SCOTUS refuses to block bump stock ban

by Samuel Abasi Posted on March 31st, 2019

Washington: The US Supreme Court on Thursday  denied an application for stay of the order from a Michigan District Court refusing to block a ban on bump stocks.

Bump stocks are used to turn semi-automatic weapons into machine guns by using the “gun’s recoil to bump its trigger.”

The suit was brought by Gun Owners of America (GOA). They allege that the new ban is illegal and are encouraging their members not to turn in their bump stocks.

This comes after a Michigan District Court refused to grant a preliminary injunction of the ban. GOA argued that household items such as shoelaces and rubber bands can also be used to convert semi-automatic weapons into machine guns.

President Donald Trump promised to enact the ban following the shooting at a Las Vegas country music concert in 2017. Thursday’s news comes following another denial of stay for the bump stock ban earlier this week.

GOA Response to SCOTUS’ Denial of Stay on Enforcement of Bump Stock Ban

Gun Owners of America (GOA) legislative counsel, Michael Hammond, responded to the Supreme Court’s denial of a stay on the enforcement of the bump stock ban:

“Gun Owners of America is disappointed that the Supreme Court has refused to issue a stay while our challenge to the administration’s illegal bump stock ban is being considered by the courts.

“While GOA cannot advocate that its members violate the law, we predict, given our experience with nine states with similar bans, that a large majority of the 500,000 bump stock owners will refuse to turn in their property in what they view as an illegal, unconstitutional gun grab.

“GOA will continue to fight the issue in the court system, as the case now returns to the lower courts. We remain convinced that the courts will consign this unlawful, unconstitutional ban to the trash bin of history, where it belongs.”

EARLIER: Bump stocks ban goes into effect amid SCOTUS appeal

A nationwide ban on bump stocks goes into effect Tuesday — nearly 18 months after the shooting attack in Las Vegas that spawned it — meaning gun owners must destroy the devices or turn them in to authorities.

Bump stocks increase a gun’s rate of fire by using the recoil to have the gun fire continuously, nearly converting a semi-automatic weapon into a fully automatic machine gun. With a bump stock, some guns can fire between 400 and 500 rounds per minute. The devices have been opposed by lawmakers and President Donald Trump since the October 2017 Las Vegas shooting during which gunman Stephen Paddock used one to fire more than 1,000 rounds at concertgoers and kill 58 people.

Beginning Tuesday, it’s illegal to own, buy or sell a bump stock. There is no grandfather clause, either, meaning enthusiasts who own them must turn them in to the bureau of Alcohol Tobacco, Firearms and Explosives without compensation. Possession could result in a $250,000 fine or a year in prison.

“We are faithfully following President Trump’s leadership by making clear that bump stocks, which turn semiautomatics into machine guns, are illegal, and we will continue to take illegal guns off our streets,” then-acting Attorney General Matt Whitaker said in December.

The ban comes as a gun rights group is appealing a related case to the U.S. Supreme Court, hoping the high court will overturn the ban.

“We still feel that the regulation is a factual misreading of the statute, and that ultimately we will be vindicated on it,” said Michael Hammond, legislative counsel for Gun Owners of America.

Gun Owners of America has led the charge against bump stock ban with lawsuits in Washington state, Ohio, Utah and Michigan. They estimate more than 500,000 Americans have bump stocks. A federal court in Cincinnati has denied the group’s request for a preliminary injunction.

Gun control advocates like the Brady Group say the ban is a much needed safety measure.

“The strongest and best solution is for our congressional leaders to classify bump stocks as illegal machine guns once and for all so that our communities are no longer at risk from these destructive devices,” said Brady Group spokesman Max Samis.

Survivors of the Las Vegas attack sued Slide Fire Solutions, the company that manufactured the bump stock used by Paddock. The suit accused the company of negligence and said the devices are a deliberate attempt to bypass regulations that outlaw automatic weapons. The case was dismissed in September, after the Justice Department had already taken steps to ban bump stocks.

Image: A billboard advertises a gun show near the Mandalay Bay Resort and Casino, where Stephen Paddock shot dozens of concertgoers during an attack, on October 4, 2017.

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