Attorney General Merrick Garland plans to petition the Supreme Court for a writ of certiorari to settle the Circuit Court split surrounding bump stocks.
A Federal District Judge has issued a judgment in the Cargill case that challenged the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) bump stock ban but did not grant any relief.
Thus, Congress, not ATF or the courts, must decide if bump stocks or any other firearm should be criminally outlawed, and Congress has not done that with bump stocks.
The 5th U.S. Circuit Court of Appeals in New Orleans has struck down a Trump administration rule banning “bump stocks” in a 13-3 decision that could have national implications.