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.
Breitbart News possessed a copy of the DOJ’s summary of the ban at the time, and it stated:
The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to clarify that bump-stock-type devices-meaning “bump fire” stocks, slide-fire devices, and devices with certain similar characteristics-are “machineguns” as defined by the National Firearms Act of 1934 and the Gun Control Act of 1968 because such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger.
The summary says a bump stock allows the trigger of a semiautomatic firearm to reset between the firing of each round, but describes the bump stock-equipped “semiautomatic firearm” as “self-acting or self-regulating,” and therefore a “machinegun.”