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In It to Win It

(8,312 posts)
Fri Jan 6, 2023, 08:52 PM Jan 2023

[5th Circuit] blocks ban on rapid-fire 'bump stocks'

https://www.yahoo.com/news/us-appeals-court-blocks-ban-230719481.html

NEW ORLEANS (AP) — A Trump administration ban on bump stocks — devices that enable a shooter to rapidly fire multiple rounds from semi-automatic weapons after an initial trigger pull — was struck down Friday by a federal appeals court in New Orleans.

The ban was instituted after a sniper using bump stock-equipped weapons massacred dozens of people in Las Vegas in 2017. 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’s a firearm issue that involves not the Second Amendment but the interpretation of federal statutes. Opponents of the ban argued that bump stocks do not fall under the definition of illegal machine guns in federal law. The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives says they do, a position now being defended by the Biden administration.

The ban had survived challenges at the Cincinnati-based 6th U.S. Circuit Court of Appeals; the Denver-based 10th Circuit; and the federal circuit court in Washington. A panel of three judges at the 5th Circuit also issued a ruling in favor of the ban, upholding a lower court decision by a Texas federal judge. But the full New Orleans-based court voted to reconsider the case. Arguments were heard Sept. 13.
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[5th Circuit] blocks ban on rapid-fire 'bump stocks' (Original Post) In It to Win It Jan 2023 OP
On the same day that a six year old shoots his teacher in Virginia Walleye Jan 2023 #1
I literally just read about that In It to Win It Jan 2023 #3
They are saying it wasn't an accident Walleye Jan 2023 #4
My advice to young people looking for a career choice Turbineguy Jan 2023 #2
You get a lot of cold shoulders on dates. TheBlackAdder Jan 2023 #5
Quick update- The ATF has failed to appeal this ruling to SCOTUS DetroitLegalBeagle Feb 2023 #6

DetroitLegalBeagle

(1,928 posts)
6. Quick update- The ATF has failed to appeal this ruling to SCOTUS
Tue Feb 28, 2023, 06:37 PM
Feb 2023

A friend texted me this today. Apparently the deadline for the Federal government to file an appeal was yesterday and they did not do so. So the ruling now stands and bumpstocks are legal in the 5th Circuit. There is now a Circuit Court split on the issue which makes it likely(but not guaranteed) that SCOTUS will hear a challenge to the ban. With the 5th Circuits ruling going unappealed, there is also a chance that other Circuits will default to the 5th's ruling since the government chose not to challenge it.

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