Court rejects bump stock ban; could set up Supreme Court showdown

 January 10, 2023

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 ban

"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.

"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 background

"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.

Gun shop owner Michael Cargill filed the suit with the New Civil Liberties Alliance in a significant Second Amendment victory.

The end game

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.


" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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