"Today’s ruling usurps Congress’s power to define what conduct is subject to criminal sanction and creates grave ambiguity about the scope of federal criminal law," Judge Stephen A. Higginson wrote in his dissent.
January 09, 2023 at 05:49 PM
4 minute read
The U.S. Court of Appeals for the Fifth Circuit struck down the federal agency ban on bump stocks, claiming only Congress may ban the device used by a mass murderer in Las Vegas.
The en banc decision reverses a Fifth Circuit panel decision that favored the Bureau of Alcohol, Tobacco, Firearms and Explosives—and creates a split with the Sixth Circuit in Cincinnati, the Tenth Circuit in Denver and the D.C. Circuit in Washington, D.C.
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The Bureau of Alcohol, Tobacco, Firearms and Explosives ban on bump stocks was struck down within the U.S. 5th Circuit. Credit: ATF
