Garland v. Cargill
Issues
Are semi-automatic rifles equipped with bump stocks considered machineguns under the National Firearms Act of 1934?
This case asks the Supreme Court to determine whether a semi-automatic rifle equipped with a bump stock device is considered a “machinegun” under the National Firearms Act of 1934. A bump stock device is a rifle attachment that increases a semi-automatic rifle’s rate of fire. In 2018, in response to a mass shooting in Las Vegas, the government issued a new regulation interpreting the National Firearms Act, which prohibits machineguns, to also prohibit bump stock devices. Michael Cargill, who was forced to surrender several bump stock devices to the government, argues that a bump stock is not a machinegun, because a bump stock does not allow a semi-automatic rifle to fire more than one shot “by a single function of the trigger” or allow such a weapon to fire “automatically.” The government contends that a bump stock is a machinegun, and that legislative history and congressional intent support its interpretation of the statute. The outcome of this case has important ramifications on the risk of mass shootings and deaths in crowded areas, Second Amendment rights, and the ability of federal agencies to interpret federal statutes.
Questions as Framed for the Court by the Parties
Whether a bump stock device is a “machinegun” as defined in 26 U.S.C. § 5845(b) because it is designed and intended for use in converting a rifle into a machinegun, i.e., into a weapon that fires “automatically more than one shot . . . by a single function of the trigger.”
Since Congress passed the National Firearms Act of 1934, federal law has regulated machine guns. Cargill v. Garland at 2. The Act defines “machinegun” as “any weapon which shoots . . . automatically more than one shot . . .
Additional Resources
- Tess Saperstein, Lenity and Agency Deference in Garland v. Cargill, Yale Journal on Regulation (January 31, 2024).
- Amy Howe, Justices take up bump stock dispute, SCOTUSblog (November 3, 2023).
- Ian Millhiser, The Supreme Court will hear a case that could effectively legalize automatic weapons, Vox (November 3, 2023).