocks being confiscated.
The ruling supports the “right to possess,” which just proves again that Biden’s administration has had massive overreach.
Give Them Back
The plaintiff in the case is Michael Cargill (Cargill v. Garland), and the case has been going on for some time.
Cargill initially won his case, but there was no relief ordered.
The bump stock issue eventually made its way to the Supreme Court, where the court vacated a ruling by the 5th Circuit Court of Appeals.
The court had also ordered the lower court “to consider alterations to the judgment or other relief[.]”
On Monday, Judge Ezra ordered, “…that plaintiff Michael Cargill has the right to possess and transfer non-mechanical bump stocks under federal law, and that the federal statutory prohibitions against the possession and transfer of machineguns…do not limit Mr. Cargill’s rights or legal relations in this regard.”
Cargill explained the case during a recent interview, saying that he was going to challenge the fact that the ATF was creating laws, when that is not the process.
It is up to Congress to make laws, not government agencies of unelected officials.
Mark Chenoweth, President of the National Civil Liberties Alliance, applauded the ruling.
He stated, “ATF—and for that matter the Department of Justice—never should have approved this regulation. Only Congress can write criminal laws, and if ATF or any other federal agency wants to criminalize the ownership of something, it must ask Congress to pass a law.
“If another agency tries a similar stunt, know that NCLA will be there to sue you, too.”
Well, they will be pretty busy because numerous agencies in the Biden administration have been writing their own laws, and you can start with Homeland Security and Secretary Mayorkas on immigration.
