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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