A Federal District Judge has issued a judgment for Michael Cargill in a case where Mr. Cargill challenged the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) bump stock ban (Cargill vs. Garland). However, District Judge David Ezra did not grant Cargill and gun owners relief.
The Trump-era bump stock ban came after a deranged man killed over 50 people in Las Vegas. According to the FBI, the gunman allegedly had an AR-15 equipped with a bump stock.
President Donald Trump ordered the ATF to issue a rule to ban bump stocks. The device did not meet the definition of a machine gun. The ATF changed the definition through Chevron deference. Under the new rule, the ATF designated bump stocks as machine guns.
District Judge David Ezra initially ruled against Cargill. The Judge is a Ronald Reagan appointee assigned to a Hawaiian District court before relocating to Texas. Even though a Republican appointed the judge, the judge has shown hostility towards gun rights.
Mr. Cargill appealed the judge’s decision to the Fifth Circuit Court of Appeals, claiming that the District Judge got it wrong. The Fifth Circuit agreed with Cargill finding that the ATF violated the Administrative Procedures Act (APA).
They called out the ATF for trying to circumvent Congress by making a de facto law. The Circuit Court remanded the case back to the District Court to rule in favor of the Plaintiff and issue the appropriate relief.
“Having determined that the judgment of the district court must be reversed, we remand this case to the district court to enter judgment for Cargill and to determine the proper scope of relief,” The Circuit Court’s decision read.
Judge Ezra received the case back, ruled in favor of Mr. Cargill, and ordered the case closed, but the judge did not grant any relief, leaving the issue of legality for bump stocks undecided.
The judge could have granted an injunction on the rule just for Cargill, for only the district, the circuit, or the nation. By not specifying an area, the judge created a massive gray area.
AmmoLand News spoke with Cargill about Judge Ezra issuing a decision for him and closing the case without giving any relief. Mr. Cargill was not surprised by the judge’s action.
“This is an activist judge, and he gave a middle finger to the Fifth Circuit,” Cargill said. “He basically took his toys and went home.”
Cargill’s lawyers could file a motion to amend the decision in the case or ask the Fifth Circuit to reopen the case and grant relief on an emergency basis. One thing is clear; Judge Ezra ignored the Fifth Circuit’s ruling by not granting relief.
The Justice Department has until April 6 to appeal the decision to the Supreme Court. Since there was an 8-8 split in the Sixth Circuit and the Tenth Circuit found for the Government, SCOTUS would almost be forced to take the case because of the circuit split.
Cargill states that he and his attorneys have a plan but are not ready to disclose the plan at this time.
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
how is this p.o.s. still sitting on the bench? disbarment will not help, he needs to be in prison with the people he sentenced there.
This judge and hundreds like him should indeed be terminated from government employment and imprisoned for gross violations of the Constitution and citizens’ rights. They can join most of the House and Senate, Biden and others.
Therein lies the problem with lifetime appointments. Ezra’s not the only lifetime appointment that should be living out the rest of their days in a prison cell.
The people can remove life-time appointees.
HLB
I was hoping Ezra was in his mid-late 80’s and would be retiring soon. He’s only 76 and still has time to rule against the Constitution, 2nd. Amendment. And more bad news, FJB has appointed more Federal Judges since JFK and he has 2 more years to go. https://www.pewresearch.org/fact-tank/2022/08/09/biden-has-appointed-more-federal-judges-than-any-president-since-jfk-at-this-point-in-his-tenure/
The Founding Fathers were pretty clear in telling us what we need to do.
And when that breaks out, a lot of these POS “judges” and other POLYTICKSHUNS are going to be worm fertilizer.
It would help if the RINOS would not keep confirming his nominees!
Exactly. McConnell (China Mitch), Lindsey Graham, Susan Collins, Mitt Romney, Lisa Murkowski, etc. (the whole RINO Pack that voted for FJB’s 1.2 Trillion Dollar Pork Deal) desperately need to go. These are the same ones voting in the Left Wing Judges we have to deal with for years to come.
Yeah, and it wasn’t too long after he had made a statement about how evil Fox News was to let Tucker Carlson release the videos on Jan. 6. They will soon have a national holiday and call it ‘Insurrection Day’! Figures that they call the tapes modified and brief segments that were altered to fit the wrong scenario.
I thought that John Kennedy was a good guy, but I am now an enlightened conservative. I knew about the others, but I was not “pleasantly ” surprised about Kennedy.
Yeah, all these Republicans talk about freedom of speech and when it actually comes down to it, it is freedom of speech for me and not thee. Ass wipes all! On another note, and I still am not sure about McCarthy, but in this case having Tucker do it is far better than Hannity …….Hannity doesn’t have the temperment to deliver this kind of material to the public…….I think Tucker does. JMO
So that’s 3 that need to go who are now hospitalized including John Fetterman and Diane Feinstein. They are lucky the Angel of Death Nurse Charles Cullen is no longer lurking around the hospital corridors at night to put them out of our misery via an after dark large injection of digoxin.
These judges rule depending on who scratches their ass instead of the Constitution.
I hope one day that artifical intelligence that is non bias and takes the true meaning of the Constitution and applies to America so we can do away with bias judges.
I know it sounds far fetched, but it would be great if a computer that only had the Constitution programed into and a question of law was submitted to the computer and it made its ruling strictly by the Constitution instead of a stupid judge who thinks he is so smart
Might be a good idea. AI “judges”.
Every one of the millions of lines of code that simulate intelligence in a computer is written by a human, or other code that was written by a human, who has inherent bias, usually liberal. There is no unbiased nature to this Artificial Intelligence beast because it is artificial at it’s root.
HLB
I hope the 5th Circuit will slap the judge down a bit in its eventual decision when they get this case on appeal again. If we had a real Congress, this judge would be impeached, because this was a total F-U to the the 5th Circuit, the Supreme Court, the Bauer decision, and, most importantly, to the plaintiff who he has denied relief without any basis in law for doing so.
When you expose the frauds and other crimes the legal system’s Actors, Operators, Agents and Officers commit, they instantly lose ALL pretense of their power and authority over us! How can they not? Since when, do we have to obey the edicts and dictates of known criminals?? Answer me that, if you can! No one can, because the logic there is infallible! No man or woman has the right to commit crimes, and no man or woman has a valid obligation to be made a victim of anyone’s crimes!!
“A regrettably large share of our legal experiences operate not in the shadow of the Constitution and its constraints, but rather in the shadow of explicitly unconstitutional rules, actions, and orders. In the time it takes for improper Executive Orders to be reined in, for illicit administrative decisions to be corrected, and for misinterpretations of constitutional power to be overturned, so much of society’s activity is framed by what we might call the not-Constitution — all those acts of government that are deemed illegal only after they have caused enduring harm. A most troubling aspect of government power is its… Read more »
Government has a more deep-state and long-term consistency than generational change among the people, who are supposed to run the government. I think that is why the people always respond to a government edict with the notion that they have to comply – the government has been around longer than they have. The people start each new generation with little carry-over from the last, whereas the government has its written policies and laws and judicial decisions to build upon.
The government needs to be reset.
HLB
Bring manufacturing back to America; hempen rope futures are about to skyrocket.
We can only hope. Maybe 9mm ammo will be come really scarce again due to it being used on violators of their oath of office public “officials”.
Another oath violating POS “judge” that needs to be removed from his position of “authority” ASAP.
bump stock ban came after a deranged man killed over 50 people in Las Vegas. According to the FBI, the gunman allegedly had an AR-15 equipped with a bump stock. You believe the EffBeeEye? Crazyman. they have ALLEDGED these statements but NO PROOF has ever been put forward. In fact, when BATF wanted to take some of the firearms found in that room to examine them FBI denied. I’ve seen the photos from insde that room afterward. Yes there were rifles with bump stocks attached… but EVRYTHING in that room was staged, carefully laid out. I’m a professional photpgrapher and… Read more »
IMO, Tio. the whole incident was staged for whatever reason. The FBI has turned into a rogue agency bent on removing our unalienable rights and assisting the commies of the world to end our Republic, forever! I also heard fully auto fire and I have listened to too many people that saw the black helicopters during the massacre, if that is what you want to call ii. Yamamoto was right. Our government is afraid of us and we must never give in.