No, Congress has not banned bump stocks, but they have banned machineguns made after May 1986 for possession by us mere mortals, and one of the federal law’s definitions of a MG is :“any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun.”
What the bureaucraps at ATF did was hang their regulatory hat on that, but to do so, they inventively redefined what ‘by a single function of the trigger‘ means.
That’s part of what this case is all about; How much power do bureaucraps have to regulate and how must the court defer to that power.

With Only Minutes To Spare Biden Administration Appeals Bump Stock Case to SCOTUS

AUSTIN, TX – On Thursday, April 6th, 2023 at 10:30 pm, With only minutes to spare, the DOJ filed Petition for A Writ of Certiorari.

The DOJ is also asking for a stay against the Circuit Court’s ruling until the United States Supreme Court can decide whether to grant certiorari. The Fifth Circuit Court of Appeals en banc ruled 13-3 in favor of Cargill. The court remanded the case back to the District Court to rule in favor of Cargill and issue appropriate relief on 01-06-2023.

“By ruling 13-3 in our favor, the Fifth Circuit reinforced the principle that the laws are to be written by Congress, not federal administrators. And if the Supreme Court agrees to hear the case, we are confident that it will uphold the Fifth Circuit’s decision,” says Michael Cargill.

Under our constitutional system, Congress makes the laws, not the Department of Justice or the ATF.

Congress has banned “machine guns” but it has not banned bump stocks. Agencies like DOJ and ATF can’t just assume the power to rewrite the law, or our constitutional system and separation of powers with checks and balances will disappear.

For years, the ATF said that bump stocks were not machine guns under the law. Now it is saying the opposite, which means that hundreds of thousands of law-abiding Americans who relied on the ATF’s approval of bump stocks are suddenly felons. That’s not how the law in America should work.

Whether to ban bump stocks is a question—and a responsibility—that lies with Congress, not agencies like DOJ and the ATF. If agencies take over that decision, our government is no longer accountable to the people.

Neither the President nor the Department of Justice can act by executive fiat to change the law. Congress—and only Congress—can convert lawful activity into unlawful activity. But Congress has not banned bump stocks, so the ATF’s rule violates the Constitution.

Garland, et al. v. Cargill Writ of Certiorari – Biden Administration Appeals Bump Stock Case to SCOTUS