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.
What do ypu expect? He choses to live in Austin.
“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.”
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!
I don’t care if they are technically “banned” or not. What matters is the inavailability of modern tech and engineering; and the absurd cost to purchase due to gross interferenc in the free market by gubmint.
When the law says you can not manufacture new machine guns for the public to buy, that is a ban.
Now Pistol Braces !
And forced reset triggers.
A stupid piece of plastic. Are liberals fearful of being shot one day or what???
Funny how you ignore that it was Far right Trump who did this
People act in strange ways.
I was never really certain just where “the Donald” stood on the Second Amendment. Maybe his decision was based on advice from some of the political appointees (probably recommended by the Turtle)!
I think Trump was a strong person with strong ideas, but he signed up for a dull job where all you have to do is enforce the Law and the Constitution. Unfortunately, to fly high and enjoy the thrill of the Presidency, he had to compromise with the other side and since there were only a few bump stock people he threw them under the bus. The next one of you who runs in to him, just ask him would you?
One of the most laughable things I’ve heard today. and, today has been a vewwwy funny day, huh Bugs?
He was not “far right”. He gave U.S. raxpayer bailout money to U.S. airlines that refuse to buy airliners from a U.S.manufacturer.
It was DJT pandering to liberal clowns such as yourself . The SCOTUS fixed it though and now you liberal clowns have your panties all bunched up again !
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.
First, a division in the opinions of the several circuit courts is due to the Judiciary Act, not the Constitution. Second, just because men corrupt the intentions of the framers is no reason to disregard the Constitution. The framers of the our Constitution worked hard to foresee and solve problems in favor of the people. Many of the framers could not stand each other but put aside their dislike for each other to come up with a planned form of government dedicated to the people. They debated in an unairconditioned room in brutal heat until they thought that they had… Read more »
“Congress—and only Congress—can convert lawful activity into unlawful activity.”
…Except when the lawful activity is the exercise of a Right guaranteed by the Constitution!
Yup, like poll taxes and that NFA nonsense. All are unconstitutional fees assessed on rights, and citizens are under no obligation to pay them any heed.
Here’s the bottom line in all of this B.S. The entire legal system is corrupted, it’s a criminal cabal that is incompetent, immaterial and irrelevant! How can a criminal have the power to command others? What gives them that Right?? No one yet can give a cogent reply to those simple questions!!
So many questions. If cert is granted,will the Cargill lawyers have the moxie to request the court to rule 18 U.S.C. 922(o)(1), the ‘Hughes amendment’, unconstitutional? How many justices can understand that with a bump stock only one round will fire per function of the trigger and how many of the justices will care? Will a savvy justice ask the DOJ lawyer ‘if their petition really meant “discharging potentially hundreds of bullets per minute” or did it mean simply at a rate of several hundred per minute? Wouldn’t an AR-15 rifle overheat and malfunction before firing that many rounds within… Read more »
l issue a writ of F 0FF to these m0r0ns.
All together now: “Thank you Pres. Trump for infringing our rights.”
Thank you DemoKKKrat COMMUNISTS for ILLEGALLY INFRINGING upon American Citizens’ RIGHTS and FREEDOMS for OVER 150 YEARS!!! You are now receiving your COMEUPPANCE via the COURT SYSTEM! LET FREEDOM RING!!!!!!!!!!
Did you miss the sarcasm?
You may have been thinking sarcasm in your head, but there’s nothing in your post that outwardly portrays it.
@Hazcat: At this time in history, no, I read no sarcasm into your comment. Next time, perhaps put “(sic)” or “(NOT)”, have a good day.
Dude, you just got ratio’d.
Isn’t it funny how many downvotes you get for calling out Trump’s infringement versus literally any other person? The TDS is strong here.
Brother, I am the most rabid, extremist, right-wing 2A man I know, in a life spent seeking out members of the tribe; more 2A than anything anyone else on here, or at least than anyone on here is willing to post. After my home, meaning essentially between my firearms and my cars, the Left is actively working to take 99% of everything I own away from me. Yes, DJT got a lot of bad advice from asshat Deep State advisors, and yes, he was instrumental in sacrificing bump stocks; but in the scheme of infringements, bumpstocks are a McDonald’ happy… Read more »