Federal Appeals Court Rules Against ATF, Strikes Down Bump Stock Ban
A federal appeals court It was ruled on Friday against a ban on bump stocks In place during the Trump Administration after the 2017 Las Vegas shooting.
The 5th Circuit Court Of Appeals In New Orleans struck down The ban on Friday In a 13-3 vote, the U.S. Bureau Of Alcohol, Tobacco, Firearms, Explosives (ATF) had exceeded its authority in the ban.
The ATF had banned bump stocks in 2018 at the request of then -President Donald Trump, reinterpreting terms “single function of the trigger” “automatically” Bump stocks are to be made illegal under federal law. The ATF’s new definitions effectively moved guns with bump stocks into the illegal machine gun category.
A bump stock can be used to simulate an automatic weapon with a semiautomatic rifle.
“A plain reading of the statutory language, paired with close consideration of the mechanics of a semi-automatic firearm, reveals that a bump stock is excluded from the technical definition of ‘machinegun’ set forth in the Gun Control Act and National Firearms Act,” Judge Jennifer Walker Elrod In the lead opinion
Rich SampAn attorney representing the man who sued government after he was forced from his bump stocks was able to say that the case wasn’t about gun control but who has the authority for gun laws.
I won 13 to 3. Cargill v Garland – Fifth Circuit Court Of Appeals #2A #Bumpstock #ATF #DOJ #BreakingNews
— Michael Cargill (@michaeldcargill) January 6, 2023
“This case is not about gun control. It is instead about who has the constitutional prerogative to change the criminal law if changes are warranted,” Samp stated. “The current statute, adopted in 1986, defines ‘machinegun’ in a manner that does not encompass non-mechanical bump stocks. It is unlawful for a prosecutorial entity like ATF to rewrite existing law without authorization from Congress. Any change in gun-control laws must emanate from Congress.”
The 5th Circuit’s decision could mean a potential Supreme Court Showdown for the future regulation, which has not yet been struck down by other circuit court judges.
The Gun Owners Of America, a group that also sued to repeal the ban. praised The court ruled that the fight against bump stocks was vital to defend the rights of the plaintiffs. Second Amendment.
“The fight on bump stocks is CRITICAL to defending all semiautomatic weapons from an arbitrary ban AND against the Biden ATF’s latest attacks on gun owners AND will help defend Forced Reset Triggers,” The group stated that Twitter.
According To the Associated Press, a lower court will now Make the next decision about where the case should go.
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