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“Now the situation is clear. Congress can act.”
Those were the words of Samuel Alito in his concurring opinion on the Supreme Court’s ruling this month invalidating the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives’ rule banning so-called bump stocks. These are devices that effectively can convert a semi-automatic rifle into a machine gun.
It is, of course, illegal for citizens to own machine guns. But the federal law outlawing those weapons of war on our streets wasn’t precise enough in its wording to apply to bump stocks, the high court said in a 6-3 vote. The court ruled federal regulators overreached when they cited that law as authority to ban the mechanisms allowing those so inclined to possess machine guns in all but name.
When it comes to guns, the Supreme Court under Chief Justice John Roberts has been strict on the Second Amendment and has ruled unconstitutional any number of state efforts to control the proliferation and type of firearms in our communities. Many parts of this country — and certainly the city of Chicago is one of them — face a crisis of gun violence, caused in no small part by lax rules, loopholes and uneven enforcement of laws on the books. It is notable, then, that Alito, arguably this Supreme Court’s most conservative justice, openly urged the legislative branch to amend the law and do what the high court said ATF couldn’t — ban bump stocks.
What’s notable, too, is that the ATF rule was approved in 2018, when Donald Trump was president. Trump acted following the Las Vegas mass shooting in which a gunman used a bump-stock device to fire upon a crowd attending a concert, killing close to 60 and injuring over 400 more. It was the deadliest mass shooting in U.S. history, so shocking that even a president who had campaigned in 2016 on the highly questionable notion that the Second Amendment was “under siege” felt compelled to act.
So the ban on bump stocks is one of the few matters on which Trump and President Joe Biden agree. Given that reality, it ought to be a piece of cake to get Congress to codify the rule the high court just invalidated. Right?