Following the Fifth Circuit Court of Appeals’ decision to invalidate the Bureau of Alcohol, Tobacco, Firearms and Explosives’ administrative ban on bump stocks, the Department of Justice was given until last Monday to challenge the ruling before the Supreme Court. However, since the DOJ did not take any action, the Fifth Circuit’s order became effective, which allowed three states, Texas, Louisiana, and Mississippi, to begin selling bump stocks once again.
Michael Cargill, the owner of Austin’s Central Texas Gun Works, sued to challenge the ban in 2019 with New Civil Liberties Alliance, a litigation group that says it protects constitutional freedoms, including Second Amendment rights.
They lost in federal court in Austin, and before a three-judge panel of the 5th Circuit, one of the country’s most conservative courts.
Victory came after another hearing, this time before the full 5th Circuit. —The Dallas Morning News
The DOJ had until Monday to appeal the decision to the Supreme Court but let the deadline pass.
“Bump Stocks are now legal in TEXAS, LOUISIANA & MISSISSIPPI,” Cargill tweeted last week.
Hey @ATFHQ thanks to Michael Cargill v Garland, bump stocks are being sold at https://t.co/CwO5T4XnFV #2a #2AShallNotBeInfringed #Texas #Louisiana #Mississippi https://t.co/SNd5G6iRFo
— Michael Cargill (@michaeldcargill) March 4, 2023
Cargill said his store plans to sell bump stocks soon. He said the retail price would be around $249, about 15% higher than pre-ban prices, primarily due to higher commodity, labor, and transportation costs.
The ATF can still enforce the bump stock ban outside Texas, Louisiana, and Mississippi.
“Essentially, the ATF is prevented from enforcing the rule for the time being in these three states,” South Texas College of Law professor Dru Stevenson said.
As to why the DOJ didn’t ask the Supreme Court to consider the issue… Keeping the case in the Fifth Circuit’s jurisdiction would prevent the Supreme Court from agreeing with Cargill and overturning the ban nationwide.