{"id":99624,"date":"2024-01-27T21:02:14","date_gmt":"2024-01-28T03:02:14","guid":{"rendered":"https:\/\/milesfortis.com\/?p=99624"},"modified":"2024-01-27T21:05:48","modified_gmt":"2024-01-28T03:05:48","slug":"99624","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=99624","title":{"rendered":""},"content":{"rendered":"

I don’t have a bump stock, never did, probably never will. But when bureaucraps redefine a law to suit a political agenda restricting the people’s exercise of a right, they need to get slapped down….hard.<\/em><\/strong><\/p>\n

\n

CRPA & Allies File SCOTUS Amicus Brief in Garland v. Cargill<\/a><\/p>\n

CRPA has joined with several other pro 2A organizations and\u00a0filed a friend of the court \u201camicus\u201d legal brief<\/a>\u00a0in\u00a0Garland v. Cargill<\/em>. The case is set for argument before the Supreme Court on February 28, 2024.<\/p>\n

The\u00a0Cargill\u00a0<\/em>case will decide whether a bump stock device is a \u201cmachinegun\u201d as defined in\u00a026 U.S.C. \u00a7 5845(b)<\/a>\u00a0because it is designed and intended for use in converting a rifle into a machinegun, i.e., into a weapon that fires \u201cautomatically more than one shot \u2026 by a single function of the trigger.\u201d<\/p>\n

The case is primarily about the scope of the ATF\u2019s regulatory authority and whether it can freely change its positions and interpretations of federal law. It does not explicitly involve any Second Amendment claims. Nonetheless, our amicus brief advises the Court about the significant risk to Second Amendment rights if it rules in favor of the ATF. The ATF has shown an unfortunate willingness to reverse its opinion about the legality of a device whenever it suits the political whims of the Biden administration.<\/p>\n

ATF did this on bump stocks, incomplete lower receivers, and pistol braces. So our amicus brief warns the Court that if it finds that a bump stock is a \u201cmachine gun,\u201d the logical next step that ATF, or governments hostile to the Second Amendment,\u00a0could pursue would be to reclassify most or all semiautomatic rifles as illegal fully-automatic machineguns because they could be converted (illegally) to fully automatic. There is support for that position in the Seventh Circuit\u2019s recent absurd ruling upholding Illinois\u2019s \u201cassault weapon\u201d ban, where it wrongly concluded that the semi-automatic AR-15 and the fully automatic M-16 were virtually indistinguishable so that semi-automatic rifles can be banned.<\/p>\n

The amicus brief lays out a history demonstrating that Americans have always owned so-called \u201cmilitary\u201d small arms, and expanding the ATF\u2019s authority such that it believes it could regulate semiautomatic firearms would cause chaos and potentially millions of accidental criminals.<\/p>\n

Joining CRPA on the brief are the\u00a0Second Amendment Law Center<\/a>,\u00a0Second Amendment Defense<\/a>\u00a0and Education Coalition<\/a>,\u00a0Federal Firearms Licensees of Illinois<\/a>, and\u00a0Guns Save Life<\/a>. Multiple additional briefs are expected to be filed in the next few days.<\/p>\n

The brief urges the Supreme Court to affirm the 5th Circuit\u2019s ruling in favor of Mr. Cargill, and to reaffirm that commonly possessed semiautomatic rifles cannot be banned. \u00a0You can read the brief HERE<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

I don’t have a bump stock, never did, probably never will. But when bureaucraps redefine a law to suit a political agenda restricting the people’s exercise of a right, they need to get slapped down….hard. CRPA & Allies File SCOTUS Amicus Brief in Garland v. Cargill CRPA has joined with several other pro 2A organizations … 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":[39,23,36],"tags":[],"class_list":["post-99624","post","type-post","status-publish","format-standard","hentry","category-bureaucraps","category-courts","category-gun-schtuff"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/99624","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=99624"}],"version-history":[{"count":3,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/99624\/revisions"}],"predecessor-version":[{"id":99627,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/99624\/revisions\/99627"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=99624"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=99624"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=99624"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}