This week’s news from the Supreme Court isn’t as promising as it’s been lately.
From the Associated Press . . .
The Supreme Court is declining to take up a challenge to Maryland’s ban on bump stocks and other devices that make guns fire faster.
The high court on Monday turned away a challenge to the ban, which took effect in October 2018. A lower court had dismissed the challenge at an early stage and that decision had been upheld by an appeals court. As is typical, the court didn’t comment in declining to take the case.
Maryland’s ban preceded a nationwide ban on the sale and possession of bump stocks that was put in place by the Trump administration and took effect in 2019. The Supreme Court previously declined to stop the Trump administration from enforcing that ban. Both Maryland’s ban and the nationwide one followed a 2017 shooting in Las Vegas in which a gunman attached bump stocks to assault-style rifles he used to shoot concertgoers from his hotel room. Fifty-eight people were killed and hundreds were injured.
Does this mean you should give up hope?
Remember that a Sixth Circuit Panel ruled in March that “A bump stock may change how the pull of the trigger is accomplished, but it does not change the fact that the semiautomatic firearm shoots only one shot for each pull of the trigger.”
The court said, “With or without a bump stock, a semiautomatic firearm is capable of firing only a single shot for each pull of the trigger and is unable to fire again until the trigger is released and the hammer of the firearm is reset.”
In other words, the court ruled that a bump stock isn’t a machine gun just because the ATF arbitrarily says it is.
Based on that, the Sixth Circuit panel overruled a lower court’s denial of an injunction preventing the ATF from enforcing a ban on bump stocks.
Stay tuned. The Ohio case still a ways to go.