A circuit court has ruled against a gun bump stock ban that could set up the Supreme Court for a major Second Amendment ruling.
The Fifth Circuit Court decision determined that the bump stock was not a firearm and could not be considered unlawful as a result.
The Fifth Circuit has handed down a major opinion in Cargill v. Garland, No. 20-51016, ruling 13-3 that the ATF ban on bump stocks is unlawful. The en banc decision found that a bump stock may be many things but it is not a machine gun... https://t.co/LARpQcWacG
— Jonathan Turley (@JonathanTurley) January 8, 2023
"On December 18, 2018, the ATF issued a rule that bump stock would now be considered unlawful as machine guns and gave bump stock owners 90 days to surrender the devices," Jonathan Turley wrote.
"After that deadline, possession would be treated as a federal crime," he added.
— FOX 13 Seattle (@fox13seattle) January 7, 2023
"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," the judges determined.
"The ban was instituted after a sniper using bump stock-equipped weapons massacred dozens of people in Las Vegas in 2017," Fox 13 reported.
"Gun rights advocates have challenged it in multiple courts. The 13-3 ruling at the 5th U.S. Circuit Court of appeals is the latest on the issue, which is likely to be decided at the Supreme Court," it added.
Appeals court strikes down ATF's bump stock ban
The 5th Circuit ruling has created a circuit split, meaning the case may head to the Supreme Court.https://t.co/Z2HTLvEBH0
— Jevaughn (@Jevaughn_Brown) January 7, 2023
Gun shop owner Michael Cargill filed the suit with the New Civil Liberties Alliance in a significant Second Amendment victory.
The win could lead to an appeal that would give the Supreme Court the final say on the bump stock issue. If so, the conservative majority in the court will be tested on whether it will side with the Second Amendment.
It's a major move for those supporting gun rights, even if the bump stock is not a gun itself. Instead, the ruling could help exclude other gun accessories from bans.
The case is also another win against the ATF's growing overreach into American Second Amendment rights that is celebrated by many.