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
North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

Tuesday, December 2, 2025

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

On November 25th, Howell, in Monmouth County, became the 12th municipality in New Jersey to refund all or substantially all the fees required to obtain a permit to carry. The list now includes towns in ...

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

Tuesday, December 2, 2025

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

The Ninth Circuit Court of Appeals has granted rehearing en banc in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle and Pistol Association.

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

News  

Monday, November 24, 2025

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

Preemption laws offer legal protection for gun owners, but only when they are enforced.

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

Florida: House Judiciary to Hear Pro-Gun Bill Repealing Adult Age Restrictions Tomorrow!

Monday, December 1, 2025

Florida: House Judiciary to Hear Pro-Gun Bill Repealing Adult Age Restrictions Tomorrow!

Tomorrow, December 2nd, at 8:30 AM, the Florida House Judiciary Committee will hear pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. Use the Take Action link below to contact the ...

Florida: Pro-Gun Bill Repealing Adult Age Discrimination Advances to House Vote

Wednesday, December 3, 2025

Florida: Pro-Gun Bill Repealing Adult Age Discrimination Advances to House Vote

Yesterday, the House Judiciary Committee voted 13-7 to favorably report pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. The bill now heads to the full House, where it is ...

President Trump Signs the “One Big Beautiful Bill Act” into Law

News  

Friday, July 4, 2025

President Trump Signs the “One Big Beautiful Bill Act” into Law

Earlier today, on the 4th of July, a day on which our Founding Fathers declared their intent for a free nation, the President of the United State of America, Donald Trump, signed the “One Big ...

Ruger Next Target in Threat-Based Gun Control

News  

Monday, November 17, 2025

Ruger Next Target in Threat-Based Gun Control

The inch was seemingly given, so it is not surprising to see pursuit of the mile.

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.