By: Major Burdock | 01-10-2023 | Opinion, Studio
Photo credit: Olexandr Taranukhin |

Bump Stock Ban Overturned by the Fifth Circuit Setting up a Supreme Court Battle

Cargill vs. Garland:

Guns rights activist Michael Cargill sued for an injunction in 2019 in the Western District of Texas. He lost at District Court and appealed to the Fifth Circuit. A unanimous panel ruled against him in December 2021. Cargill asked for an en banc rehearing, and it was granted.

The full Fifth Circuit ruled 13-3 that a bump stock can’t be regulated as an automatic weapon because it does not make a firearm fit the legal definition of such, and the BATFE has long agreed with that position. This is George W. Bush appointee Jennifer Walker Elrod writing for the majority.

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