HomeUSAATF Bump Stock Ban Upheld by Fifth Circuit Court of Appeals

ATF Bump Stock Ban Upheld by Fifth Circuit Court of Appeals

The Fifth Circuit Court of Appeals has ruled in favor of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in a case regarding the agency’s ban on bump stocks.

For those unfamiliar, bump stocks are devices that can be attached to a firearm to increase its rate of fire. They gained national attention in 2017 after being used in the Las Vegas shooting, which resulted in 58 deaths and hundreds of injuries. In the wake of this tragedy, the ATF announced a ban on the possession, manufacture, and transfer of bump stocks.

This decision was met with backlash from gun rights advocates, who argued that the ban was an overreach of the ATF’s authority. The case eventually made its way to the Fifth Circuit, where a three-judge panel heard arguments from both sides.

In a 2-1 decision, the court upheld the bump stock ban, stating that the ATF has the authority to regulate devices that increase a firearm’s rate of fire. The majority opinion, written by Judge James L. Dennis, stated that bump stocks “fall within the definition of ‘machinegun’ because they allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger.”

This ruling is a major victory for gun control advocates, who have long argued that bump stocks and other devices like them pose a serious risk to public safety. It also sets a precedent for future cases involving the regulation of firearms and related accessories.

Read Also: Appeals court strikes down against Trump-era ‘bump stock’ ban

However, it’s important to note that this case is far from over. The plaintiffs in the case have already announced their intention to appeal the decision to the full Fifth Circuit, and it’s possible that the case could eventually make its way to the Supreme Court.

In the meantime, the bump stock ban remains in effect, and those in possession of these devices are encouraged to dispose of them or turn them in to the ATF. It’s a decision that may not sit well with some gun owners, but ultimately, it’s one that prioritizes the safety of the general public.


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