To look a little deeper in the decision, Justice Alito’s concurrence is disturbing. He’s pretty much telling Congress to please pass a law banning them, which is strange coming from a justice well known for his pro-2nd amendment views. But even if he hadn’t signed onto the decision, it would still have been 5-4 majority.<\/p>\n
I join the opinion of the Court because there is simply no other way to read the statutory language. There can be little doubt that the Congress that enacted 26 U. S. C. \u00a75845(b) would not have seen any material difference between a machinegun and a semiautomatic rifle equipped with a bump stock. But the statutory text is clear, and we must follow it. <\/strong><\/span><\/p>\n
The horrible shooting spree in Las Vegas in 2017 did not change the statutory text or its meaning. That event demonstrated that a semiautomatic rifle with a bump stock can have the same lethal effect as a machinegun, and it thus strengthened the case for amending \u00a75845(b). <\/strong><\/span><\/p>\n
But an event that highlights the need to amend a law does not itself change the law\u2019s meaning. There is a simple remedy for the disparate treatment of bump stocks and machineguns. <\/strong><\/span><\/p>\n
Congress can amend the law\u2014and perhaps would have done so already if ATF had stuck with its earlier interpretation. <\/strong><\/span><\/p>\n
Now that the situation is clear, Congress can act.<\/strong><\/span><\/p><\/blockquote>\n
<\/p>\ncargill v atf<\/a>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
To look a little deeper in the decision, Justice Alito’s concurrence is disturbing. He’s pretty much telling Congress to please pass a law banning them, which is strange coming from a justice well known for his pro-2nd amendment views. But even if he hadn’t signed onto the decision, it would still have been 5-4 majority. … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,89,106],"tags":[],"class_list":["post-102430","post","type-post","status-publish","format-standard","hentry","category-courts","category-observation-o-the-day","category-things-that-make-you-go-what"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/102430","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=102430"}],"version-history":[{"count":2,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/102430\/revisions"}],"predecessor-version":[{"id":102434,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/102430\/revisions\/102434"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=102430"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=102430"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=102430"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}