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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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GOP Rep. Tony Gonzales of Texas ends reelection bid after admitting to affair with aide

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GOP Rep. Tony Gonzales of Texas ends reelection bid after admitting to affair with aide


FILE – Rep. Tony Gonzales, R-Texas, speaks during a news conference Dec. 7, 2022, on Capitol Hill in Washington.

Mariam Zuhaib/AP


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Mariam Zuhaib/AP

WASHINGTON — Republican Rep. Tony Gonzales of Texas said late Thursday he was withdrawing from his reelection race, after having admitted an affair with a former staff member who later died by suicide, but he vowed to finish out his term in Congress.

He had faced calls from GOP leadership to end his reelection bid, and from others in Congress to resign.

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“After deep reflection and with the support of my loving family, I have decided not to seek re-election,” Gonzales said in a statement posted late Thursday to X.

The move is the latest in a quickly changing situation that stunned Capitol Hill and resulted in a House Ethics Committee investigation into his conduct. Gonzales’ decision to bow out of the race appears to clear the field. On Tuesday, he had been forced into a May runoff against Brandon Herrera, a gun manufacturer and YouTube gun-rights influencer who narrowly lost to him in the 2024 primary.

House Speaker Mike Johnson and the GOP leadership earlier Thursday had called on Gonzales to withdraw from reelection after Gonzales, a day earlier, acknowledged a relationship that has upturned the political world in his home state and in Washington.

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“We have encouraged him to address these very serious allegations directly with his constituents and his colleagues,” said Johnson, Majority Leader Steve Scalise, Whip Tom Emmer, and GOP Conference Chairwoman Lisa McClain in a statement.

“In the meantime, Leadership has asked Congressman Gonzales to withdraw from his race for reelection.”

Johnson, R-La., has been under enormous pressure from his own GOP lawmakers to take action, and several Republicans have already called for Gonzales to step aside. Rep. Anna Paulina Luna, R-Fla., has introduced two resolutions to punish Gonzales. The first seeks to remove him from his assignments on the House Appropriations and Homeland Security committees, while the second seeks to censure him.

House Democratic Leader Hakeem Jeffries of New York, meanwhile, said he would support expelling Gonzales from the House, a rare step that requires a two-thirds vote from the chamber.

GOP leaders notably did not call for Gonzales to resign from office as they struggle to maintain their slim majority in the House, which they hold by only a handful of seats.

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Their move came after Gonzales, appearing on the “Joe Pags Show,” was asked whether he had a relationship with the aide, Regina Ann Santos-Aviles.

Santos-Aviles, 35, died after setting herself on fire in the backyard of her home in Uvalde, Texas. The Bexar County Medical Examiner’s Office later ruled her death a suicide.

“I made a mistake and I had a lapse in judgment, and there was a lack of faith, and I take full responsibility for those actions,” Gonzales said.

The congressman, now in his third term, had said he would not step down in response to the allegations, telling reporters recently that there will be opportunities for all the details and facts to come out.

Gonzales, a father of six, first won his seat in 2020 after retiring from a 20-year career in the Navy that included time in Iraq and Afghanistan.

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In the interview broadcast Wednesday, Gonzales said he had not spoken to Santos-Aviles since June 2024. She died in September 2025.

“I had absolutely nothing to do with her tragic passing, and in fact, I was shocked just as much as everyone else,” Gonzales said.

Gonzales went on to say he had reconciled with his wife, Angel, and has asked God to forgive him. He also said he looked forward to the Ethics Committee investigation.

Johnson and GOP leadership urged that committee to “act expeditiously.”

Under House ethics rules, lawmakers may not engage in a sexual relationship with any employee of the House under their supervision.

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Andrew McCutchen, 39, and the Texas Rangers agree to a minor league contract, AP source says

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Andrew McCutchen, 39, and the Texas Rangers agree to a minor league contract, AP source says


The Texas Rangers and veteran outfielder Andrew McCutchen agreed to a minor league contract on Thursday, a person with knowledge of the deal told The Associated Press.

The person confirmed the agreement to the AP on condition of anonymity because the contract had not been finalized and a physical exam still needed to be completed. The 39-year-old McCutchen would make $1.5 million this season while playing in the major leagues if he’s added to the 40-man roster, the person said.

McCutchen has three weeks of spring training to show the Rangers he’s worth a spot. They’re well-positioned in the outfield with rising standouts Wyatt Langford in left field and Evan Carter in center field and veteran newcomer Brandon Nimmo in right field.

Still, Carter was limited by injuries to 63 games in 2025, so depth is a concern that McCutchen could help alleviate. His right-handed bat could also serve as a natural complement at the designated hitter spot, where left-handed hitter Joc Pederson is slated for the bulk of the playing time.

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McCutchen played the last three seasons for the Pittsburgh Pirates, the club that drafted him in the first round in 2005 and promoted him in 2009 for his major league debut. McCutchen played his first nine years in MLB with the Pirates, making five straight All-Star teams and winning the 2013 National League MVP award while becoming one of the most popular players in that franchise’s history.

McCutchen bounced around with four other teams between 2018 and 2022, before reuniting with the Pirates. He played in 135 games last season, with 13 home runs, 57 RBIs and a .700 OPS. When the Pirates reported to spring training last month, general manager Ben Cherington publicly kept the door open to bringing back McCutchen, but the signing of veteran Marcell Ozuna effectively eliminated a spot on their roster for him.

“No matter what, Andrew’s a Pirate and certainly our desire will be to continue to have a really strong relationship with him into the future, whatever that looks like,” Cherington said then.

AP Baseball Writer Ronald Blum contributed to this report.

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More severe weather possible in North Texas on Friday

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More severe weather possible in North Texas on Friday


Severe storms are moving across North Texas Wednesday night with strong winds and hail in parts of Kaufman and Wise counties. A brief break arrives on Thursday before a higher threat for large hail, damaging winds, and isolated tornadoes returns Friday.



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