On Friday, January 6th a federal appeals court strikes down ban on bump stocks. In fact, the Fifth Circuit Court of Appeals ruled that the Trump-era bump stock ban is a violation of federal law. The Fifth Circuit has jurisdiction in some, if not all, of the district courts in Louisiana, Mississippi, and Texas.
The NRA tweeted: Fifth Circuit strikes bump stock ban, says Congress, not ATF, decides what conduct is criminal. But many will debate Congress doesn’t have that right either. You can follow the conversation here on Twitter.
🎉BREAKING NEWS: Fifth Circuit strikes bump stock ban, says Congress, not ATF, decides what conduct is criminal.
— NRA (@NRA) January 6, 2023
Bump Stock Ban Overturned
It was decided that bump stock is excluded from the technical definition of “machinegun”. This comes from the majority’s opinion. Three of the seventeen active judges on the circuit court disagreed with the majority’s ruling. In recent years, the high court has consistently denied cases challenging the ban.
Beginning of the Bump Stock Ban
Not to get political here, nearly impossible to do, but it was the Trump administration that allowed the ATF to ban bump stocks. It came after a 2017 mass killing occurred in Las Vegas where Trump then asked the ATF to rid of the braces. Here, you can read about the bump stock-equipped guns that were used in the shooting reopening America’s debate about gun laws.
Gun Owners of America (GOA):
A firearm equipped with a “bump stock” uses the recoil of the firearm, coupled with forward pressure exerted by the shooter, to force the trigger to function more quickly than it would normally. But the trigger is still required to function each time a round is discharged. Therefore, the gun cannot be said to function as a “machinegun.”
Bump Stocks vs Pistol Braces
Even though pistol braces may look similar to bump stocks, they are designed for a different purpose. The bump stocks allow for faster rates of gunfire. Where the pistol praces were designed to help stabilize the pistol itself. Some shooters may have a disability and need to hold their AR15 pistol one-handed. Therefore, stabilizing braces are merely an accessory. The ATF is trying to say that the “accessory” inclusion is to be classified as a pistol. You can read more about this topic in our article regarding the proposed pistol brace ban.
What Does This Mean For Pistol Braces?
Because the bump stocks ban was ruled a violation of federal law makes this a huge win for pistol braces. The ATF plans to finalize pistol brace rule in January, possibly before SHOT Show® 2023 which is scheduled to begin on Tuesday, January 17th.
Soooo, is that stabilizing “rule” still going to be submitted? Seems awfully redundant at this point. There were approximately 80 thousand bump stocks in circulation, there are between 20-40 million stabilizing braces, I’d lean towards the high end of that estimate.
Please feel free to share your thoughts regarding either ban in the comment section below. #savethebraces #endbracism