Summary
A recent ruling by the U.S. District Court for the Western District of Texas has vacated the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) ban on bump stocks, affirming the right of Michael Cargill to possess these devices under federal law. This decision follows a Supreme Court ruling in June 2024, which deemed the ATF’s ban unlawful, paving the way for Cargill’s legal victory after a prolonged 5.5-year battle.
The New Civil Liberties Alliance (NCLA) played a crucial role in this case, arguing that the ATF had overstepped its authority by imposing the bump stock ban without congressional approval. Following the Supreme Court’s ruling, the Fifth Circuit Court instructed the district court to reconsider its previous judgment, which had denied Cargill any relief despite ruling in his favor. Judge David Alan Ezra’s recent decision not only restores Cargill’s rights but also nullifies the ATF’s regulation nationwide, emphasizing that legislative power rests with Congress, not federal agencies. The NCLA has expressed satisfaction with the outcome, highlighting the necessity for agencies to adhere to statutory boundaries and the importance of protecting individual rights against administrative overreach.
After Supreme Court Win, NCLA Convinces District Court to Vacate ATF's Unlawful Bump-Stock Ban
Nov. 4 / Benzinga / Highlights the legal journey of Michael Cargill, detailing the pivotal role of the NCLA and the implications of the ruling, making it a comprehensive overview of the case's significance and context. “ Washington, D.C., Nov. 04, 2024 (GLOBE NEWSWIRE) -- Today, the U.S. District for the Western District of Texas amended its final judgment for New Civil...
Federal Judge Vacates Bump Stock Rule, Recognizes 'Right to Possess'
Nov. 5 / Brietbart / Focuses on the judicial recognition of Cargill's rights, succinctly summarizing the ruling's impact while reinforcing the Second Amendment perspective, though it lacks deeper exploration of broader implications. “ Senior United States District Judge David Alan Ezra vacated the ATF’s bump stock ban rule on Monday and recognized plaintiff Michael Cargill’s “right to...