The US Supreme Court has struck down a ban on bump stocks on the basis they do not convert assault rifles into machineguns1. Bump stocks use the recoil energy of these rifles, enabling them to fire up to 800 rounds a minute2. Legislation defines ‘machinegun’ by an ability to shoot more than one shot ‘by a single function of the trigger’3. Thomas J applied older dictionary definitions of ‘function’ and ‘trigger’ to reason that bump stocks merely enable multiple functioning of the trigger despite the shooter’s finger remaining stationary. The dissenters said this was inconsistent with ordinary meaning, context and purpose. CNN called out a ‘crusading literalism’4. Dictionaries are interpretation gospel in America5. In our system, they merely provide context-free evidence of contemporary usage. Unlike in the US, we also apply an ‘always speaking’ approach to statutes.
Gordon Brysland – Tax Counsel Network gordon.brysland@ato.gov.au
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Thanks – Oliver Hood, Ross Carter, Matt Freestone & Jeremy Francis.
Footnotes:
1 Garland v Cargill 602 US 406 (2024), cf Episode 93 (earlier proceedings).
2 Bump stocks were used in the 2017 Las Vegas massacre (58 killed).
3 National Firearms Act 1934, 26 USC §5845(b), with (2018) 83 Fed Reg 66514.
4 Erdozain (15 June 2024) CNN online, others applauded.
5 eg Bostock 590 US 644 (2020), Episode 61, cf Basten & Terrell 94 ALJ 825.