What does Supreme Court ruling on 'bump stocks' mean for federal machine gun cases in Southeast Missouri?

Friday’s United States Supreme Court decision to reverse a ban on bump stocks will not affect the recent federal convictions in Southeast Missouri regarding illegal possession of machine guns.

The U.S. Supreme Court struck down a ban on the devices that turn semiautomatic rifles into rapid-fire weapons, similar to machine guns.

The bump stocks were banned via an ATF regulation by the Trump administration after a gunman in Las Vegas fired more than 1,000 rounds into a concert crowd in 11 minutes, killing 60 and wounding hundreds. The rule amended the regulatory definition of "machine gun" in the federal code to include bump-stock devices.

Justice Samuel Alito indicated the ban could be reimposed with a law passed by Congress, according to reporting by the Associated Press, but could not be imposed through executive branch regulation. The court’s decision was based on the specific functionality of the bump stock. The Court found the justice department was wrong making the rule to ban the bump stocks because the devices did not meet the original law's definition of machine gun. With bump stocks, each trigger depression in rapid succession still only releases one shot. The device “bumps” the trigger against the shooter’s finger, causing the rifle to fire again without added effort.

This is different from how other banned devices work, such as the “illegal trigger switch” noted by the Cape Girardeau Police Department in a news release issued regarding a weekend shooting. That and other machine gun cases in Southeast Missouri involved other types of devices that allow the rapid firing of a weapon with one squeeze of the trigger, according to a public information officer in the ATF Kansas City Field Division. The spokeswoman, Lisa Storey, said she was unaware of any Missouri machine gun busts that included the prosecution of possessing bump stocks.

The switches, sears and lightning links can turn firearms — rifles or handguns, depending on the parts — into fully automatic weapons and remain illegal.

“The Supreme Court has properly restrained executive branch agencies to their role of enforcing, and not making, the law,” said NRA-Institute for Legislative Action executive director Randy Kozuch in a statement on the NRA's website. “This decision will be pivotal to NRA’s future challenges of ATF regulations.”

Multiple national news outlets reported Tuesday that Senate Majority Leader Chuck Schumer, D-N.Y., is expected to introduce legislation to ban bump stocks through the "unanimous consent" process. NBC reported that Sen. Lindsey Graham said he will "oppose any legislative fix".

The ATF estimated at the time the ban went into effect that there were 520,000 bump stocks in circulation. Those who owned the bump stocks were required to destroy the devices or turn them into the ATF.

In the past couple of years, the ATF has cracked down on the devices that turn weapons into machine guns, and that priority has included enforcement in Southeast Missouri.

In February, federal prosecutors sealed a conviction against Averyoun Quentez Lane, of Sikeston, who sold two Glock pistols with an aftermarket switch to an undercover ATF agent.

In May 2023, a federal judge sentenced Lamad Cross of Kennett to more than five years in prison for selling seven devices. That investigation was initiated in Cape Girardeau.

In February 2023, Sidney Brianne Scowden of Stoddard County was charged with four counts of conspiracy to transfer a machine gun.

Also in February 2023, Kaydence K. Robertson of Cape Girardeau pleaded guilty to one count of possession of a machine gun.

Congress passed the Firearms Owners' Protection Act in 1986 to prohibit the possession of machine guns.