Supreme Court overturns federal bump stock ban, siding with Austin gun dealer

An Austin gun shop owner succeeded Friday on a years-long quest to overturn a federal ban on bump stocks, winning a 6-3 victory from the U.S. Supreme Court.

Bump stocks are devices that allow semi-automatic rifles to fire hundreds of rounds in a minute. The court ruled the federal Bureau of Alcohol, Tobacco, Firearms and Explosives can not include bump stocks under legislation banning machine guns. The overturned ATF rule required owners of bump stocks to either destroy them or surrender them to the ATF to avoid criminal prosecution.

The case was filed by Michael Cargill, the owner of Central Texas Gun Works and an outspoken proponent of gun rights in Texas, after he surrendered two bump stocks to the ATF. He argued that ATF incorrectly identified bump stocks as machine guns, and overstepped its power in banning them. He brought the case with the support of the advocacy group the New Civil Liberties Alliance.

The almost 100-year-old law banning machine guns defines the weapon 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.” The ATF began including bump stocks under the definition of “machinegun” during the Trump administration in response to the deadly mass shooting on the Las Vegas Strip in 2017.