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.

“This is a great victory for everyone in the country. Whether you're pro-gun, anti-gun is just not about firearms,” Cargill told The Texas Tribune. “This is about an administrative agency deciding that they're going to create a law and administrative agencies do not have the authority to do that. Only Congress can do that.”

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