The ban was instituted after a gunman perched in a high-rise hotel using bump stock-equipped weapons massacred dozens of people in 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.
“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,” Judge Jennifer Walker Elrod wrote in the lead majority opinion.
The full appeals court Friday sided with opponents of the ATF rule. They had argued that the trigger itself functions multiple times when a bump stock is used, so therefore bump stock weapons do not qualify as machine guns under federal law. They point to language in the law that defines a machine gun as one that fires multiple times with a “single function of the trigger.”
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