Federal Court Makes Constitutional Ruling – It Just Struck Down 2nd Amendment Ban on Bump Stocks
By Adam Casalino|January 10, 2023
Federal Court Makes Constitutional Ruling – It Just Struck Down 2nd Amendment Ban on Bump Stocks

What’s Happening:

In the age of Joe Biden, most Americans would agree that our liberties are at risk. Biden has made no bones about issuing orders that trample nearly every constitutional right we have. And he has made it his top priority to issue rules–even sign legislation–that would ensure every American lost their Second Amendment rights.

It’s up to the federal courts to prevent Biden and the D.C. swamp from sweeping away this critical right. Recently, an American brought to the courts a challenge to a Trump-era rule, one that Biden could easily use to undermine our rights further. The battle was intense but, in a 13-3 ruling, this restriction was knocked down.

From Ammoland:

The 5th U.S. Circuit Court of Appeals in New Orleans striking down a Trump administration rule banning “bump stocks” in a 13-3 decision could have national implications…

The majority opinion was written by Judge Jennifer Walker Elrod… “Appellant Michael Cargill surrendered several bump stocks to the Government following publication of the regulation at issue. He now challenges the legality of that regulation, arguing that a bump stock does not fall within the definition of ‘machinegun’ as set forth in federal law, and thus that ATF lacked the authority to issue a regulation purporting to define the term as such.”

This is a big win for Second Amendment supporters. A federal court in New Orleans struck down a rule that banned nonmechanical bump stocks. The court ruled that this restriction, enforced by the ATF, is a violation of federal law.

The rule was put into place to prevent the average citizen from making their own “machinegun.” But Michael Cargill, who brought the case, explained that bump stocks do not change a semi-automatic gun into a fully auto “machinegun.”

It seems the court carefully examined the arguments and then took a good hard look at how actual guns operated. This is a far cry from gun control advocates, who appear to know nothing about firearms. Even Democrats writing gun control legislation have a pathetic lack of understanding of how guns work.

Cargill successfully argued that nonmechanical bump stocks cannot be banned under existing federal law. This decision appears to reverse an unpopular rule and restores the use of bump stocks. At the time of the ban, many people pointed out that bump stocks were helpful for disabled Americans.

Bump stocks enabled them to operate firearms, when previously they could not. Banning them put a segment of our population at risk, being denied the ability to defend themselves. Thankfully, it looks like this restriction is over.

Key Takeaways:

  • A federal court struck down an ATF rule banning the use of bump stocks.
  • The court voted 13-3 that the rule violated federal law.
  • The decision affects nonmechanical bump stocks, which do not make a rifle a “machinegun.”

Source: Ammoland

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Adam Casalino
Adam Casalino is a freelance writer, cartoonist, and graphic designer. He is a regular contributor for the Patriot Journal. Find his other work: www.talesofmaora.com
Adam Casalino is a freelance writer, cartoonist, and graphic designer. He is a regular contributor for the Patriot Journal. Find his other work: www.talesofmaora.com

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