US appeals court blocks ban on rapid-fire 'bump stocks'

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A federal appeals court has ruled against a Trump administration ban on bump stocks, the devices that enable a shooter to rapidly fire multiple rounds from a semi-automatic weapon after the initial trigger pull.

FILE - A bump stock is displayed on March 15, 2019, in Harrisonburg, Va. 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, Jan. 6, 2023, by a federal appeals court in New Orleans.

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.

“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.

Richard Samp, who argued against the rule on behalf of a Texas gun owner, said he was pleased with Friday's ruling and had expected it after the September arguments.

 

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