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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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Texas sues Netflix, alleges platform spied on kids and collected data

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Texas sues Netflix, alleges platform spied on kids and collected data


The state of Texas announced a lawsuit against streaming giant Netflix on Monday, accusing the company of spying on children and other consumers by collecting their data without consent and designing the platform to be addictive.

Texas claims that Netflix has falsely represented to consumers that it didn’t collect or share user data while it actually tracked and sold viewers’ habits and preferences to commercial data brokers and advertising technology companies.

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The lawsuit, filed by Texas Attorney General Ken Paxton, claims that “Netflix’s endgame is simple and lucrative: get children and families glued to the screen, harvest their data while they are stuck there, and then monetize the data for a handsome profit.”

The state of Texas announced a lawsuit against streaming giant Netflix on Monday. (Nikos Pekiaridis/NurPhoto via Getty Images)

“When you watch Netflix, Netflix watched you,” Texas added in the lawsuit.

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The complaint quotes comments made by former CEO Reed Hastings who said in 2020, while he was still leading the streaming company, that “we don’t collect anything,” amid questions over Big Tech companies’ data collection practices.

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Netflix was also accused of quietly using “dark patterns” to keep users watching on its platform, such as an autoplay feature that starts a new show after a different show ends.

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Texas Attorney General Ken Paxton filed the lawsuit. (Cheney Orr/Reuters)

Paxton said in a press release that Netflix “has built a surveillance program designed to illegally collect and profit from Texans’ personal data without their consent, and my office will do everything in our power to stop it.”

The attorney general said he’s charging Netflix under the state’s Deceptive Trade Practices Act and seeks to require Netflix to stop the unlawful collection and disclosure of user data, require Netflix to disable autoplay by default on kid’s profiles, and to secure injunctive relief and civil penalties.

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FOX Business reached out to Netflix for comment.

Reuters contributed to this report.



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6 people found dead inside a boxcar in Texas, officials say | CNN

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6 people found dead inside a boxcar in Texas, officials say | CNN


Six people were found dead inside a cargo train boxcar in a Texas city along the southern border on Sunday, officials said.

The bodies were found in a Union Pacific train at a rail yard in Laredo, around 160 miles south of San Antonio, just after 3:30 p.m. local time, said Jose Espinoza, a public information officer with the Laredo Police Department.

The circumstances of their deaths are unknown, said Laredo police spokesperson Joe Baeza, according to CNN affiliate KGNS, and an investigation is underway.

Union Pacific operates across the border and is the only railroad that services all access points into Mexico, according to the freight company’s website.

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Temperatures on Sunday afternoon in Laredo were in the low-mid 90s, though it’s unclear whether heat was a factor.

Union Pacific said it was saddened by the incident and is working closely with law enforcement to investigate.

Laredo police said they received a call around 3 p.m. from an employee at the Union Pacific rail yard, KGNS reported. The bodies were discovered during a routine rail car inspection, police said. No survivors were found.

CNN has reached out to Laredo police for more information.

“It’s a very early phase of the investigation. There’s not a lot to reveal right now,” Baeza said, KGNS reported.

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The immigration status and ages of the deceased are not yet known, Espinoza said.

US Customs and Border Protection referred CNN to the Laredo Police Department, saying “The incident remains under investigation by Laredo Police Department and Homeland Security Investigation and Texas Rangers.”

CNN has reached out to the Department of Homeland Security, HSI and the Texas Department of Public Safety.

“It’s a very unfortunate event,” Espinoza told CNN. “It was too many lives that were lost.”

This story has been updated with additional information.

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Gov. Abbott activates state emergency resources ahead of severe storm threat

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Gov. Abbott activates state emergency resources ahead of severe storm threat


Gov. Greg Abbott on Sunday directed the Texas Division of Emergency Management to activate state emergency response resources as a massive storm system threatens much of the state with hurricane-force winds, giant hail, and the risk of tornadoes.

Severe weather in Texas

The severe weather, expected to last through Monday morning, covers a vast footprint including West, North, East, Central, and South-Central Texas. Forecasters warned the system could produce wind gusts exceeding 75 mph and hail larger than 2 inches in diameter.

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What they’re saying:

“Texas is prepared to confront the severe storms that pose a threat to communities all across our state,” Abbott said in a statement. He urged Texans to monitor local forecasts and warned motorists never to drive through flooded roadways, invoking the phrase, “Turn Around, Don’t Drown.”

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Heavy rainfall is expected to be widespread, with some areas potentially seeing isolated totals of 3 to 6 inches, which could lead to significant flash flooding. As the system progresses, the threat is expected to shift toward the South and Southeast Texas coasts.

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In preparation, the governor has deployed a wide array of state assets to assist local officials, including:

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  • Search and Rescue: Swiftwater and floodwater rescue boat squads and urban search and rescue teams from Texas A&M Task Forces 1, 2, and 3.
  • Aviation and Marine Support: Helicopters with hoist capabilities from the Department of Public Safety and Texas Parks and Wildlife, as well as Tactical Marine Units.
  • Infrastructure and Recovery: Texas Forest Service saw crews to clear debris from roads and Department of Transportation personnel to monitor highway conditions.
  • Medical and Utility Support: Emergency medical task forces with ambulances and all-terrain vehicles, along with monitors from the Public Utility Commission to coordinate power outage responses.

State agencies are also monitoring the state’s natural gas supply and water quality as the storms move through.

Officials encouraged residents to assemble emergency kits and check road conditions at DriveTexas.org before attempting to travel.

The Source: Information in this article is from the Governor Greg Abbott Press Office.

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