Amicus Curiae Brief — Merrick B. Garland, Attorney General, et al., Petitioners v. Michael Cargill

Supreme Court briefJan 29, 2024

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No. 22-976

In the

Supreme Court of the United States

__________________________________________

MERRICK B. GARLAND, ATTORNEY GENERAL, ET AL.,

Petitioners,

v.

MICHAEL CARGILL,

Respondent.

__________________________________________

On Writ of Certiorari to the

United States Court of Appeals

for the Fifth Circuit

__________________________________________

BRIEF OF AMICUS CURIAE

FIREARMS POLICY COALITION, INC.

IN SUPPORT OF RESPONDENT

__________________________________________

DAVID H. THOMPSON

Counsel of Record

PETER A. PATTERSON

JOHN D. OHLENDORF

COOPER & KIRK, PLLC

1523 New Hampshire

Avenue, N.W.

Washington, D.C. 20036

(202) 220-9600

dthompson@cooperkirk.com

Counsel for Amicus Curiae

January 29, 2024

i

TABLE OF CONTENTS

Page

TABLE OF AUTHORITIES ...................................... iii

INTEREST OF AMICUS CURIAE............................. 1

INTRODUCTION AND SUMMARY OF THE

ARGUMENT ............................................................... 1

ARGUMENT ............................................................... 4

I.

II.

Semiautomatic Firearms Equipped with Bump

Stocks Fire a Single Round Each Time the

Trigger Functions. ............................................... 4

A.

Semiautomatic Firearms Are Only Capable

of Firing One Shot Each Time the Trigger

Functions. .................................................... 5

B.

Bump Stocks Increase the Speed of a Semiautomatic Firearm’s Operation, But They

Do Not Enable It To Fire More Than

One Round Each Time the Trigger

Functions. .................................................. 11

Bump Stocks Do Not Enable Semiautomatic

Firearms To Shoot Automatically More

Than One Shot by a Single Function of the

Trigger. .............................................................. 14

A.

Firearms Equipped with Bump Stocks Do

Not Shoot More than One Shot By a Single

Function of the Trigger. ............................ 14

B.

Firearms Equipped with Non-Mechanical

Bump Stocks Do Not Function Automatically............................................................ 24

ii

C.

Reading the Statutory Language As a

Whole Confirms Beyond Any Doubt that

Non-Mechanical Bump Stocks Are Not “Machineguns.” ................................................ 26

CONCLUSION .......................................................... 32

iii

TABLE OF AUTHORITIES

CASES

Page

Aposhian v. Barr,

958 F.3d 969 (10th Cir. 2020) ........................ 18, 21

Aposhian v. Wilkinson,

989 F.3d 890 (10th Cir. 2021) ........................ 15, 20

Azar v. Allina Health Servs.,

587 U.S. ---, 139 S. Ct. 1804 (2019) ............... 18, 19

Barnhart v. Sigmon Coal Co.,

534 U.S. 438 (2002) ............................................ 2, 4

Biden v. Nebraska,

600 U.S. ---, 143 S. Ct. 2355 (2023) ..................... 22

Guedes v. BATFE,

66 F.4th 1018 (D.C. Cir. 2023) .......... 15, 18, 24, 25

Guedes v. BATFE,

920 F.3d 1 (D.C. Cir. 2019) ................ 24, 25, 29, 30

Gun Owners of America v. Garland,

19 F.4th 890 (6th Cir. 2021) ................................ 15

Henson v. Santander Consumer USA Inc.,

582 U.S. 79 (2017) ................................................ 22

Hernandez v. Mesa,

589 U.S. ---, 140 S. Ct. 735 (2020) ....................... 22

National Ass’n of Mfrs. v. Department of Def.,

583 U.S. 109 (2018) .............................................. 16

Southwest Airlines Co. v. Saxon,

596 U.S. 450 (2022) ................................................ 2

Staples v. United States,

511 U.S. 600 (1994) .............................................. 18

iv

United States v. Alkazahg,

2021 WL 4058360 (N-M. Ct. Crim. App. Sept. 7,

2021) ..................................................................... 16

United States v. Rare Breed Triggers, LLC,

2023 WL 5689770 (E.D.N.Y. Sept. 5, 2023) ........ 31

Utility Air Regul. Grp. v. EPA,

573 U.S. 302 (2014) ................................................ 1

STATUTORY AND REGULATORY PROVISIONS

26 U.S.C.

§ 5845(b) ............................................. 2, 3, 4, 14, 17

22, 23, 24, 26, 27, 28, 29, 30, 31

27 C.F.R.

§ 478.11........................................................... 17, 21

OTHER AUTHORITIES

ANTONIN SCALIA & BRIAN GARNER, READING LAW

(2012) .................................................................... 27

AR-15 ANIMATION (2006), https://bit.ly/496BvYQ .... 10

BUMP FIRE ANIMATION, https://bit.ly/42btgsn (last

visited Jan. 23, 2024) ........................................... 14

Bump-Stock-Type Devices, 83 Fed. Reg. 66,514,

66,535 (Dec. 26, 2018) ........................ 21, 22, 26, 28

HUNTER- ED, Video: How a Cartridge is Fired,

https://bit.ly/498JNj7

(last visited Jan. 23, 2024) ..................................... 5

HUNTER-ED, How a Cartridge is Fired, https://bit.ly/

4b9CB8g (last visited Jan. 23, 2024) ..................... 6

v

NATIONAL RIFLE ASSOCIATION, 3 Firearm Modes of

Operation (& How They're Powered) (Oct. 4,

2023), https://bit.ly/3UacJTo ................................. 7

NATIONAL RIFLE ASSOCIATION, How Do Guns Work?

Bolt-Actions (Apr. 25, 2023),

https://bit.ly/3UfsCbh............................................. 8

NATIONAL RIFLE ASSOCIATION, How Do Guns Work?

Lever-Actions (May 25, 2023),

https://bit.ly/47NOkGC .......................................... 8

NATIONAL RIFLE ASSOCIATION, How Do Guns Work?

Semi-Automatic (Self-Loading) Mechanisms (Dec.

30, 2022), https://bit.ly/492f5be ............................. 8

NATIONAL RIFLE ASSOCIATION, How Do Guns Work?

Single-Shot Mechanisms (July 14, 2023),

https://bit.ly/3HPcTIN ........................................... 7

NATIONAL RIFLE ASSOCIATION, How Do Guns Work?

Slide/Pump-Actions (May 25, 2023),

https://bit.ly/3SrvhgP ............................................. 8

John W. Treakle, Rifleman Q&A: Stiker-Fired Actions Explained (Feb. 8, 2022),

https://bit.ly/4b8WKLn .......................................... 5

YOUTUBE (Aug. 7, 2021), https://bit.ly/496O5ax ...... 25

1

INTEREST OF AMICUS CURIAE1

Firearms Policy Coalition, Inc. (FPC) is a nonprofit membership organization that works to create

a world of maximal human liberty and freedom. It

seeks to protect, defend, and advance the People’s

rights, especially but not limited to the inalienable,

fundamental, and individual right to keep and bear

arms. FPC accomplishes its mission through legislative and grassroots advocacy, legal and historical research, litigation, education, and outreach programs.

FPC’s legislative and grassroots advocacy programs

promote constitutionally based public policy. Since its

founding in 2014, FPC has emerged as a leading advocate for individual liberty in state and federal

courts, regularly participating as a party or amicus

curiae.

INTRODUCTION AND

SUMMARY OF THE ARGUMENT

“Under our system of government, Congress

makes laws and the President, acting at times

through agencies like [the Bureau of Alcohol, Tobacco,

Firearms and Explosives], ‘faithfully execute[s]’

them”—an authority that assuredly “does not include

a power to revise clear statutory terms.” Utility Air

Regul. Grp. v. EPA, 573 U.S. 302, 327 (2014) (emphasis added) (quoting U.S. CONST. art. II, § 3). The authority of the executive branch—and the judiciary

too—is a designedly humble one: “to interpret the

1 Pursuant to SUP. CT. R. 37.6, amicus certifies that no coun-

sel for any party authored this brief in whole or in part, no party

or party’s counsel made a monetary contribution to fund its preparation or submission, and no person other than amici or their

counsel made such a monetary contribution.

2

language of the statute enacted by Congress.” Barnhart v. Sigmon Coal Co., 534 U.S. 438, 461 (2002). Yet

Petitioners—by promulgating the rule at issue and

asking this Court to sustain it—have refused to take

Congress at its word. Instead of faithfully executing

the plain language of Congress’s definition of “machinegun,” Petitioners seek to rewrite it, so as to jibe

more closely with what they perceive to be “the statute’s purpose.” Pet.Br.35. Because neither a court nor

an agency has any “warrant to elevate vague invocations of statutory purpose over the words Congress

chose,” Southwest Airlines Co. v. Saxon, 596 U.S. 450,

463 (2022), the court below was right to invalidate Petitioners’ rule.

For nearly a hundred years, Congress has tightly

regulated “machineguns”—a term it has carefully defined as any weapon that can “shoot, automatically

more than one shot, without manual reloading, by a

single function of the trigger,” as well as “any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun.” 26 U.S.C.

§ 5845(b). That definition notably does not refer to the

speed with which a firearm can shoot multiple rounds

or the ease of doing so. Instead, it distinguishes lawful

from unlawful arms by reference to the mechanical architecture of the firearm itself: firearms that continue

to fire multiple rounds as long as the trigger is depressed without any other manual activity for reloading (commonly known as “fully automatic” firearms)

are in the category of “machineguns,” and firearms

that require a new movement of the trigger for each

single shot (“semiautomatic” and manual-action firearms) are not.

3

The bump-stock devices at issue in this case also

fall outside the term “machinegun” as Congress has

defined it. A bump stock may increase the firearm’s

rate of fire, but it does not change the mechanics of

how a semiautomatic firearm shoots. And it is in the

inherent nature of those mechanics that such a

weapon can shoot only one round for each full backward-forward cycle of the trigger. That basic fact remains true when the arm is equipped with a bump

stock. The bump stocks at issue here do not enable a

semiautomatic firearm to fire more than one shot “by

a single function of the trigger,” id. they just enable

the user to make the trigger function more quickly.

Nor do they enable an equipped semiautomatic firearm to fire multiple shots “automatically,” id.—for the

firing sequence of a bump-stock equipped firearm does

not continue without any further user input, but rather requires the user to undertake the independent

physical action of continuously pushing the firearm

forward with his other hand. In other words, a semiautomatic firearm equipped with one of the bump

stocks at issue will fire only a single bullet when the

trigger is depressed absent additional action by the

user.

When ATF first considered the legality of bump

stocks over twenty years ago, it correctly concluded

that they do not qualify as “machineguns.” Yet in

2018, in the face of acute political pressure, the agency

reversed course and adopted a new definition of the

term that encompasses the bump stocks at issue. Petitioners’ defense of that newfound interpretation either ignores the statute Congress enacted or seeks to

rewrite it. In place of the statutory language “single

function of the trigger,” id., Petitioners would write

4

“single pull of the trigger”—a feat of linguistic gymnastics that still fails to encompass bump stocks. And

instead of Congress’s clear rule that a machinegun

must fire multiple shots “automatically . . . by a single

function of the trigger,” id. (emphasis added), the Government would substitute a vague and manipulable

inquiry into the “degree of human input” required to

fire more than one shot. Pet.Br.35. All of these maneuvers, Petitioners maintain, are necessary to fulfill “the

statute’s purpose”: restricting the ownership of any

firearms that are “dangerous” because of their “rapidfire capability.” Pet.Br.35, 40.

This Court has “stated time and again that courts

must presume that a legislature says in a statute

what it means and means in a statute what it says

there. When the words of a statute are unambiguous,

then, this first canon is also the last: judicial inquiry

is complete.” Sigmon Coal, 534 U.S. at 461–62

(cleaned up). Congress chose to define “machinegun”

with clear and unambiguous terms that refer to the

functioning of a firearm’s trigger, not its rate of fire.

Because the bump stocks at issue plainly do not qualify as machine guns under that precise definition, Petitioners’ decision to regulate them as if they did is

contrary to law and must be set aside.

ARGUMENT

I.

Semiautomatic Firearms Equipped with

Bump Stocks Fire a Single Round Each

Time the Trigger Functions.

To understand whether a bump stock can be used

to “convert[ ] a weapon into a machinegun,” 26 U.S.C.

§ 5845(b), it is necessary to understand the basics of

how firearms function, and precisely how bump stocks

5

affect that functionality. We thus begin with a brief

discussion of the mechanics of modern firearms and of

bump stocks.

A.

Semiautomatic Firearms Are Only Capable of Firing One Shot Each Time the

Trigger Functions.

Modern firearms are breechloaders that fire cartridge ammunition loaded at the “breech,” or back

end, of the firearm (rather than at the front end of the

firearm, through the muzzle). These firearms discharge each round by causing a firing pin to impact

the primer located in the base of the ammunition cartridge, which then ignites the powder located in the

body of the cartridge and propels the bullet (or shot

pellets) through and out of the firearm’s barrel. In

modern firearms, this process is controlled by what

Congress termed the “function of the trigger”: the user

moves the trigger backward (typically with his index

finger) so that it releases a spring-loaded component

called the “hammer” and allows it to spring forward

and drive the firing pin against the primer.2 A stylized

depiction of this process is reproduced below, and a

video illustrating it can be found at HUNTER-ED,

Video: How a Cartridge is Fired, https://bit.ly/498JNj7

(last visited Jan. 23, 2024).

2 Some firearms employ a striker rather than a hammer to

thrust the firing pin forward. John W. Treakle, Rifleman Q&A:

(Feb.

8,

2022),

Striker-Fired

Actions

Explained

https://bit.ly/4b8WKLn. Like the court below, we generally confine our discussion to firearms that employ a hammer, but the

principles set forth apply equally to striker-fired firearms.

6

Figure 1:

How

a

Cartridge

is

Fired,

HUNTER-ED,

https://bit.ly/4b9CB8g (last visited Jan. 23, 2024).

7

For the firearm to discharge a second round, three

basic things must happen: (1) the mechanism that

propels the firing pin against the primer must be reset; (2) the spent (empty) cartridge (or shell, in the

case of shotguns) must be ejected from the firearm and

a new one, ready to be fired, must be inserted in its

place; and (3) the firing pin must be driven forward

again to strike the primer of the new cartridge. The

combination of parts within the firearm responsible

for these operations is known as the “action,” and most

modern bearable arms are typically sorted into three

general categories based on the type of action they

use.

Some firearm actions operate manually. These

firearms require the user to manually reset the machinery that causes the firing pin to strike the primer—for example, by cocking the hammer so that it

can be released again by the trigger. And they also require the user to eject and replace the spent cartridge

with a new one: after each shot, “the mechanism of the

firearm must be manually cycled by the shooter to unlock, extract, eject, feed, [and] chamber . . . a subsequent cartridge.”3 Some manually operated firearms

contain no magazine for holding extra rounds at all,

and a new round must be physically loaded into the

firearm after each shot.4 Others—such as bolt-action

or lever-action rifles, or pump-action shotguns—may

contain a magazine holding extra rounds inside the

3 NATIONAL RIFLE ASSOCIATION, 3 Firearm Modes of Opera-

tion

(&

How

They're

https://bit.ly/3UacJTo.

Powered)

(Oct.

4,

2023),

4 NATIONAL RIFLE ASSOCIATION, How Do Guns Work? Single-

Shot Mechanisms (July 14, 2023), https://bit.ly/3HPcTIN.

8

firearm, but the user must still take some physical action to replace the spent cartridge with a new one (for

example, by rotating and sliding the bolt to eject the

spent cartridge and chamber a new one).5 In any case,

once the firearm is reloaded and re-cocked, the user

must then cause the trigger to release the hammer in

order to fire a successive shot. Any additional shots

require a full repetition of the entire sequence.

Many other firearms operate semiautomatically.

A semiautomatic action harnesses the energy from firing a round to perform the first two of the operations

described above: to automatically eject the spent cartridge and load a new cartridge in its place,6 and also

to re-cock the firearm’s hammer so that it is ready to

fire a successive round. As with a manual action, however, the user must manually perform the third action: releasing the hammer by pulling the trigger so

that it can strike the firing pin again.

The plurality opinion below described the mechanics of this process well. The portion of a semiautomatic firearm that ultimately drives the firing pin

into the primer in the cartridge is comprised of four

5 NATIONAL RIFLE ASSOCIATION, How Do Guns Work? Bolt-

Actions (Apr. 25, 2023), https://bit.ly/3UfsCbh; NATIONAL RIFLE

ASSOCIATION, How Do Guns Work? Lever-Actions (May 25, 2023),

https://bit.ly/47NOkGC; NATIONAL RIFLE ASSOCIATION, How Do

Guns

Work?

Slide/Pump-Actions

(May

25,

2023),

https://bit.ly/3SrvhgP. In some cases, the same action that ejects

and replaces the spent cartridge also re-cocks the hammer.

6 NATIONAL RIFLE ASSOCIATION, How Do Guns Work? Semi-

Automatic (Self-Loading)

https://bit.ly/492f5be.

Mechanisms

(Dec.

30,

2022),

9

basic components: the trigger, sear, hammer, and disconnector.

The trigger is the interface between the

gun’s internal mechanism and the human

finger. The sear is the trigger’s top-forward

geometric plane, which locks snugly into a

groove near the spring of the hammer. The

hammer is the spring-loaded element that

strikes the firing pin, causing ignition of the

charge and propulsion of the bullet. The disconnector is a part that sits on top of the

trigger and serves to reset the hammer after

a round is fired; this resetting is what makes

a semi-automatic weapon semi-automatic.

Pet.App.6a. These parts may be depicted as follows:

Figure 2:

Id.

10

When the trigger is moved backward—again, typically by the user moving it backward with his index

finger—it “disengages the hammer from the sear, allowing the spring to swing the hammer to strike the

firing pin.” Pet.App.6a–7a. That ignites the primer

and fires the round, and the force from the discharge

then “thrusts the bolt backward, which kicks the hammer into the disconnector on top of the still-depressed

trigger.” Pet.App.7a. So long as the hammer is secured

by the disconnector, it cannot be released again to fire

a successive shot. When the trigger is allowed to move

forward, however, it resets: “the hammer is pulled

back into the cocked position and secured by the trigger’s sear as it slips off the disconnector. The user may

then fire again by pulling the trigger, without having

to manually re-cock the hammer.” Id. An animated

graphic illustrating this process is available on the

Fifth Circuit’s website, see AR-15 ANIMATION,

https://bit.ly/496BvYQ.

These components thus streamline much of the

process that must be physically performed by the user

of a manually operated firearm, potentially reducing

the amount of time between shots. But with a semiautomatic firearm no less than a manually operated one,

the trigger must go through a full backward-forward

cycle for each shot: until the trigger moves forward

and resets after one shot, the hammer remains secured by the disconnector; until the trigger moves

backward again, the hammer remains secured by the

sear; and until the hammer is released by both the

disconnector and then the sear, it cannot strike the

firing pin and discharge a successive round.

A final type of firearm, by contrast, operates fully

automatically. Like a semiautomatic action, a fully

11

automatic action uses the energy generated by discharging a round to automatically expel the spent cartridge and insert a new cartridge in its place. But a

fully automatic action also automates the entirety of

the process of cocking and releasing the hammer, such

that so long as the trigger is held backward, “an automatic weapon can shoot continuously until ammunition is depleted.” Pet.App.8a. A fully automatic action

accomplishes this continuous fire through use of “an

‘auto-sear’— a device that serves to re-cock and release the hammer in tandem with the motion of the

bolt for so long as the trigger remains depressed. In

other words, the auto sear enables a pendulum swing

of the hammer in sync with the bolt without any further input from the user . . . .” Id. Unlike a semiautomatic firearm, then, a fully automatic one fires multiple shots each time the trigger is moved backward to

release the hammer and continues to fire as long as

the trigger remains depressed by that single backward movement.

B.

Bump Stocks Increase the Speed of a

Semiautomatic Firearm’s Operation,

But They Do Not Enable It To Fire

More Than One Round Each Time the

Trigger Functions.

As discussed, unlike a fully automatic firearm, a

semiautomatic firearm is capable of firing only one

shot each time the trigger goes through a full backward-forward cycle: moving the trigger backward releases the hammer from the sear and allows it to

strike the firing pin; allowing the trigger to return forward resets it by releasing the hammer from the disconnector and securing it to the sear. A user ordinarily

accomplishes this cycle by moving his index finger

12

backward and forward, but any method of physically

manipulating the trigger backward and forward will

suffice. For example, any semiautomatic firearm can

be “bump fired”: instead of moving his index finger,

the user can hold his index finger stationary and use

his other hand, in conjunction with the firearm’s recoil, to move the firearm back and forth, thereby pressing the trigger forward and backward against his stationary finger.

Bump stocks use the recoil generated when a firearm is discharged to speed up this process of bumpfiring a semiautomatic firearm. Bump stocks replace

the standard stock of a semiautomatic rifle—the back

part of the firearm that fits into the pocket of the

user’s shoulder. “A typical bump stock consists of a

sliding shoulder stock molded to a grip, a trigger ledge

where the shooter places his finger, and a detachable

rectangular receiver module that goes into the receiver well of the bump stock’s handle to guide the recoil of the weapon when fired.” Pet.App.9a. An image

depicting a typical bump-stock is reproduced below.

When using a bump stock, the user holds his trigger

finger steady, and the bump stock facilitates the sequence where the firearm rapidly moves forward and

backward, pushing the trigger against the finger repeatedly and thus causing it to reset and release the

hammer multiple times in quick succession.

13

Figure 3:

Id.

Bump stocks come in two basic varieties: mechanical and non-mechanical. Only the non-mechanical

kind are at issue in this case. Both types rely on the

recoil from a shot to drive the firearm backward—

thereby releasing the pressure on the trigger from the

user’s stationary index finger, allowing it to reset by

shifting the hammer from the disconnector to the

sear. With a mechanical bump stock, the firearm is

then moved forward again—and the trigger is thus

pressed against the stationary index finger and the

hammer released—by an internal spring or similar

mechanism located within the stock. Pet.App.10a.

Non-mechanical bump stocks, by contrast, instead require the user to “maintain[ ] forward pressure on the

gun’s forebody, again causing the trigger to bump into

the trigger finger, maintaining fire.” Pet.App.9a-10a.

14

An animated graphic illustrating the use of a bump

stock is available on the Fifth Circuit’s website, see

BUMP FIRE ANIMATION, https://bit.ly/42btgsn (last visited Jan. 23, 2024).

Either type of bump stock can increase the speed

with which the firearm’s trigger goes through the necessary backward-forward cycle. But neither results in

the firing of more than a single shot each time the cycle repeats. For bump stocks do not alter the internal

architecture of a semiautomatic firearm. And as discussed above, that internal architecture necessarily

requires the trigger to go through a full cycle of movement before discharging each round: until the trigger

moves to the forward position, the hammer is held stationary by the disconnector; and until the trigger

moves again to the back position, the hammer is secured by the sear and cannot strike the firing pin.

II.

Bump Stocks Do Not Enable Semiautomatic

Firearms To Shoot Automatically More

Than One Shot by a Single Function of the

Trigger.

As noted above, a bump stock qualifies under Section 5845 as a “machinegun” only if it can be “use[d]

in converting a weapon” “to shoot, automatically more

than one shot . . . by a single function of the trigger.”

26 U.S.C. § 5845(b). It cannot.

A.

Firearms Equipped with Bump Stocks

Do Not Shoot More than One Shot By a

Single Function of the Trigger.

1. The first reason why bump stocks do not meet

the statutory standard for machine guns follows directly from the description of a semiautomatic firearm’s operation in Part I: semiautomatic firearms are

15

simply incapable of firing more than a single shot with

each function of the trigger.

At the time of enactment, “ ‘function’ meant the

‘natural and proper action’ of a thing.” Guedes v.

BATFE, 66 F.4th 1018, 1025 (D.C. Cir. 2023) (Walker,

J., dissenting) (quoting WEBSTER’S NEW INTERNATIONAL DICTIONARY 876 (2d ed. 1933)). To put it another way, “[s]omething’s ‘function’ was ‘[t]he special

kind of activity proper to [it]; the mode of action by

which it fulfills its purpose.’ ” Id. (quoting 4 OXFORD

ENGLISH DICTIONARY 602 (1933)); see also

Pet.App.20a; Aposhian v. Wilkinson, 989 F.3d 890,

895 (10th Cir. 2021) (Tymkovich, C.J., dissenting);

Gun Owners of America v. Garland, 19 F.4th 890, 912

(6th Cir. 2021) (Murphy, J., dissenting). Accordingly,

the first question presented by Congress’s definition

of “machinegun” is “whether a semi-automatic rifle

equipped with a . . . bump stock fires more than one

shot each time the trigger ‘acts.’ ” Pet.App.20a.

It does not. Until the trigger on such a firearm

“functions” by going through a complete cycle of movement—forward to release the hammer from the disconnector and secure it with the sear, backward again

to release the hammer from the sear to strike the firing pin—a successive shot cannot be fired. A bump

stock increases the speed with which the trigger “acts”

or “functions” by going through this cycle, but it does

not and cannot alter the basic physical mechanism of

the firearm’s action. And that mechanism is incapable

of firing more than one shot for each function of the

trigger so long as it is working properly.

2. Petitioners resist this conclusion, arguing that

a firearm “shoots more than one shot by a single

16

function of the trigger . . . if it fires multiple rounds

after the shooter pulls the trigger once,” and that a

bump-stock equipped semiautomatic firearm satisfies

that requirement. Pet.Br.18 (cleaned up). As an initial

matter, this argument would have the Court effectively red-pencil Congress’s carefully crafted phrase of

art—“single function of the trigger”—and replace it

with different language altogether—“single pull of the

trigger.” That is not this Court’s role. Congress could

have used Petitioners’ preferred phraseology—in fact,

“[i]n defining rifles and shotguns, Congress chose to

use the phrases ‘single pull of the trigger’ and ‘each

pull of the trigger’ respectively.” United States v. Alkazahg, 2021 WL 4058360 at *13 (N-M. Ct. Crim. App.

Sept. 7, 2021). But in defining “machinegun,” it instead chose to use the language “single function of the

trigger”—a phrase that appears to have never been

used before in published English, and that was thus

apparently “created by Congress specifically to be

used in these firearm statutes.” Pet.App.26a n.7. “Single pull of the trigger” “are not the words that Congress wrote, and this Court is not free to ‘rewrite the

statute’ to the Government’s liking.” National Ass’n of

Mfrs. v. Department of Def., 583 U.S. 109, 123 (2018)

(quoting Puerto Rico v. Franklin Ca. Tax-Free Trust,

579 U.S. 115, 129 (2016).

Petitioners attempt to minimize Congress’s textual choice, arguing that it used the language “function of the trigger” instead of “pull of the trigger”

merely because it was a “more versatile phrase” that

encompassed “any other single motion, such as a

push, [used] to activate the trigger.” Pet.Br.21–22, 26

(cleaned up). According to Petitioners, “[s]ome automatic firearms that were well known in 1934 used

17

triggers that had to be pushed with the thumb rather

than pulled with the index finger,” and “Congress’s

use of the more general term ‘function’ rather than

‘pull’ ensured that the statute would also cover those

types of automatic firearms.” Pet.Br.22. For similar

reasons, Petitioners’ own interpretation of “function of

the trigger” includes not only “a single pull of the trigger” but also any “analogous motions.” 27 C.F.R.

§ 478.11.

Far from supporting Petitioners’ ultimate conclusion that bump stocks qualify as machine guns, this

argument is in fact fatal to it. The argument concedes

that “a single function of the trigger,” 26 U.S.C.

§ 5845(b), cannot solely mean “a single pull on the

trigger with a rearward motion of the index finger”—

and that it necessarily includes other actions that “activate” the trigger, Pet.Br.22. The phrase surely must

encompass, then, a user’s “activation” of the trigger by

pulling it when he bump-fires it—not by moving his

index finger rearward against the trigger, but by forcing the trigger forward against the index finger.

And if a “single function of the trigger” includes

pulling (or “activating”) it by bump-firing it, then a

bump stock is not a machine gun. For each time the

user of a bump stock “pulls” the trigger by pressing it

forward against his stationary index finger, only one

shot is fired. Yes, the bump stock increases the rapidity with which the trigger is released and then pulled,

by harnessing the recoil from the previous shot to

move the firearm backward and allow the trigger to

reset, and utilizing the user’s continuous forward

pressure on the firearm to move the trigger against

the index finger—and thus release the hammer from

the sear—very quickly thereafter. But it remains the

18

case that “[t]he trigger . . . must necessarily ‘pull’

backwards and release the rifle’s hammer . . . every

time that the rifle discharges.” Aposhian v. Barr, 958

F.3d 969, 995 (10th Cir. 2020) (Carson, J., dissenting)

(internal citation omitted). “A single action never

causes the rifle to fire more than one shot.” Guedes, 66

F.4th at 1027 (Walker, J., dissenting).

The short of the matter is this: Petitioners can interpret Section 5845 in a way that encompasses bump

stocks only if they read “function of the trigger” to exclusively mean “pulling the trigger with the backward

motion of the index finger.” Yet Petitioners themselves acknowledge that this reading is untenable,

since it would exclude from the statute’s reach any

other way of activating the trigger, as well as the use

of firearms that are discharged by alternate triggers

not operated with the index finger at all. Accordingly,

under Petitioners’ own interpretation of the statutory

phrase “single function of the trigger,” bump stocks do

not qualify as machine guns.

3. That point also suffices to dispose of Petitioners’ reliance on various snippets of legislative history

where “function of the trigger” is used interchangeably with “pull of the trigger.” The Government develops this argument at great length, citing multiple

hearings and committee reports. Pet.Br.18–20. It also

cites a 1934 Treasury Department ruling, and this

Court’s statement in Staples v. United States, 511

U.S. 600, 602 n.1 (1994), that “a weapon that fires repeatedly with a single pull of the trigger” is a machinegun. See Pet.Br.21. But the argument fails on

multiple levels. For starters, “legislative history is not

the law,” Azar v. Allina Health Servs., 587 U.S. ---, 139

S. Ct. 1804, 1814 (2019), and all Petitioners’

19

legislative history shows here is that “pull of the trigger” was occasionally used interchangeably with, or as

a sort of shorthand for, “function of the trigger.” That

is hardly surprising, given that the most common way

of causing a trigger to function is by pulling it, and it

proves nothing.

Indeed, that is precisely how Petitioners understand their various examples of the two phrases being

used interchangeably. After reproducing those

phrases over the course of several pages, they are

forced to immediately concede that “[a]ll that said, the

term ‘single function of the trigger’ is not limited to a

single pull of the trigger,” since it must include other

ways of activating the trigger. Pet.Br.21. And as explained above, once the statutory language is understood as including ways of pulling or activating a trigger other than exclusively through the rearward motion of the index finger, then it must include pulling

the trigger by bump-firing it—and bump stocks can no

longer be counted as machine guns. Accordingly, even

if the Government’s legislative history argument were

persuasive on its substance (and it is not), it ultimately leads nowhere.

4. Returning to the actual statutory text, Petitioners next argue that the phrase “function of the trigger”

should be interpreted from the perspective of “what

the shooter does to the trigger,” rather than the

“movement of the trigger itself,” because “triggers do

not activate firearms on their own; rather, a firearm

starts firing only because the shooter does something

to the trigger.” Pet.Br.25. Yes, firearms do not go off

“on their own,” id., but the plain text of Section 5845

“is indifferent about why the trigger moves—pull,

bump, or otherwise—it looks only to how many shots

20

are fired each time the trigger moves.” Guedes, 66

F.4th at 1026 (Walker, J., dissenting). The phrase

“function of the trigger” thus “continuously points the

reader back to the mechanics of the firearm.”

Pet.App.23a–24a. “The statute speaks only to how the

trigger acts, making no mention of the shooter.”

Aposhian, 989 F.3d at 895 (Tymkovich, C.J., dissenting). Petitioners’ interpretation of the statute as “refer[ring] to the shooter’s action on the trigger,”

Pet.Br.25, is thus flatly contrary to the text.

The Government attempts to bolster its atextual

reading by pointing to “other phrases with the same

structure” that, it says, support its user-focused interpretation. Pet.Br.25–26. The phrase “ ‘[s]troke of a

key,’ ” according to Petitioners, refers to what the typist does to the key, “ ‘throw of the dice’ to what the

gambler does to the dice, and ‘swing of the bat’ to what

the hitter does to the bat. So too for ‘press of a button,’

‘touch of a screen,’ ‘flip of a switch,’ ‘toss of a coin,’ and

‘wave of a wand.’ ” Far from supporting Petitioners’

interpretation, these examples refute it. Most of these

examples are highly rhetorical expressions that possess emotive force precisely because they focus on the

object being acted upon at the exclusion of the person

acting. Saying that the outcome of some event hangs

on the “throw of the dice” has such expressive power

precisely because it focuses on the random chance or

fate guiding the motions of the dice itself, divorced

from any control by the one who throws it; writing

that someone can accomplish some feat with “the flip

of a switch” conveys the unusual power of the machinery being used, precisely because the phrase focuses

on the mechanical switch being manipulated to the exclusion of the individual using it. So too, the phrase

21

“function of the trigger” compels the reader to focus on

“the function/action of the trigger itself [as] the only

variable that matters.” Aposhian 958 F.3d at 994

(Carson, J., dissenting).

In all events, Petitioners’ insistence that the

Court focus on “what the shooter does to the trigger,”

Pet.Br.25, is ultimately a red herring. Of course, what

the user of a bump-stock-equipped semiautomatic

firearm does to the trigger, in order to discharge the

firearm, is activate it through some bodily motion. The

important point is that the statutory text—as well as

Petitioners’ interpretation of it, in fact—is agnostic as

to what specific bodily motion the user employs. See

Bump-Stock-Type Devices, 83 Fed. Reg. 66,514, 66,535

(Dec. 26, 2018) (codified at 27 C.F.R. § 479.11) (“The

term ‘single function’ is reasonably interpreted to also

include other analogous methods of trigger activation.”). And used in conjunction with a bump stock or

not, each time the user of a semiautomatic firearm activates the trigger, it fires only a single shot. The bump

stock affects only the speed with which a user can use

his body to activate the trigger—not how many rounds

are fired with a single activation of the trigger.

5. Petitioners object that following the plain and

obvious meaning of Section 5845’s text would be contrary to the ATF’s “longstanding practice” of interpreting the definition of “machinegun” as encompassing the mechanical bump stock known as the “Akins

Accelerator.” Pet.Br.26–27. This case concerns nonmechanical bump stocks, so the Court need not address the applicability of Section 5845 to mechanical

ones. And if anything, the Government’s 2006 determination that the Akins Accelerator is a machine gun

illustrates the unpersuasiveness of its interpretation

22

of the Act. That 2006 interpretation was itself a flipflop—four years earlier, ATF had concluded that the

device was not a machinegun because it correctly “interpreted the statutory term ‘single function of the

trigger’ to refer to a single movement of the trigger.”

Bump-Stock-Type Devices, 83 Fed. Reg. at 66,517.

6. “In a final bid to elide the statutory text, [the

Government] appeals to congressional purpose.”

Biden v. Nebraska, 600 U.S. ---, 143 S. Ct. 2355, 2372

(2023). “[A] machinegun is dangerous precisely because it eliminates the manual movements that a

shooter otherwise needs to repeat in order to fire multiple shots,” the Government insists, and so “[t]he

statute’s evident purpose” must be to regulate whatever firearms possess a requisite degree of “dangerousness.” Pet.Br.24–25. But as this Court has come to

understand, “[n]o law pursues its purposes at all

costs.” Hernandez v. Mesa, 589 U.S. ---, 140 S. Ct. 735,

741–42 (2020) (cleaned up). “Instead, lawmaking involves balancing interests and often demands compromise.” Id. at 742. “For these reasons and more besides

[this Court] will not presume with petitioners that

any result consistent with their account of the statute’s overarching goal must be the law but will presume more modestly instead that the legislature says

what it means and means what it says.” Henson v.

Santander Consumer USA Inc., 582 U.S. 79, 89 (2017)

(cleaned up). And here the statutory text passed by

Congress draws the line that divides innocence from

guilt not in terms of “the weapon’s dangerousness,”

Pet.Br.25, or even its “rapid-fire capability,”

Pet.Br.40, but rather how many times the trigger

must “function” to fire “more than one shot,” 26 U.S.C.

§ 5845(b).

23

Petitioners attempt to dress their naked purposive argument in more attractive garb, casting it as a

mere “anti-circumvention” rule preventing “offenders

[from] elud[ing] [the statute’s] provisions in the most

easy manner.” Pet.Br.38. Anti-circumvention principles “confirm that rifles with bump stocks are ‘machineguns’ under federal law,” the Government says,

because “rapid-fire capability poses an immense danger to the public,” and “[l]ike other machineguns, rifles equipped with bump stocks have a prodigious

rapid-fire capability upon a pull of the trigger.”

Pet.Br.40–41 (cleaned up). The end of the story thus

reveals that the argument has no clothes: it is the

same naked appeal to general congressional purposes

that was there all along. For whatever subjective purposes our legislators might have been pursuing, the

statute they ultimately settled upon does not distinguish lawful from unlawful firearms in terms of their

“rapid-fire capability.” Pet.Br.41. And adhering to the

distinction they did adopt—between firearms that can

and cannot fire more than one shot “by a single function of the trigger,” 26 U.S.C. § 5845(b)—is not circumventing the statute, it is faithfully applying it.

Congress may yet choose to define “machinegun”

in terms of a firearm’s rate of fire rather than how

many rounds are fired by each function of its trigger.

But it is up to the elected lawmakers in that body to

adopt such an amendment—not the bureaucrats at

ATF, and not even this Court.

24

B.

Firearms Equipped with Non-Mechanical Bump Stocks Do Not Function Automatically.

The bump stocks at issue are not “machineguns”

under Congress’s definition for a second and independent reason: they do not fire more than one shot

“automatically.” 26 U.S.C. § 5845(b). When Congress

adopted that definition, “automatically” meant “selfacting under conditions fixed for it,” or “going of itself.” Pet.App.28a (cleaned up) (quoting OXFORD ENGLISH DICTIONARY at 574 (1933)). And a non-mechanical bump stock does not permit a semiautomatic firearm to fire more than one bullet in a “self-acting” manner. Rather, the firearm continues to fire only if the

user undertakes the separate, continuous action of

maintaining forward pressure on the front part of the

firearm. It is only that distinct action that causes the

successive rounds to fire—not the firearm or bump

stock “going of itself.” And “[a] mechanism cannot be

self-acting or self-regulating if it requires user input

to keep working.” Guedes, 66 F.4th at 1027 (Walker,

J., dissenting).

“Automatically” means an individual need do no

more once a trigger is engaged to keep a firearm firing. Consider an “advertisement,” which “declares

that a device performs a task ‘automatically by a push

of a button.’ ” Guedes v. BATFE, 920 F.3d 1, 44 (D.C.

Cir. 2019) (Henderson, J., concurring in part and dissenting in part). Most “would understand the phrase

to mean pushing the button activates whatever function the device performs. It would come as a surprise

. . . if the device does not operate until the button is

pushed and some other action is taken—a pedal

25

pressed, a dial turned and so on.” Id. at 45 (emphasis

added).

To read “automatically” to encompass even those

mechanisms that require additional manual input

from the individual shooter would elide the distinction

between “automatic” and “semiautomatic.” “[A]n automatic gun reloads and fires automatically, so long

as the shooter keeps his finger on the trigger.” Guedes,

66 F.4th at 1027. By contrast, “[a] semiautomatic gun

is one ‘in which part, but not all, of the operations involved in loading and firing are performed automatically.’ ” Id. (emphasis added) (quoting WEBSTER’S NEW

INTERNATIONAL DICTIONARY 187 (2d ed. 1934)). “A gun

modified by a bump stock works semi automatically:

the shooter plays a manual role in the firing process

because he must keep constant pressure on the bump

stock.” Id.7

Indeed, a semiautomatic firearm equipped with a

non-mechanical bump stock is indistinguishable in

this respect from another type of firearm that Petitioners themselves concede does not fire multiple

shots automatically. Certain shotguns allow the user

7 In fact, to accept ATF’s definition would mean that nearly

all semiautomatic rifles are automatic because these firearms

can be bump fired without a non-mechanical bump stock. While

bump stocks make certain aspects of the process more efficient,

there are many other ways to facilitate bump firing. For example,

a video of a user bump firing a semiautomatic firearm with the

help of only his belt loop is available at YOUTUBE (Aug. 7, 2021),

https://bit.ly/496O5ax. Thus, as the court below recognized, “if

ordinary bump firing constituted automatic fire, the Final Rule

would convert a semiautomatic weapon into a machinegun

simply by how a marksman used the weapon. That absurd result

reveals the flaw in the Government’s line of reasoning.”

Pet.App.31a (quotation marks omitted).

26

to fire continuously by “pull[ing] the trigger, hold[ing]

it back, and pump[ing] the fore-end. The pump-action

ejects the spent shell and loads a new shell that fires

as soon as it is loaded.” 83 Fed. Reg. at 66,534. When

a commenter on the Government’s proposed rule

pointed out that this type of shotgun thus fires multiple shots with a single pull of the trigger, the Government responded that it nonetheless does not qualify

as a machine gun because “it does not shoot ‘automatically,’ and certainly does not shoot ‘without manual

reloading.’ ” Id. (quoting 26 U.S.C. 5845(b)). Maintaining forward pressure on the fore-end of a bump-stockequipped firearm is a manual function no materially

different than pumping the fore-end of a pump-action

shotgun. Yet Petitioners concede the latter function is

sufficient to prevent the shotguns in question from firing more than one shot “automatically.” Id. The same

conclusion must follow for bump stocks. Petitioners

now protest that these shotguns “require[ ] a greater

degree of shooter input” than non-mechanical bump

stocks, Pet.Br.38, but the line Congress drew is one

that distinguishes between firearms that can and cannot fire multiple shots “automatically”—by “going of

itself” without any further human input whatsoever

(apart from the function of the trigger), Pet.App.86a—

not one that depends on the government’s nebulous

assessment of the “degree of shooter input” involved.

C.

Reading the Statutory Language As a

Whole Confirms Beyond Any Doubt

that Non-Mechanical Bump Stocks Are

Not “Machineguns.”

The statutory phrases limiting “machineguns” to

firearms that fire multiple shots “automatically” and

“by a single function of the trigger,” 26 U.S.C. 5845(b),

27

each independently doom Petitioners’ attempt to

sweep non-mechanical bump stocks within that definition. But the matter is even clearer when the two

phrases are read, as they must be, together as a single

unit. A statutory provision’s “text must be construed

as a whole,” ANTONIN SCALIA & BRIAN GARNER, READING LAW 167 (2012), yet many of Petitioners’ arguments are based on a divide-and conquer approach

that seeks to engage the phrases “single function of

the trigger” and “automatically” in isolation from each

other and then defeat them seriatim. That is not how

statutory interpretation works. And when the phrase

“shoot, automatically more than one shot, without

manual reloading, by a single function of the trigger”

is understood as a whole, Petitioners’ arguments collapse.

1. The Government repeatedly asserts, for example, that bump stocks enable a user to fire more than

one round “by a single function of the trigger,” 26

U.SC. § 5845(b), because the initial activation of the

trigger “initiates a firing sequence” that discharges

multiple rounds. Pet.Br.23. But Congress did not

write a definition of “machinegun” that includes any

firearm that “initiates a firing sequence of more than

one shot by a single function of the trigger.” Instead,

Congress provided that what a “single function of the

trigger” must do, for an arm to be a machine gun, is

“shoot, automatically more than one shot.” 26 U.SC.

§ 5845(b). Petitioners’ attempt to distinguish between

using a trigger to “initiate” a firing sequence and to

“continue[ ] a sequence that has already begun,”

Pet.Br.24, is thus flatly contrary to the statutory text.

The statute does not speak in these terms; it is limited

28

to firearms that use a single function of the trigger to

fire more than a single shot.

Worse still, if Section 5845 applied to any firearm

allowing the user to initiate a firing sequence of more

than one shot with a single function of the trigger, it

would appear to encompass every semiautomatic firearm. For every time a user fires more than one round

through ordinary semiautomatic fire, he has arguably

“initiate[d] a firing sequence that produces more than

one shot,” 83 Fed. Reg. at 66,519, with a single function of the trigger—the first one. But that does not

transform a semiautomatic firearm into a machinegun because it still does not shoot, automatically

more than one shot” with each trigger activation. The

same is true when the firearm is equipped with a

bump stock.

2. The Government adopts the same in abstracto

approach to interpreting “automatically.” It repeatedly argues, for example, that “the word ‘automatic’

does not connote a complete absence of human involvement.” Pet.Br.33. Instead, it insists, the word encompasses “devices which perform parts of the work

formerly or usually done by hand,” such as “an automatic teller machine,” “an automatic car wash,” or “an

automatic sewing machine.” Pet.Br.32 (emphasis

added) (cleaned up). That proposition might be relevant if Congress had defined “machinegun” as “a firearm that operates automatically,” plano. It did not.

Instead, Congress took care to specify precisely the

way in which a machinegun must operate automatically: by “shoot[ing], automatically more than one shot

. . . by a single function of the trigger.” 26 U.SC.

§ 5845(b). A consumer who purchases a device advertised as an “automatic sewing machine” might

29

understand that he still must “press a pedal and direct the fabric.” Guedes, 920 F.3d at 30 (cleaned up).

But if the advertisement further stated that the machine “sews, automatically more than one stitch by a

single function of the pedal,” he would no doubt be surprised to learn that it stopped after the first stitch unless he continued to hold down a lever elsewhere on

the machine.

Reading the statutory definition as a whole also

refutes Petitioners’ marquee argument in support of

the notion that a non-mechanical bump stock allows a

semiautomatic firearm to operate “automatically”:

that it requires no greater degree of human input than

a fully automatic firearm. “In order to fire continuously” with a fully automatic arm, the Government

notes, “the shooter must not only pull the trigger, but

also keep the trigger pressed down.” Pet. Br. 33. And

“[t]here is no meaningful difference,” it says, “between

(1) maintaining rearward pressure on the trigger of a

conventional machinegun and (2) maintaining forward pressure on the front grip of a rifle with a bump

stock.” Pet.Br.34 (cleaned up).

This argument fails because maintaining pressure on the trigger of a fully automatic machinegun is

very different in the following respect: that user input

is a “function of the trigger.” 26 U.S.C. § 5845(b) (emphasis added). And under the statutory definition

Congress actually wrote, that difference is dispositive.

Section 5845 does not define “machinegun” as a firearm that fires multiple shots automatically, full

stop—that is, without any input from the user whatsoever. Rather, it defines “machinegun” as a firearm

that fires more than one round automatically “by a

single function of the trigger.” Id. A conventional

30

machinegun is automatic in just this sense: it “go[es]

of itself,” Pet.App.28a, so long as the user directs it to

do so by the “function of the trigger,” 26 U.S.C. §

5845(b). A semiautomatic firearm equipped with a

non-mechanical bump stock does not, because the

user can fire more than one round only if he undertakes a continuous action that is separate and distinct

from the function of the trigger: maintaining forward

pressure on the firearm with his other hand.

3. Similar reasoning disposes of Petitioners’ various and increasingly far-fetched hypotheticals designed to undermine the plain meaning of Section

5845’s text. For example, Petitioners imagine a device

that fires multiple shots continuously with a single

pull of the trigger, but only so long as the user also

keeps “pressing and holding down a selector button.”

Pet.Br.36. This imaginary device also appears to be

distinct from a non-mechanical bump stock—and

again, in just the way that the statutory text singles

out. For if pressing the button merely serves to keep

the trigger engaged, as Petitioners’ hypothetical suggests, then this action is best understood as simply a

part of the “function of the trigger” itself—in the same

manner as the automatic firearms discussed by Petitioners elsewhere, which use triggers that have to be

pushed with the thumb rather than pulled with the

index finger. Pet.Br.22. Like those firearms, Petitioners’ hypothetical device would still fire multiple

rounds “automatically” with each “function of the trigger,” and so it would qualify as a machinegun under

Section 5845(b)’s definition.

The same is true of the “AutoGlove” discussed by

Petitioners, that used “a mechanized piston on the

glove” to “repeatedly pull[ ] and releas[e]” a

31

semiautomatic firearm’s trigger. Pet.Br.29; see also

id. (discussing similar “motarized devices”). That device appears to be nothing more than an elaborate way

of replacing a firearm’s normal trigger (“the curved

metal lever”) with a new one (the mechanism used to

“activate[ ] the glove”) that only needs to function once

to fire more than one round automatically. Id.; see also

Pet.App.26a (trigger can be “something other than the

metal lever”). A firearm plainly falls within Section

5845(b)’s definition if someone modifies it by altering

the action and installing an auto sear that enables

fully automatic fire. The same is true if the alteration

uses a more elaborate device like the AutoGlove.

Likewise with the “forced reset trigger” raised by

Petitioners. Pet.Br. 28. That device literally replaces

a semiautomatic firearm’s ordinary trigger assembly

with a new one that “has no disconnector” at all; instead, when the hammer is thrust backward by the

force of discharging a round, it is “momentarily held

in place” by a “locking bar” until the next round is

chambered, and then it is immediately released to fire

a successive round, so long as the user “has simply

maintained rearward pressure on the trigger.” United

States v. Rare Breed Triggers, LLC, 2023 WL 5689770,

at *6 (E.D.N.Y. Sept. 5, 2023) (cleaned up). The forced

reset trigger thus operates in a manner closely akin to

the trigger on an ordinary fully automatic firearm—

and despite the fact that one can see a forced reset

trigger “move slightly back and forth against the

shooter’s finger with each shot” if one views its operation “in extreme slow motion,” Pet.Br.28, it is clear

that a firearm equipped with the device can “shoot,

automatically more than one shot . . . by a single function of the trigger.” 26 U.S.C. § 5845(b).

32

A bump stock is nothing like these real or imagined devices. Yes, it increases the speed with which

the user activates the trigger—and hence the overall

rate of fire. But Congress did not define “machinegun”

in those terms. It remains free to do so, but unless and

until it does, this Court must enforce the definition

Congress has enacted.

CONCLUSION

The Court should affirm.

January 29, 2024

Respectfully submitted,

DAVID H. THOMPSON

Counsel of Record

PETER A. PATTERSON

JOHN D. OHLENDORF

COOPER & KIRK, PLLC

1523 New Hampshire

Avenue, N.W.

Washington, D.C. 20036

(202) 220-9600

dthompson@cooperkirk.com

Counsel for Amicus Curiae

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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