WASHINGTON, DC – Guns are back at the Supreme Court, as the justices announced on Friday they will decide on free speech rights for the National Rifle Association and whether the federal government can ban bump stocks, which are a firearm accessory, by calling them machineguns.
The justices will decide whether a government leader threatening to use his agency’s power against private businesses if they do business with a speaker against which the government is hostile or because the government thinks there is a “general backlash” against the speaker. On the same day, the court announced that it also taking another gun case, though ironically this is not a Second Amendment case, either.
Federal law defines a machinegun as “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.” ATF’s regulation redefined the word “machinegun” to mean that the gun fires rapidly without the shooter deliberately squeezing the trigger for each shot. The New Civil Liberties Alliance sued under the Administrative Procedure Act , arguing that ATF does not have that authority under the APA to change Congress’s definition.
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