by Fred Sisto | Sep 6, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On May 23, 2024, the United States Supreme Court decided the consolidated cases captioned Brown v. United States. The principal issue before the Court concerned the application of the Armed Career Criminal Act to state drug convictions that occurred before amendments...
by Fred Sisto | Sep 4, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Thomas concluded with the following in relevant part: ATF responds that a shooter is less physically involved with operating a bump-stock equipped rifle than operating the Model 37. It explains that once a shooter pulls the rifle’s trigger a single time, the...
by Fred Sisto | Sep 2, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Supreme Court majority continued in relevant part: Even if a semiautomatic rifle with a bump stock could fire more than one shot “by a single function of the trigger,” it would not do so “automatically.” Section 5845(b) specifies the precise action that must...
by Fred Sisto | Aug 31, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Thomas continued in relevant part: ATF exceeded its statutory authority by issuing a Rule that classifies a bump stock as a “machinegun” under §5845(b). A semiautomatic rifle equipped with a bump stock is not a “machinegun” as defined by §5845(b) because: (1)...
by Fred Sisto | Aug 29, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On June 14, 2024, The United States Supreme Court decided the case of Garland v. Cargill. The principal issue before the Court concerned whether the ATF could classify a bump stock as a machine gun, thereby making bump stocks illegal. Justice Thomas wrote for the 6-3...
