New Gun Law Decisions From the U.S. Supreme Court: ATF Bump Stock Ban Invalidated / Domestic Violence Gun Possession Ban Upheld
The United States Supreme Court recently issued two significant decisions relating to federal gun laws. On June 14, 2024, the Court invalidated a 2018 ATF regulation banning bump stocks for firearms. A week later, on June 21, 2024, the Court upheld a federal statute that bars domestic abusers from carrying guns. Both rulings from the nation’s highest court significantly affect gun laws and gun rights across the country.
ATF Bump Stock Regulation
The Supreme Court case of Garland v. Cargill struck down a 2018 ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives in the Department of Homeland Security) regulation banning bump stocks on firearms, which went into effect in 2019. The rule was adopted in the wake of the horrific October 1, 2017 nightmare at the Las Vegas Mandalay Bay Resort, which was the deadliest mass shooting in U.S. history. The use of bump stocks, which enable semiautomatic firearms to discharge ammunition almost as rapidly as a machine gun, was a primary reason for the extraordinary numbers of fatalities and injuries in that tragedy.
The Supreme Court, which divided along ideological lines in the bump stock decision, found that the ATF overstepped its statutory authority in adopting the regulation. Invalidation of the regulation was not based on a Second Amendment issue, but on whether a firearm with a bump stock qualifies under the definition of “machine gun” in the National Firearms Act of 1934, as expanded in the Gun Control Act of 1968.
The majority of the Court determined that bump stocks do not qualify under the definition, which meant that ATF lacked the authority to enact the regulation. This result invalidates the regulation and means that Congressional action would be necessary to implement a nationwide ban. Efforts in Congress have not previously been fruitful.
When the ATF regulation was adopted, we posted a blog article addressing the significance of the federal ban in Nevada, which at that time did not have a state law making bump stocks illegal. However, following the Las Vegas massacre, many states — including Nevada — adopted state laws banning bump stocks. The Nevada statutory ban, which became effective on January 1, 2020, is not affected or invalidated by the Supreme Court decision. Bump stocks are still illegal in the State of Nevada.
Federal Gun Possession Prohibition for Domestic Violence
On June 21st, the Supreme Court issued the decision in United States v. Rahami, a case that challenged a 1994 federal law prohibiting gun possession by persons subject to domestic violence-related restraining orders. The federal law in question is explained in our previous blog post, Understanding the Federal Domestic Violence Offender Gun Ban.
The Rahami decision is a significant Supreme Court ruling involving the Second Amendment. Gun rights groups challenged the statute on the basis that the prohibition violates the Second Amendment right to keep and bear arms. In an 8 to 1 decision (with only Justice Clarence Thomas dissenting), the Supreme Court held that the domestic violence statute does not violate the Second Amendment.
The case is viewed by some commentators as a modification and narrowing of a significant 2022 Supreme Court decision on Second Amendment rights, New York State Rifle and Pistol Association v. Bruen. As such, the Rahami decision could more broadly impact other pending and future Second Amendment cases, particularly those relating to regulation of firearms. Cases that involve Second Amendment rights draw sharp political and legal discussion, because honoring and protecting the Constitutional gun rights of individuals while acknowledging a government interest regulating misconduct frequently creates legal conflicts that spill over into the political arena.
Additional information about domestic violence and gun rights is provided in our article concerning how Domestic Violence Arrests Can Affect Your Firearm Rights in Nevada.
Other Recent Supreme Court Action on Gun Cases
Not long after issuing the decisions in the two cases discussed above, the Supreme Court declined to hear a challenge to an assault weapons ban in Illinois and sent other gun cases back to lower courts, including a New York case relating to a law adopted after the Supreme Court struck down the state’s strict concealed carry law. While the Supreme Court thus sidestepped several cases raising gun law issues, there is no doubt that more cases will raise Second Amendment and other gun law issues in the future.
Talk With a Nevada Gun Law Attorney — Free Consultation
If you face federal or state gun charges in Nevada or have questions about your gun rights, Las Vegas criminal defense attorney Joseph Gersten is here to help. He represents clients on firearm and weapons charges and is uniquely qualified to assist with gun law issues. As an approved Concealed Firearm Instructor for Nevada and Utah who has certification from the National Rifle Association (NRA) in more than nine (9) disciplines, he knows and understands firearms and all related federal and state gun charges. Contact The Gersten Law Firm to schedule a free consultation.