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Texas gun store owner says Supreme Court should limit government 'power' in 'bump stock' ban case

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Texas gun store owner says Supreme Court should limit government 'power' in 'bump stock' ban case


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The Supreme Court on Wednesday will hear a challenge to a federal ban on gun “bump stocks” in a case that could affect thousands of gun-owning Americans.

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The case, Garland v. Cargill, presents the question whether a “bump stock” device is a “machine gun” as defined by federal law because it is designed and intended for use in converting a rifle into a weapon that fires “automatically more than one shot … by a single function of the trigger.” 

After a 2017 mass shooting in Las Vegas that left 60 people dead and 500 more wounded, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued an interpretive rule concluding that “bump stocks” are machine guns.

A “bump stock” is an attachment that allows a semi-automatic rifle to mimic a fully automatic weapon’s “cyclic firing rate to mimic nearly continuous automatic fire,” according to the ATF.

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The U.S. Supreme Court  (AP Photo/Jacquelyn Martin)

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Semi-automatic rifles with “bump stocks” could fire hundreds of rounds per minute, according to experts.

They were originally created to make it easier for people with disabilities to fire a gun. The device essentially replaces the gun’s stock and pistol grip and causes the weapon to buck back and forth, repeatedly “bumping” the trigger against the shooter’s finger.

Michael Cargill, owner of Central Texas Gun Works, sued the government after he was forced to surrender several “bump stocks” under the ATF’s rule. 

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A man fires an AK-47 with a “bump stock” installed at Good Guys Gun and Range Feb. 21, 2018, in Orem, Utah. The “bump stock” is a device that, when installed, allows a semi-automatic weapon to fire at a rapid rate, much like a fully automatic gun.  (George Frey/Getty Images)

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“It really goes back to … freedom. And it goes back to just the basics of something that my customers and myself legally purchase. The government should not have that power, that authority in an administrative agency … to come back and ban that. You know, something that Congress has not banned. That’s going to be a job that’s reserved for Congress,” Cargill said in an interview with Fox News Digital. 

“And I don’t think, you know, that the Supreme Court intended for an agency to actually do something to this extent.”

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Cargill said he opened his business because he wanted to teach people how to properly handle and shoot guns.

“I wanted them to know what the laws were. I wanted them to follow the law. And, so, that’s why I focus my business model on training and classes. Because we want to make sure that we’re doing everything right,” Cargill said. 

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When the ATF rule was changed, Cargill realized that it caused a problem for him and his customers because it made illegal what had previously been legal by reinterpreting the machine gun ban to cover “bump stocks.”

A “bump stock” is displayed March 15, 2019, in Harrisonburg, Va. (AP Photo/Steve Helber, File)

“It posed a problem, and we wanted to fix that problem,” Cargill said. 

Cargill said many of his customers who purchased “bump stocks” were military veterans with disabilities. 

“Just recently, I had the opportunity to teach a young man how to shoot again who has no arms and hands. And, so, I taught him how to shoot with his feet. So, we have people that come to us for, you know, different disabilities, and we try to find a way to help them,” Cargill explained.  

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Three appeals courts agreed with the ATF’s pre-2018 position that non-mechanical “bump stocks” are not “machine gun[s],” while two other appeals courts agreed with ATF’s present-day interpretation.

The New Civil Liberties Alliance (NCLA) is arguing the case on behalf of Cargill.

Mark Chenoweth, NCLA president and general counsel, said, “This is not a case about gun rights. It is a case about administrative power.”

“Congress never gave ATF the power to rewrite federal criminal statutes pertaining to machine guns, nor could it. Writing federal criminal laws is the sole preserve of Congress, and the Trump and Biden administrations committed grievous constitutional error by trying to ban ‘bump stocks’ without involving Congress. We are confident the U.S. Supreme Court will right this wrong for Michael Cargill and all Americans.”

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The Supreme Court will hear arguments at 10 a.m. Wednesday. 



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Most applicants for Texas school choice vouchers already attend private schools, state data shows

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Most applicants for Texas school choice vouchers already attend private schools, state data shows


The deadline for Texas families to apply for Texas Education Freedom Accounts (TEFA), also known as school vouchers, is on March 17.

TEFA is the $1 billion program that provides families with taxpayer money to help pay for private school. A longtime priority of Gov. Greg Abbott, Texas Republicans were able to pass it through the Legislature in a special session in 2025 after years of opposition from a coalition of Democrats and some Republicans worried about it negatively impacting public schools.

In the period from when applications opened on Feb. 4 through March 8, more than 160,000 Texas families have applied for the vouchers. Acting Texas Comptroller Kelly Hancock expects the program to reach capacity in its first year.  

Texas school voucher application data by income

According to data from the Comptroller’s Office, 79% of the applicants for TEFA are already in private school. Lawmakers who advocated for the program said it was designed to give public school and homeschooled students an opportunity to switch to a private education.

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After applications close, the Comptroller’s Office will allocate funding to eligible families through a lottery that prioritizes students with disabilities first. Eleven percent of all applicants, about 18,000, are students with disabilities from families at or below 500% of the Federal Poverty Level.

Next on the priority list is students from low- and middle-income families. Just 35% of applicants are from households that earn 200% or less of the Federal Poverty Level:

  • 200% or less of the Federal Poverty Level ($66,000 or less for a family of 4): 35%
  • Between 200% and 500% of the Federal Poverty Level ($66,001-$164,999 for a family of 4): 36%
  • 500% or more of the Federal Poverty Level: ($165,000 or more for a family of 4): 29%

The Comptroller’s Office will report the waitlist to the Texas Legislature to determine funding for future years.

Texas school voucher application data by grade

The highest share of applications are for students who will be entering pre-K in the fall. Nearly 21,000 applications, about 12.8%, are in that cohort. The number of applicants per grade level declines as the students get older:

  • Pre-K: 20,975
  • Kindergarten: 15,777
  • First grade: 13,654
  • Second grade: 13,035
  • Third grade: 12,922
  • Fourth grade: 12,449
  • Fifth grade: 12,273
  • Sixth grade: 12,262
  • Seventh grade: 10,953
  • Eighth grade: 9,600
  • Ninth grade: 9,464
  • Tenth grade: 7.921
  • Eleventh grade: 6,731
  • Twelfth grade: 5,347

Texas school voucher applications by school district

The Comptroller’s Office also released a list that broke down the number of applications submitted in each school district across the state.

How much money public school districts will miss out on will depend on how many enrolled or prospective students they lose to private school because of TEFA, since state funds follow the student. But since 79% of applicants are already in private school, the extent of the impact on public school funding may be limited. 

Here are the North Texas school districts with the most TEFA applications from within their boundaries:

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  • Dallas ISD: 5,267
  • Fort Worth ISD: 3,151
  • Plano ISD: 2,875
  • Richardson ISD: 1,803
  • Frisco ISD: 1,793
  • Arlington ISD: 1,746
  • Northwest ISD: 1,661
  • Garland ISD: 1,622
  • Lewisville ISD: 1,614
  • Keller ISD: 1,541



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Texas woman and dog killed in Arlington collision on Cooper Street

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Texas woman and dog killed in Arlington collision on Cooper Street


Arlington police are continuing to investigate a fatal crash that killed a 43-year-old woman on Friday afternoon, saying speed was a factor and that investigators are working to determine whether street racing was involved.

Surveillance video shows speeding before crash

What we know:

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Tanya Cypert was less than a mile from her Arlington home when the collision occurred at the intersection of Cooper Street and Eden Road, authorities said. Cypert had been on her way to get something to eat before her shift at Great Wolf Lodge in Grapevine.

Police said surveillance video from a nearby business shows two vehicles speeding northbound on Cooper Street moments before the crash. 

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The footage shows a black sedan moving in and out of frame, followed by a second black sedan, identified by police as a 2025 Mercedes, weaving between other vehicles.

Another camera angle shows Cypert’s white Hyundai Tucson slowing to make a left turn onto Eden Road as the first black sedan passes through the intersection. Seconds later, the Mercedes enters the intersection and collides with Cypert’s vehicle. 

The impact produced a cloud of smoke and caused an engine to detach and land on the road.

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Arlington police investigate potential street racing

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The 18-year-old driver of the Mercedes was injured and remains hospitalized with broken bones, police said. Investigators have not yet interviewed him.

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Cypert was transported to a hospital, where she later died. Her French bulldog, which was in the vehicle with her, was also killed.

Victim’s family on the tragedy

What they’re saying:

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Cypert’s sons, Chancellor and Ethan, said they returned to the crash site Monday to honor their mother’s memory.

“It was a regular day for her, and now it’s going to be memorialized as the worst day of our lives,” said Chancellor Cypert.

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Chancellor said the family is seeking justice but not revenge.

“As much as we want justice and stuff, it’s not about seeking revenge. It’s about trying to honor her memory and how many people she loved,” he said. “She loved everybody.”

Ethan said the damage to the front of the vehicle was “crazy and mind-blowing,” adding, “There is no need for that amount of speed at all.”

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A family friend, Karen Arce, described Cypert as selfless and supportive.

“The sun just shines a little less bright every day,” Arce said.

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The family also said an off-duty Midlothian police officer witnessed the crash and was the first to exit his vehicle to try to help. They expressed gratitude for his efforts.

Charges pending in fatal Arlington collision

What’s next:

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No arrests have been made, and no charges have been filed. Police said they are continuing to interview multiple witnesses and review surveillance video as the investigation remains active.

The Source: Information in this article was provided by FOX 4’s Peyton Yager.

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Texas Officials Unveil Amended Hemp Rules With Strict ‘Total THC’ Limits But Lower Licensing Fee Than Previously Floated – Marijuana Moment

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Texas Officials Unveil Amended Hemp Rules With Strict ‘Total THC’ Limits But Lower Licensing Fee Than Previously Floated – Marijuana Moment


Texas officials have adopted a series of new rules for the state’s hemp market—with certain revisions that advocates and stakeholders call a “direct victory,” including changes to make participation in the industry more affordable, and other regulations that threaten to severely restrict product availability.

The Department of State Health Services (DSHS) unveiled the amended hemp rules on Friday, about two months after publishing proposed regulations with licensing fees and other changes that led organizations such as the Texas Cannabis Policy Center (TCPC) to sound the alarm.

In response, the department received more than 1,400 comments urging revisions.

“Revised rules have slashed manufacturer fees from $25,000 to $10,000 and retailer fees from $20,000 to $5,000. This is a direct victory for advocacy,” Heather Fazio, director of TCPC, said in an email to supporters on Monday. “However, significant challenges remain.”

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Specifically, the agency decided to maintain language requiring hemp products to be tested for “total THC” content, including THCA, which means most cannabis flower would be considered non-compliant with limitations imposed under state law.

“We estimate this will hand 50 percent of the legal market to illicit operators, making our state less safe,” Fazio said.

TCPC and other groups such as the Texas Hemp Business Council (THBC) have also pointed out that there would be additional requirements imposed on hemp businesses with respect to product testing, labeling and record-keeping.

Separately, under a proposed rule from the Texas Alcoholic Beverage Commission (TABC) there would also be a “less consequential, but important” update to the hemp program, Fazio said, with the agency seeking to prohibit the on-site consumption of hemp at businesses where alcohol isn’t allowed. There would be no “sampling” exceptions in place, either.

(Disclosure: Fazio supports Marijuana Moment’s work with a monthly Patreon pledge.)

TCPC did share a piece of positive news for advocates, noting “steady progress” in expanding the state’s medical cannabis program under a law enacted last year. While adult-use legalization has continued to stall in the conservative legislature, the medical marijuana program is significantly expanding, with nine new licenses already approved and three more expected before April 1.

Meanwhile, last week, Texas voters approved a marijuana legalization question that appeared on the state’s Democratic primary ballot.

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As part of the primary election on Tuesday, each major party was able to place several non-binding propositions on the ballot that allow voters show how they feel on key issues. The Texas Democratic Party used one of its propositions to find out where the electorate stands on legalizing cannabis and whether past convictions should be expunged.

For what it’s worth, a statewide poll released last month found that Texas voters don’t like how state leaders and lawmakers have handled marijuana and THC policy issues. In the survey, a plurality of voters (40 percent) said they disapprove of how their elected officials have approached the issue, according to the survey. Just 29 percent said they approve of how cannabis issues have been handled, while 31 percent said they didn’t have an opinion one way or another.

A separate poll released last year found that a plurality of Texas voters want the state’s marijuana laws to be made “less strict.” And among the legislative items lawmakers considered during recent special sessions, voters say a proposal to address hemp regulations was among the least important.


Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

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For its part, the state Department of Public Safety in October adopted additional rules to increase the number of licensed dispensaries, establishing security requirements for “satellite” locations and authorizing the revocation of licenses for certain violations.

DSHS also recently finalized rules allowing doctors to recommend new qualifying conditions for cannabis patients and creating standards for allowable low-THC inhalation devices.

Meanwhile, bipartisan Texas lawmakers say the stage is set to advance legislation next session establishing regulations for hemp THC products, with growing understanding among their colleagues that prohibition fails to effectively address concerns about the cannabis market.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

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