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
About Michael Cargill
Michael Cargill has over 35 years of firearms experience in the military and private sector combined. Michael has taught more than 50,000 people the required material to obtain Texas private security and handgun licenses. Over more than 12 years, he has a greater than 99% student success rate. Michael is the owner of Central Texas Gun Works (CTGW), a U.S. Federal Firearms License (FFL) dealer. He frequently speaks about firearms in person and on film, television, and radio, including the Come And Talk It radio show that he produces and hosts. Michael resides in Austin, Texas.
For more information visit www.michaelcargill.com.
No, Mr “editor in chief”, whether to ban bump stocks is neither a question nor a responsibility that lies with Congress. The law of the land has explicitly taken that authority away from them with the 2nd amendment. The fact they assumed power that was expressly denied to them, over and over banning, taxing and infringing on our rights to keep and bear arms in no way, shape or form legitimizes their misdeeds. All gun control laws are unconstitutional infringements, and that cannot be forgotten.
“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.”
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THIS SENTENCE IS 100% WRONG about MACHINE GUNS BEING BANNED!!! CONGRESS HAS NOT BANNED “MACHINE GUNS”! The IRS DIRECTOR, under the guise of congress, has only made it MORE COSTLY to OBTAIN ONE and the ATF HAS MADE IT EXTREMELY DIFFICULT BY ILLEGAL RULES AND REGULATIONS VIA PAPER TRAIL TO KEEP ONE!
Now Pistol Braces !
A stupid piece of plastic. Are liberals fearful of being shot one day or what???
SCOTUS already ruled deference does not apply to issues of criminal law. Agencies cannot use deference to send people to jail by wordsmithing and “reimagining” laws, statutes and regs.
That’s why I don’t respect the Constitution. There is no “equal justice under law” in the U.S.