The U.S. Court of Appeals for the Fifth Circuit handed down a 13-3 decision Friday striking down the regulatory gun control that banned bump stocks under former President Donald Trump.
Reuters reported that the court intimated that actions on guns should be taken by Congress rather than the executive branch.
Circuit Judge Jennifer Walker Elrod wrote the majority opinion for the Fifth Circuit and also opined that the framers of the bump stock ban did not provide “fair warning that possession of a non-mechanical bump stock is a crime.”
On December 18, 2018, Breitbart News reported that the ATF finalized the language of its bump stock ban and gave people 90 days to hand the firearm accessories over.
WGRZ noted that the Fifth Circuit, on January 6, 2022, pointed out that the presence of a bump stock does not make a firearm meet the definition of a machine gun as the trigger continues to be pulled and reset even with a bump stock affixed to a semiautomatic firearm.
Judge Elrod noted, “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.”
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