Fifth Circuit Court of Appeal’s invalidates ATF’s bump stock ruling.Jan 16, 2023
The Fifth Circuit Court of Appeals recently issued a ruling that invalidated the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule banning bump stocks, devices that can be attached to semi-automatic firearms to increase their firing rate.
The ruling came after a long legal battle over the legality of bump stocks, which gained national attention after they were used in the 2017 mass shooting in Las Vegas that killed 58 people and injured hundreds more. In the wake of the shooting, then-Attorney General Jeff Sessions announced that the ATF would be reinterpreting its previous guidance on bump stocks, which had determined that the devices were not subject to regulation under federal firearms laws.
The new interpretation declared that bump stocks were in fact "machineguns" as defined by the National Firearms Act and the Gun Control Act, and therefore illegal to possess, sell, or transfer. This rule was immediately challenged in court by several organizations and individuals, who argued that the ATF had exceeded its authority and that the rule violated their Second Amendment rights.
The Fifth Circuit agreed with these arguments and invalidated the rule, stating that the ATF exceeded its authority by reinterpreting the law and that the rule is not authorized by the National Firearms Act. The court also rejected the argument that the rule was necessary to prevent mass shootings, stating that the evidence presented by the government in support of the rule was insufficient.
This ruling is a significant victory for Second Amendment advocates and firearm owners, as it strikes down the ban on bump stocks and sets a precedent for the regulation of similar devices. However, it is worth noting that the ATF may still attempt to regulate bump stocks through other means, such as through legislation or executive action.
In conclusion, the Fifth Circuit Court of Appeals has recently invalidated the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule banning bump stocks, stating that the ATF exceeded its authority by reinterpreting the law and that the rule is not authorized by the National Firearms Act. This ruling is a significant victory for Second Amendment advocates and firearm owners, however, it is worth noting that the ATF may still attempt to regulate bump stocks through other means.
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