I expect this will move to the supreme court, but here's excerpts from the Associated Press article, located here: https://apnews.com/article/politics...e-government-b5990ed60ebb617055cc8d5c36a84050
my emphasis and response in bold red
NEW ORLEANS (AP) —
It’s a firearm issue that involves not the Second Amendment but the interpretation of federal statutes. Opponents of the ban argued that bump stocks do not fall under the definition of illegal machine guns in federal law. The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives says they do, a position now being defended by the Biden administration.
The ban had survived challenges at the Cincinnati-based 6th U.S. Circuit Court of Appeals; the Denver-based 10th Circuit; and the federal circuit court in Washington. A panel of three judges at the 5th Circuit also issued a ruling in favor of the ban, upholding a lower court decision by a Texas federal judge. But the full New Orleans-based court, currently with 16 active members, voted to reconsider the case. Arguments were heard Sept. 13.
the full appeals court Friday sided with opponents of the ATF rule. They argued that the trigger itself functions multiple times when a bump stock is used, so therefore bump stock weapons do not qualify as machine guns under federal law. They point to language in the law that defines a machine gun as one that fires multiple times with a “single function of the trigger.”
“The trigger is going to function multiple times,” Richard Samp, arguing for a Texas gun owner, told the 5th Circuit judges at the Sept. 13 hearing.
U.S. Department of Justice lawyer Mark Stern said the key is the action of the shooter.
“You only have to do one thing,” Stern told the judges. “Your trigger finger isn’t doing anything other than sitting still.” End of excerpt.
My comment about the last line above.
(Mark Stern should be disbarred for perjury).
my emphasis and response in bold red
NEW ORLEANS (AP) —
It’s a firearm issue that involves not the Second Amendment but the interpretation of federal statutes. Opponents of the ban argued that bump stocks do not fall under the definition of illegal machine guns in federal law. The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives says they do, a position now being defended by the Biden administration.
The ban had survived challenges at the Cincinnati-based 6th U.S. Circuit Court of Appeals; the Denver-based 10th Circuit; and the federal circuit court in Washington. A panel of three judges at the 5th Circuit also issued a ruling in favor of the ban, upholding a lower court decision by a Texas federal judge. But the full New Orleans-based court, currently with 16 active members, voted to reconsider the case. Arguments were heard Sept. 13.
the full appeals court Friday sided with opponents of the ATF rule. They argued that the trigger itself functions multiple times when a bump stock is used, so therefore bump stock weapons do not qualify as machine guns under federal law. They point to language in the law that defines a machine gun as one that fires multiple times with a “single function of the trigger.”
“The trigger is going to function multiple times,” Richard Samp, arguing for a Texas gun owner, told the 5th Circuit judges at the Sept. 13 hearing.
U.S. Department of Justice lawyer Mark Stern said the key is the action of the shooter.
“You only have to do one thing,” Stern told the judges. “Your trigger finger isn’t doing anything other than sitting still.” End of excerpt.
My comment about the last line above.
(Mark Stern should be disbarred for perjury).