BREAKING NEWS: Supreme Court Overtuns Bumpstock Ban!

Thank you very much for the information that we are live you know you can hear me and see me. Let’s do this. This decision just came down. I want to first thank my friend my personal friend and hero Steven Williford the Barefoot Defender Sutherland Springs Texas shooting if you don’t know about Steven you need to know about Steven he called me I was out helping the wife in the garage. Let’s go Supreme Court just came down with the decision that we’ve been waiting for in the Cargill case the Supreme Court just ruled 6 to 3 and wait to hear what they said.

This is phenomenal. Let’s get into it. I’m reading this for the first time myself okay. Argued this was argued on February 28th 24th through June and was decided today. The National Firearms Act of 1934 defines a machine gun as any weapon which shoots is designed to shoot or can be readily restored to shoot automatically more than one shot without manual reloading by a single function of the trigger. With a machine gun a shooter can fire multiple times or even continuously by engaging the trigger only once this capability distinguishes a machine gun from a semi-automatic firearm.

With a semi-automatic firearm the shooter can only fire one time by engaging the trigger using a technique called bump firing. Shooters can fire semi-automatic firearms at rates approaching those of some machine guns. A shooter who bump fires a rifle uses the firearms recoil to help rapidly manipulate the trigger. Although bump firing does not require any additional equipment a bump stock is an accessory designed to make the technique easier. A bump stock does not alter the basic mechanics of bump firing and the trigger still must be released and re-engaged to fire each additional shot.

Six to three this is. For many years the Bureau of Alcohol, Tobacco, Firearms and Explosives consistently took the position that semi-automatic rifles equipped with bump stocks were not machine guns under section 5845 Bravo. ATF abruptly changed course when a gunman using a semi-automatic rifle equipped with bump stocks fired hundreds of rounds into a crowd in Las Vegas Nevada killing 58 people and wounding over 500 more. ATF subsequently proposed a rule that would repudiate its previous guidance and amend its regulations to clarify that bump stocks are machine guns. ATF’s rule ordered owners of bump stocks either to destroy or surrender them to the ATF to avoid criminal prosecution and in case he’s watching I’m not paying attention to the chat at the moment Michael Cargill thank you for pushing forward when others might not have been able to.

Michael Cargill surrendered two bump stocks to ATF under protest then filed a suit to challenge the rule under the Administrative Procedure Act. As relevant Cargill alleged that ATF lacked statutory authority to promulgate the rule because bump stocks are not machine guns as defined in section 5845 Bravo. After a bench trial the district court entered judgment for the ATF. The Fifth Circuit initially affirmed but reversed after hearing en banc. A majority agreed that section 5845 Bravo is ambiguous as to whether a semi-automatic rifle equipped with a bump stock fits the statutory definition of a machine gun and resolve that ambiguity in Cargill’s favor.

Held the ATF exceeded its statutory authority by issuing a rule that classifies a bump stock as a machine gun under 5845 B Bravo. Guys I don’t know if you’re paying attention this is the third ruling against ATF in like four days. I told you it was gonna get good and the fruit is starting to be bared. Bared? Born? You know what I mean. Alright. A. A semi-automatic rifle equipped with a bump stock is not a machine gun as defined by 5845 B because one it cannot fire more than one shot by a single function of the trigger and two even if it could it would not do so automatically.

ATF therefore exceeded its statutory authority by issuing a rule that classifies bump stocks as machine guns. I need you all to do me a favor go down and hit that like button there’s 2800 people in here 650 likes we need this to get through the algorithm just hit that button it’ll take you a second I’m gonna keep reading you just hit like and hopefully subscribe. Alright. B. A semi-automatic rifle equipped with a bump stock does not fire more than one shot by a single function of a trigger. The phrase function of the trigger refers to the mode of action by which the trigger activates the firing mechanism.

No one disputes that a semi-automatic rifle without a bump stock is not a machine gun because a shooter must release and reset the trigger between every shot and any subsequent shot fired after the trigger has been released and reset is the result of a separate and distinct function of the trigger. Nothing changes when a semi-automatic rifle is equipped with a bump stock. Between every shot the shooter must release the pressure from the trigger and allow it to reset before re-engaging the trigger for another shot. A bump stock merely reduces the amount of time that elapses between separate functions of the trigger.

Oh boy they were listening to what all these gun folks were saying this is awesome. ATF argues that a shooter using a bump stock must pull the trigger only one time to initiate a bump firing sequence of multiple shots. This initial trigger pull sets off a sequence fire recoil bump fire that allows the weapon to continue firing without additional physical manipulation of the trigger by the shooter. This argument rests on the mistaken premise that there is a difference between the shooter flexing his finger to pull the trigger and pushing the forearm forward to bump the trigger against his stationary trigger.

Moreover, ATF’s position is logically inconsistent because its reasoning would also mean that a semi-automatic rifle without a bump stock is capable of firing more than one shot by a single function of the trigger. Yet ATF agrees that this is not the case. ATF’s argument is thus at odds with itself. See, even if a semi-automatic rifle with a bump stock could fire more than one shot by a single function of the trigger it would not do so automatically. Section 5845B specifies the precise action that must automatically cause a weapon to fire more than one shot, a single function of the trigger.

If something more than a single function of the trigger is required to fire multiple shots the weapon does not satisfy the statutory definition. Firing multiple shots using a semi-automatic rifle with a bump stock requires more than a single function of the trigger. A shooter must maintain forward pressure of the rifle’s front grip with his non-trigger hand. Without this ongoing manual input a semi-automatic rifle with a bump stock will not fire multiple shots. ATF counters that machine guns also require continuous manual input from a shooter. The shooter must both engage the trigger and keep it pressed down to continue shooting.

ATF argues there is no meaningful difference between holding down the trigger of a traditional machine gun and maintaining forward pressure on the front grip of a semi-automatic rifle with a bump stock. This argument ignores that Congress defined a machine gun by what happens automatically by a single function of the trigger. Simply pressing and holding the trigger down on a fully automatic rifle is not manual input in addition to the trigger’s function. By contrast, pushing forward on the front grip of a semi-automatic rifle equipped with a bump stock is not part of functioning the trigger and they are slaying the ATF.

They’re crushing them. This is phenomenal. Another landmark decision here. Moreover, a semi-automatic rifle with a bump stock is indistinguishable from the Ithaca Model 37 shotgun. A weapon the ATF concedes cannot fire multiple shots automatically. ATF responds that the shooter is less physically involved with operating a bump stock equipped rifle than operating a Model 37. It explains that once a shooter pulls the rifle’s trigger a single time the bump stock harnesses the recoil, the firearms recoil energy and continuous back-and-forth cycle that adopts the shooter that allows a shooter to contain to continue firing.

But even if one aspect of a weapons operation could be seen as automatic that would not mean the weapon shoots automatically more than one shot by a single function of the trigger automatically. That’s the key emphasis and single function of a trigger. D, Delta, abandoning the text. ATF attempts to shore up its position by relying on the presumption against ineffectiveness. That presumption, thank you for the super chats y’all. I’m sorry I missed a few of them and I’m sorry I just whacked my microphone. That presumption weighs against interpretations of a statute that would render the law in a great measure, nugatory and enable offenders to elude its provisions in the most easy manner.

In ATF’s view Congress restricted machine guns because they eliminate the manual movements that a shooter would otherwise need to make in order to fire continuously at a high rate of fire as bump stocks do. So ATF reasons concluding that bump stocks are lawful simply because the trigger moves back and forth would exalt its artifice above reality and enable evasion of the federal machine gun ban. The presumption against ineffectiveness cannot do the work the ATF asks it to. Interpreting 5845 Bravo to exclude semi-automatic rifles equipped with bump stocks comes nowhere close to making the statute useless and this was affirmed by, see the opinion was delivered by Justice Clarence Thomas who is single-handedly destroying ATF lately in which Justice Roberts, I mean Chief Justice Roberts, Alito Gorsuch Cavanaugh and Barrett joined.

Justice Alito also filed his own concurring opinion and who do you think came against it? The Wackos. Sotomayor filed the dissenting opinion in which Regan and Jackson joined. Now I just read you the opening. There’s another four to 39 pages that I still have to read but the most important thing is is the United States Supreme Court has just ruled six to three that ATF’s bump stock ban is unconstitutional and that’s great. ATF you’re getting your teeth kicked in for your unconstitutional BS and it’s phenomenal. Guys and gals this is great Michael Cargill I don’t have a hat on in fact the back of my head’s getting stunned cooked but my hat is off to you Michael.

Congratulations you’ve earned this and the rest of the country is grateful because you pushed the Supreme Court to make a landmark decision in favor of the Second Amendment destroying the Second Amendment. I mean destroying this destroying the ATF who’s trying to destroy the Second Amendment. So thank you on behalf of America and it just so happens that this happened on Flag Day so you know our forefathers are talking to us and I hope we’re listening. Gals and guns thank you so much thanks to all who made this happen and all who never complied and thank you don’t gotta thank me I appreciate you if I can figure out how to do this here I missed a couple I just want to give credit to everybody retired army CSM Hernandez thank you appreciate you my friend and sorry for my finger on the screen Valhalla Christ remember folks this one was Trump’s doing absolutely which will undergrounds which Biden then used to justify the brace rule it’s a big club and we’re not in it 100% that Tom door thank you very much look this was a ban that took place under Donald Trump’s watch there is no way around that there is no way around that and this ban used not so Joe Rogan you met at X Cal Virginia I’ll see you there on the one here coming up pivotal defense a buddy thank you very much this single ban by ATF was the the start of the rest that were using what is called Chevron deference now without going crazy into the weeds Michael Meadows thank you for keeping the form thank you for watching if y’all just hit that like button and subscribe though that would help me out a lot so Chevron deference is basically what ATF has been using for their all of their bands since the bump stock ban emacs tactical thank you I fear the day that Thomas is no longer on the Supreme Court a legendary patriot has single-handedly helped our Bill of Rights keep alive yes 100% we need to keep Clarence alive and well not so Joe Rogan thank you brother Daryl Hatfield keep it up thank you so much y’all are amazing 14-inch stay stay 14 inch dubs thank you brother appreciate you Eddie Alfred outstanding news USMC vet here keep teaching us the facts I’ll be in Johnson City Tennessee next week we’ll have to grab a beer what say I am NOT actually gonna be in town next week as long as I can walk and I am feeling compared to what I’ve been in the last two weeks I’m feeling really good so hit me up again on my email and if I’m here yes Ryan Swigard thank you very much Paul I don’t want to but your name but am Bart some yes thank you very much sorry man Chris Reed thank you so yes this is what ATF used for all their bands the brace rule the frames and receivers read up redefinition this engaged in the business all these things that are going to be shot down I mean look what happened the Supreme Court just eviscerated them and said you can’t do what you just did yet they’ve done it several other times rose thank you I’d go on X to comment about this but I got man try doing it try every up and cuz they they’re pretty friendly to us now over there but yeah they’re all going to fall I’ve been saying this and saying this like keep the faith y’all keep the faith our forefather set up this this process for a reason and it’s working I know it sucks that it takes forever and it takes a lot of money which I say support those who support you but it’s happening literally this is a great time to be alive
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