Show Notes - Garland v Cargill Oral Arguments Update

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Description

Episode # 75

Today on legalese, we will be discussing the recent round of oral arguments that were brought before the Supreme Court last Wednesday in Garland v Cargill. This is the Bump Stock case that will decide whether or not a bump stock is a machine gun under 26 U.S.C. § 5845(b).

The term “machinegun” means 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. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.

~26 U.S.C. § 5845(b) Machinegun.

We will break down the arguments being made by gun store owner Michael Cargill (Represented by Johnathon Mitchell) and that of Attorney General Merrick Garland (Represented by Brian Fletcher)— We also examine the key points and most important questions & statements from the Justices during the seriatim portion of this hearing.

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Links

Garland v Cargill (Supreme Court Case)

• Supreme Court Docket Page

• Question Presented

• Petition For Cert

• Brief Of Respondent Michael Cargill

• Amicus Brief - Pacific Legal Fund

• Amicus Brief - Firearms Policy Coalition

• Amicus Brief - Gun Owners Of America

United States Court of Appeals (5th Cir.)

• Cargill v. Garland, No. 20-51016 (Jan. 6, 2023)

United States District Court (W.D. Tex.)

• Cargill v. Barr, No. 19-cv-349 (Nov. 23, 2020)

United States v Camp (5th Cir. 2003)

• U.S. v. Camp, 343 F.3d 743 (5th Cir. 2003)

Staples v United States (2004)

• Staples v. United States, 511 U.S. 600 (1994)

Rule Of Lenity

• Rule Of Lenity at Cornell Law

• The Rule of Lenity: A five-minute guide to navigating the intersection of administrative and criminal law

• United States v. Thompson/Center Arms Co., 504 U.S. 505 (1992)

• Thompson/Center Arms Co., 504 U.S. 505, 519-20 (1992) (Scalia, A., Concurring)

Statutes

• 26 U.S. Code § 5845 - Definitions

Guides To The Difference Between Bump Stocks & Machine Guns

• Watch how a machine gun fires

• Watch a gun fire with a bump stock

• Watch retired ATF agent explain why the bump stock is not a machine gun

• Interview with Stephen Halbrook

  • Breaking down and analyzing how oral arguments went before the Court. Stephen does an amazing job of explaining the esoteric & highly technical distinctions between a bump stock and a machine gun for purposes of this case specifically.

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  Past Episodes

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