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Supreme Court lifts bump stock ban ahead of DeSantis move

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As a presidential candidate last December, Governor Ron DeSantis criticized bans on gun holsters and bump stocks enacted by his opponents, former President Donald Trump and current President Joe Biden.

“It's just a piece of plastic,” DeSantis told people during an appearance at the Crossroads Shooting Sports range in Johnston, Iowa. “All of a sudden people are becoming felons for having a piece of plastic?” This was a repeat of an earlier call when he called for the repeal of both federal bans.

He got one of them. On Friday, the Supreme Court in Garland v. Cargill struck down the Trump administration's ban on bump stocks on ideological grounds by a 6-3 majority. A ban on pistol holsters by the Biden administration remains in place for now.

Guns with “bump stocks” – controversial devices that allow someone to fire hundreds of bullets per minute from a semi-automatic rifle – were classified as machine guns (and therefore illegal) by the Bureau of Alcohol, Tobacco, Firearms and Explosives in 2018 after a gunman killed nearly 60 people with “bump stocks” at a concert in Las Vegas in October 2017.

But the Supreme Court majority ruled that the reclassification was wrong, not on Second Amendment grounds, but because they believed the ATF had exceeded its authority by changing the technical definition of machine guns.

“A bump stock does not turn a semi-automatic rifle into a machine gun any more than a shooter with a lightning-fast trigger finger can turn it into a machine gun,” Justice Clarence Thomas wrote in his majority opinion.

“The ruling in the Cargill case will not only curb the ATF's unlawful regulation,” the National Rifle Association (NRA) said on Friday, “but will also help prevent future unelected government officials from banning firearms and accessories by administrative order.”

Justice Sonia Sotomayor, who read the dissent, said the majority used an “artificially narrow definition” to reach a conclusion that will have “deadly consequences.”

Bump stocks, however, remain illegal in Florida. They were banned here in 2018 when then-Governor Rock Scott signed the Marjory Stoneman Douglas High School Public Safety Act following the horrific school shooting in Parkland. While bump stocks were not used in that shooting, they were part of several other gun control measures.

What are bump stocks?

Semi-automatic firearms generally fire one bullet each time you pull the trigger. Automatic firearms fire continuously as long as you keep the trigger pulled. In 1934, the United States passed the National Firearms Act, which, among other restrictions and regulations, banned “machine guns” (fully automatic weapons) in most cases. This definition was expanded in 1968.

Fully automatic weapons are subject to strict regulations in the United States and are generally prohibited for civilian use. Devices that convert a semi-automatic weapon into a fully automatic weapon are also prohibited.

A “bump stock”, also called a “bump fire stock” or “slide fire” after the company that invented it, is a device that allows a semi-automatic weapon to fire much faster, closer to the speed of a fully automatic weapon. It replaces the standard stock (the part that rests against the shooter's shoulder) on a semi-automatic rifle and uses the weapon's recoil to “bump” the trigger into the shooter's finger much faster than the shooter could probably fire without it.

A New York Times analysis of the Las Vegas shooting found that the gunman, using a long-barreled rifle, fired about 90 shots into the crowd below in just 10 seconds.

Justice Samuel Alito agreed, saying there was little doubt that when Congress banned machine guns, it saw no real difference between a machine gun and a semi-automatic rifle with a bump stock. But that was not how the law was written, he said.

Has the US ever banned bump stocks?

The ATF has evaluated different models of bump stocks, declaring some illegal and others, depending on their function, classifying them as firearm parts.

According to FactCheck.org, the ATF sent 10 private letters between 2008 and 2017 classifying bump stock devices as unregulated parts or accessories. However, letters from 2006 and 2013 found that certain models of bump stocks were in violation of regulations.

After Stephen Paddock fired more than 1,100 rounds of ammunition at a crowd from the 32nd floor of a Las Vegas hotel within ten minutes, leaving 58 dead and over 800 injured, the outrage led to the ban.

“As I promised, the Department of Justice will issue an order today banning BUMP STOCKS with a mandatory comment period,” Trump tweeted in March 2018. “We will BAN any devices that turn legal weapons into illegal machine guns.”

Are bump stocks legal in Florida?

Not currently, although the nationwide ban has been lifted.

Under Florida State Statute 790.222, the possession, importation and sale of bump-fire stock firearms – defined as “a conversion kit, tool, accessory, or device designed to alter the rate of fire of a firearm so as to imitate the fire of an automatic weapon or designed to increase the rate of fire beyond what would be possible for a person to fire such semi-automatic firearm without the aid of a kit, tool, accessory, or device” – remains a third-degree felony.

Contributors: Maureen Groppe, USA TODAY; Marley Malenfant, Austin American-Statesman

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