Bump stocks are available again
2023.01.08 02:24
Bump stocks are available again
Budrigannews.com – “Bump stocks,” which enable individuals to rapidly fire multiple rounds from semi-automatic guns, were outlawed by the Trump administration following the 2017 Las Vegas mass shooting, according to a ruling issued on Friday by an appeals court in the United States.
The New Orleans-based 5th U.S. Circuit Court of Appeals said in a 13-3 decision that the U.S. Congress should act, not the president, despite “tremendous” public pressure to impose a ban.
U.S. Circuit Judge Jennifer Walker Elrod stated that the law did not explicitly prohibit bump stocks, despite the fact that the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) had interpreted a law that prohibited machine guns as including bump stocks.
“Fair warning that possession of a non-mechanical bump stock is a crime,” said Elrod, writing for the majority, added that the law also did not provide “fair warning.”
Stephen Higginson, one of the judges who wrote in the dissent, said that the majority used reasoning “to legalize an instrument of mass murder.”
Challenges to the ban have been rejected by three more federal appeals courts. Despite the fact that the Supreme Court declined to hear appeals from two of the earlier decisions in October, Friday’s ruling raises the possibility that the court will ultimately decide the matter.
Mark Chenoweth, president of the New Civil Liberties Alliance, a conservative organization that fought the case, stated, “The resulting circuit split should bring this decision to the U.S. Supreme Court’s attention promptly and supply a suitable vehicle for deciding this issue once and for all.” The New Civil Liberties Alliance argued the case.
The Justice Department’s ATF, which made the rule, declined to comment.
Users can take advantage of the gun’s recoil to fire quickly thanks to a bump stock, which allows the stock, which rests against the shoulder, to slide back and forth.
Even though Democrats frequently advocate for gun restrictions, the Republican administration of former President Donald Trump enacted a ban on bump stocks through an ATF rule after a gunman used them to kill 58 people at a country music concert in Las Vegas in October 2017.
The ban, which went into effect in 2019, is also supported by the administration of Democratic President Joe Biden.
A three-judge panel of the 5th Circuit had upheld the ban in December 2021, ruling in favor of Texas gun owner Michael Cargill, who had opposed it.
That decision was reversed on Friday. Republican presidents appointed the majority of the judges, while Democratic presidents appointed the dissenting judges.
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