U.S. Supreme Court Invalidates ATF Rule Classifying Bump Stock Rifles as Machineguns
In the Garland v. Cargill case, the U.S. Supreme Court has ruled 6-3 that a semiautomatic rifle equipped with a bump stock is NOT a machinegun, and that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) exceeded its authority by issuing a rule that classified the device as a machinegun. Accordingly the Supreme Court has determined the ATF’s bump stock rule to be void and invalid.
SAF Hails U.S. Supreme Court Ruling on Bump Stocks: “ATF Can’t Rewrite Law”
“This is a significant victory for gun owners because it reminds the ATF it simply cannot rewrite federal law,” said Second Amendment Foundation (SAF) Executive VP Alan M. Gottlieb. “The agency has just been reminded that it can only enforce the law, not usurp the authority of Congress.”
Writing for the majority, Associate Justice Clarence Thomas observed, “We hold that a semiautomatic rifle equipped with a bump stock is not a ‘machinegun’ because it cannot fire more than one shot ‘by a single function of the trigger.’ And, even if it could, it would not do so ‘automatically’ ATF therefore exceeded its statutory authority by issuing a Rule that classifies bump stocks as machineguns.”
For many years, the court ruling notes, ATF “took the position that semiautomatic rifles equipped with bump stocks were not machineguns” under the law. The agency “abruptly reversed course” in response to the mass shooting in Las Vegas in October 2017. The agency subsequently ordered bump stock owners to surrender them or destroy them within 90 days.
“Today’s Supreme Court decision demonstrates that it is impermissible for executive agencies to rewrite the law,” said SAF Executive Director Adam Kraut. “ATF exceeded its statutory authority by issuing a rule that was logically inconsistent with the plain text of the statute and cut into the prerogative of Congress. As the executive branch has continued to use ATF to implement its will and circumvent congressional authority, we are optimistic that today’s decision will send a message that such actions will not be tolerated and that the courts will strike down more regulations inconsistent with the law as Congress wrote.”
About the Second Amendment Foundation
The Second Amendment Foundation (SAF.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, SAF has grown to more than 720,000 members.
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The U.S. Military has a new machine gun and a new rifle in a new caliber. SIG Sauer has confirmed the final delivery of the Next Generation Squad Weapons (NGSW) systems to the U.S. Army, consisting of new 6.8x51mm Hybrid ammunition, the NGSW-AR lightweight belt-fed machine gun, the SIG NGSW-R rifle, and SIG suppressors. Ron Cohen, SIG Sauer President/CEO stated that work with U.S. soldiers has “led to rapid advancements over the current weapons systems and resulted in our delivery of the most innovative Next Generation Squad Weapons system to the U.S. Army.”
The new systems will shoot 6.8×51 Hybrid ammunition — a lightweight cartridge designed to handle higher pressures resulting in increased velocity and terminal performance. In civilian form, SIG Sauer calls this cartridge the 277 SIG FURY. The 277 SIG Fury and the military 6.8x51mm cartridges feature a conventional brass upper case body with a steel alloy bottom, case-head section. The hybrid design allows the ammo to run at significantly higher pressures than conventional ammunition. SIG Sauer states that “despite its revolutionary design, [this] hybrid ammunition can be manufactured on a widespread basis immediately.”
The SIG Sauer 6.8mm hybrid ammunition is designed for increased penetration at greater distances. Cohen continued, “using patent-pending technology the SIG Sauer Ammunition Division has engineered a completely new cartridge resulting in a more compact round, with increased velocity and accuracy, while delivering a substantial reduction in the weight of the ammunition.”
This video shows gun features and includes firing sequences with thermal cameras (1:50 time).
The new 6.8x51mm Hybrid ammo gives the new guns significant advantages: “The SIG Sauer Lightweight Belt-Fed Machine Gun (NGSW-AR) doubles the effective range and is 40% lighter than the current M249 while maintaining the preferred belt-fed operation, with reduced felt recoil to increase accuracy. The SIG SAUER Rifle (NGSW-R) is built on the foundation of the battle tested MCX platform with the added firepower of the 6.8×51 round; both the NGSW-AR and NGSW-R feature familiar AR-style ambidextrous ergonomics designed for a seamless transition from the legacy weapons to the SIG NGSW system.”
SIG SAUER Lightweight Machine Gun (NGSW-AR)
The SIG Sauer NGSW-AR is a light-weight (under 15-lb.), medium-caliber machine gun chambered for 6.8x51mm Hybrid ammunition. SIG Sauer designed the NGSW-AR to be 40% lighter than current systems, and dramatically reduce felt recoil while maintaining traditional belt-fed operation to increase downrange capability. This 6.8mm machine gun features ambidextrous AR-style ergonomics, quick detach magazines, increased M1913 rail space for optics, folding buttstock, and quick-detach suppressor. SIG Sauer claim this NGSW-AR “vastly improves upon the operation and function of the legacy M249.”
SIG SAUER Rifle (NGSW-R):
The NGSW-R lightweight rifle (aka MCX-Spear) is derived from existing SIG military rifles with the added firepower of the 6.8mm round. Features include a fully collapsible and folding stock, rear and side charging handle, free-floating reinforced M-LOK™ handguard, fully ambidextrous controls, and quick-detach suppressor.
277 SIG FURY (6.8x51mm) from SIG Sauer
The 6.8x51mm cartridge will be offered by SIG Sauer in a civilian version called the 277 SIG FURY. This boasts a SAAMI maximum average pressure of 80,000 psi, driving a 135-grain bullet to 3,000+ fps. That 80K PSI pressure is WAY higher than almost all other cartridge types. To achieve these high pressures, the 277 FURY uses a hybrid case with a brass body and harder alloy metal case head. This design allows the cartridge to run very high pressures. Dan Horner of SIG Sauer told us: “When the handloaders get hold of this brass, it will be a game-changer for sure”. We envision this cartridge could be necked down to 6.5 mm and it would dramatically out-perform the 6.5 Creedmoor. And yes the official name of the cartridge is all caps “277 SIG FURY”.
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Twice a year, select-fire fans head to the Knob Creek Gun Range in West Point, Kentucky, for the nation’s largest Machine Gun Shoot. A bi-annual event, the Machine Gun Shoot is typically held on the second weekend of April and October. The next Machine Gun Shoot is coming up in one month. This year, the popular fall Shoot will be held October 14th through 16th. The highlight of every Machine Gun Shoot is the Saturday Night event, where scores of guns send regular and tracer bullets down-range. An estimated 1.25 million rounds will be expended during this year’s October 15th Night Shoot.
Click Triangle to Watch Knob Creek Machine Gun Shoot Video (Warning: Very Loud Audio)
Back in 2013, Top Shot Season 4 Champ Chris Cheng was on hand to record the firepower. Chris wrote: “About an hour before dark, folks are out on the range setting up all sorts of explosives while a crowd builds, anxiously awaiting what we all know is coming. The lights go out, and the next thing you know machine guns are going off for almost 20 straight minutes. This year’s October 2013 edition did not disappoint. Check out the video below — other than the beginning, my favorite part is at the 5:50 mark [when a Mini-Gun opens fire from the right].”
Twice a year, select-fire fans head to the Knob Creek Gun Range in West Point, Kentucky, for the nation’s largest Machine Gun Shoot. A bi-annual event, the Machine Gun Shoot is held in April and October. This year’s fall Machine Gun Shoot will take place October 9-11, 2015. The highlight of every Machine Gun Shoot is the Saturday Night event, where scores of guns send regular and tracer bullets down-range. An estimated 1.25 million rounds are fired each year during the October Night Shoot.
Click Triangle to Watch Knob Creek Machine Gun Shoot Video (Warning: Very Loud Audio)
This video was created by Top Shot Season 4 Champ Chris Cheng.
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Hey it’s the end of the work week, so we thought you guys might enjoy a little display of honest-to-goodness American .50-Cal firepower. Today’s video features the General Dynamics GAU-19/B Gatling, shown in a vehicle mount (Part 1) and helicopter side-mount (Part 2). The HumVee-mounted version of this bad boy delivers 1300 rounds per minute of .50 BMG ammo. The effect is awesome to behold. We wouldn’t want to be on the receiving end of a GAU. The original GAU-19/A had a selectable rate of fire — either 1,000 or 2,000 rounds per minute. The GAU-19/B, introduced in 2012, provides the same firepower in a much lighter platform, weighing 106 pounds (not counting ammo storage systems).
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Twice a year, select-fire fans head to the Knob Creek Gun Range in West Point, Kentucky, for the nation’s largest Machine Gun Shoot. A bi-annual event, tThe Machine Gun Shoot is typically held on the second weekend of April and October. The latest Machine Gun Shoot took place October 11-13, 2013. The highlight of every Machine Gun Shoot is the Saturday Night event, where scores of guns send regular and tracer bullets down-range. This year, an estimated 1.25 million rounds were expended during the October Night Shoot.
This October, Top Shot Season 4 Champ Chris Cheng was on hand to record the firepower. Chris writes: “About an hour before dark, folks are out on the range setting up all sorts of explosives while a crowd builds, anxiously awaiting what we all know is coming. The lights go out, and the next thing you know machine guns are going off for almost 20 straight minutes. This year’s October 2013 edition did not disappoint. Check out the video below — other than the beginning, my favorite part is at the 5:50 mark [when a Mini-Gun opens fire from the right].”
Click Triangle to Watch Knob Creek Machine Gun Shoot Video (Warning: Very Loud Audio)
On August 29, 2013, the Obama administration announced two Executive Orders that will restrict the importation and domestic transfers of certain classes of firearms. These two Executive Orders operate as law by fiat, not subject to Congressional concurrence.
One Executive Order bans the re-importation of surplus U.S.-made rifles, including M1 Garands and M1 Carbines. Such rifles are used in Civilian Marksmanship Program (CMP) competitions. For decades the CMP has sold M1 Garands and M1 Carbines, many re-imported from arsenals overseas, to qualified American shooters. The White House stated: “Today, the Administration is announcing a new policy of denying requests to bring military-grade firearms back into the United States to private entities, with only a few exceptions such as for museums.”
It is unclear how this Executive Order will enhance public safety, since FBI crime statistics show that such vintage arms are virtually never employed in the commission of crimes. Professor John R. Lott Jr., former chief economist at the United States Sentencing Commission, observes: “Despite the scary rhetoric, the White House is leaving out one important point: it isn’t pointing to any cases where imported U.S.-made military weapons have been used in a crime. And the reason is obvious: there probably aren’t any.”
The second Executive Order changes the rules on acquisition and transfers of National Fireams Act (NFA) firearms (such as machine guns) and other NFA items (such as sound moderators) through Corporations and Firearms Trusts. When sold to individuals, such items do require background checks. However, the White House claimed: “At present, when the weapon is registered to a trust or corporation, no background check is run. ATF reports that last year alone, it received more than 39,000 requests for transfers of these restricted firearms to trusts or corporations.” It is the intent of this Executive Order to block a significant number of NFA transfers to Firearms Trusts and Corporations. Again, it is unclear how the new restrictions on NFA transfers will reduce crime. In fact, BearingArms.com asserts that: “Only two [registered] NFA machine guns — neither of which were acquired via gun trusts — have been used in murders in 79 years.”
Professor Lott challenges the need for changes to the NFA Laws as they pertain to corporations: “Again, the Obama administration doesn’t provide examples of people using a corporation to register handguns or semi-automatic rifles as a way to bypass criminal background checks. More importantly, it fails to point to any cases where such guns have been used in crimes. Yes, when registered to a corporation, any officer is allowed to possess the machine gun, but [the transfer] still requires a NICS check for the person actually picking up the gun.” READ Lott Commentary.
Thoughts On Executive Orders — by Tony Chow
It’s important to realize that the anti-gun people aren’t interested in gun control as a practical measure to combat “gun violence” or achieve “gun safety”. They are animated above all by a reflexive dislike of guns, and an abhorrence of the very notion of an armed citizenry. Their motives are ideological, rather than practical. To them, it doesn’t matter whether a type of firearm is used in crimes or not; the only good gun is a banned gun. This explains why the efforts in the 70s and 80s to restrict handguns, which still account for the vast majority of gun crimes, were abandoned in favor of an assault on “assault weapons”, .50-caliber rifles, and now, vintage “military-style” rifles and already heavily-restricted NFA weapons — firearms that, though used infrequently or not at all in crimes, are easy to describe in scary terms to the general public.
Tony Chow is a target shooter who competes in smallbore and 300-meter disciplines.
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A new high-octane, gun-oriented TV show, Rapid Fire, debuts October 3, 2012 on the Outdoor Channel. Rapid Fire focuses on military weapons, in particular, full-auto machine guns and other select-fire hardware. The Rapid Fire preview video confirms the new show features plenty of action, with reactive targets, and lots of lead going downrange. The show is hosted by Top Shot Season 1 Champion Iain Harrison, a talented shooter with military training in all types of small arms. Harrison will be aided by co-host Mike Seeklander, Training Director for the U.S. Shooting Academy. While firing legendary automatic weapons is the centerpiece of the show, Rapid Fire will also provide historical background information on a variety of weapons, explaining their design and their role in history.
Rapid Fire Preview Video (Lots of Action!)
Watch the video above to see Harrison and Seeklander try out everything from a hand-crank Gatling to a modern, motorized mini-gun. Sixteen full-auto weapons are featured, including SAWs, BARs, Thompsons, Vietnam-era M60s, HK PDWs and much more. Rapid Fire airs at 8:30 pm and 11:30 pm ET on the Outdoor Channel.
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Our 2012 SHOT Show Media day adventure kicked off with some serious firepower. After arriving at the Boulder City Rifle range and signing the obligatory legal release forms, Jason Baney and I made a beeline for the Colt shooting bay where an amazing Bulldog 1877 repro Gatling Gun was on display. These fully-functional, authentic replicas are crafted by the Bulldog company for Colt. You can buy one if you have a cool $50,000.00 to spend. You heard it right — fifty thousand dollars.
Jason is friends with Gatling project director John Buhay, who let both of us send some 45-70 rounds downrange. While the Bulldog Gatling can dispense a prodigious amount of lead in a few seconds (rate of fire determined by how fast the operator cranks), this firearm is not considered an NFA machine gun. Because an advancement of the crank is required for each shot to be fired, this Gatling is not subject to the severe restrictions imposed on Class III arms. You can purchase a Bulldog Gatling, so long as you would otherwise qualify to legally own a long gun.
Three things surprised me about this Gatling. First was the stunning appearance of the unit. It is beautifully machined and every polished metal component shown like gold in the morning sun. The stability of the unit was also surprising. Because the Bulldog is so big and heavy, it barely bobbles as it sends round after round through its five barrels. And surprisingly little force is required to work those barrels. The crank spins easily. I could see how a trained team of Gatling operators could, back in the 19th century, burn through thousands of rounds of ammunition in a few minutes.
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