Explore The NRA Universe Of Websites

APPEARS IN News

No, SCOTUS didn’t just rule against gun rights

Monday, October 10, 2022

No, SCOTUS didn’t just rule against gun rights

Today it’s often difficult to determine when the mainstream media is being deliberately deceptive or is just incompetent. Whatever the case may be, they are routinely wrong.

Take for instance a recent ABC News headline reporting that the U.S. Supreme Court upheld the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) bump-stock ban:

Supreme Court upholds bump stock ban in big win for gun safety advocates

The Supreme Court did no such thing.

In December 2018, the ATF published a final rule amending the code of federal regulations to declare that items colloquially known as bump-stocks fall under the definition of “machineguns” as defined in the National Firearm Act. As these items were not registered prior to when the federal government froze the sale of new machineguns in 1986, the rule made bump-stocks contraband.

Gun rights proponents across the country took exception to what many perceived as impermissible executive branch law-making. As a result, several cases challenging the new rule were filed in federal court. Rather than concerning the Second Amendment, at issue in these cases is the permissible scope of administrative rule-making and the extent to which administrative agencies should or should not be given deference in interpreting criminal statutes.

In the case Aposhian v. Garland, the U.S. Court of Appeals for the Tenth Circuit upheld the ATF rule, at which point the plaintiffs petitioned the U.S. Supreme Court to take the case in August 2021. Similarly, in Gun Owners of America, Inc. v. Garland, the U.S. Court of Appeals for the Sixth Circuit upheld the ATF rule, prompting the plaintiffs to petition the Supreme Court in March 2022. On October 3, the Supreme Court declined to hear either case.

First, denying cert in a case is not a ruling on the merits of that case. The decision not to take a case is not an explicit endorsement of a lower court’s ruling. In his dissent in Darr v. Burford (1950) Justice Felix Frankfurter explained,

The significance of a denial of a petition for certiorari ought no longer to require discussion. This Court has said again and again and again that such a denial has no legal significance whatever bearing on the merits of the claim. The denial means that this Court has refused to take the case. It means nothing else.

Second, there is good reason in this instance why the Supreme Court may want to take a wait and see approach to how the law in this area develops in the lower federal courts.

At present, another bump-stock case, Cargill v. Garland, is making its way through the U.S. Court of Appeals for the Fifth Circuit. In December 2021 the Fifth Circuit upheld the ATF rule in this case. However, following a petition by the plaintiff, in June the Fifth Circuit agreed to hear the case en banc (in front of the full court, rather than just a panel of circuit court judges).

Could the Supreme Court be waiting on the Fifth Circuit to rule en banc before entertaining a bump-stock case? That is a distinct possibility. What isn’t is that the Supreme Court has made a ruling on the merits of these important cases. Reporters should know better.

IN THIS ARTICLE
Bump Stock U.S. Supreme Court
TRENDING NOW
Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

News  

Monday, October 12, 2026

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

As we announced separately this week, ATF has determined that it will use its executive discretion to uniformly suspend enforcement of large portions of the National Firearms Act (NFA).

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

Guardsmen’s Arrest Shows D.C. Still Lacks Common Sense, Proportionality on Guns

News  

Monday, October 12, 2026

Guardsmen’s Arrest Shows D.C. Still Lacks Common Sense, Proportionality on Guns

A lot of has changed for the better in the Nation’s Capital since Donald Trump returned to the White House. But the recent arrest of a young National Guardsman for an apparently harmless breach of ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

Officials Admit It: There’s No Actual Substance Behind Canadian Gun Grab

News  

Monday, October 12, 2026

Officials Admit It: There’s No Actual Substance Behind Canadian Gun Grab

A year ago, Canada’s Public Safety Minister Gary Anandasangaree admitted, in a bombshell recording with a gun owner, that the Liberal government’s “assault-style firearm” ban and confiscation program isn’t driven by public safety or gun ...

Trump Administration Issues Report Detailing Firearms Industry Debanking

News  

Wednesday, October 14, 2026

Trump Administration Issues Report Detailing Firearms Industry Debanking

Since taking office for the second time, President Donald Trump and his administration have worked to end political debanking and guarantee that all law-abiding Americans and businesses have access to financial services.

Not Your Father’s ATF: Agency Pledges Reform, Distances Itself from Biden-Harris Era

News  

Tuesday, May 27, 2025

Not Your Father’s ATF: Agency Pledges Reform, Distances Itself from Biden-Harris Era

A headline on the website of the Bureau of Alcohol, Tobacco, Firearms and Explosives appeared late in the day on May 21: “ATF Launches New Era of Reform.” According to the accompanying announcement:

Mississippi: Attorney General Issues Statement on Suppressors Following ATF Decision

Wednesday, October 14, 2026

Mississippi: Attorney General Issues Statement on Suppressors Following ATF Decision

Following the ATF's recent decision regarding the enforcement of NFA transfer guidelines, Attorney General Lynn Fitch has issued a statement that filing an ATF Form 4 for suppressor transfers is no longer mandatory in Mississippi.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.