The flaw in Joe Biden’s plan to shred the Constitution was the judiciary.
Judges constantly struck down Biden’s lawless power-grabs.
And now Brett Kavanaugh made the one decision that will have Joe Biden shaking like a leaf.
Second Amendment activists scored a major win when the Supreme Court agreed to take up a constitutional challenge to the bump stock ban.
Then-Attorney General Jeff Sessions put the bump stock ban in place in response to the 2017 shooting at a Las Vegas music festival where a madman killed 58 and wounded 500 more.
The gunman used a bump stock – a firearm accessory previously unknown except to firearms enthusiasts – which helps to eliminate the recoil when pulling the trigger on a rifle.
Gun-grabbers falsely claimed the bump stock turned an ordinary semi-automatic rifle – where one pull of the trigger fires one bullet – into a machine gun.
The challenge to the bump stock ban rested on this very question as the administration used the Gun Control Act and National Firearms Act to claim a bump stock turned a rifle into an automatic weapon and thus it was banned by statute.
Justices on the Fifth Circuit Court of Appeals disagreed citing the plain language of the Gun Control Act and National Firearms Act which defines a machine gun by the mechanism of the gun’s trigger allowing the gun to fire more than one bullet at a time.
“In defining the term machinegun, Congress referred to the mechanism by which the gun’s trigger causes bullets to be fired,” the majority wrote. “Policy judgments aside, we are bound to apply that mechanical definition. And applying that definition to a semi-automatic rifle equipped with a non-mechanical bump stock, we conclude that such a weapon is not a machinegun for purposes of the Gun Control Act and National Firearms Act.”
New Civil Liberties Alliance Senior Litigation Counsel Richard Samp and President and General Counsel Mark Chenoweth celebrated the decision as a win for rule of law and constitutional liberties.
“It is a case about administrative power,” Chenoweth told the Daily Caller. “Congress never gave ATF the power to rewrite federal criminal statutes pertaining to machine guns—nor could it. Writing federal criminal laws is the sole preserve of Congress, and the Trump and Biden Administrations committed grievous constitutional error by trying to ban bump stocks without involving Congress.”
The Biden administration will surely try and defend this infringement on Second Amendment rights.
But the fact that at least four justices agreed to hear a challenge to the bump stock ban suggests conservatives have the votes to end this gun grab.