United States The Fifth Circuit Court of Appeals on Tuesday heard arguments again in a case filed by gUN rights activist Micheal Cargillo to challenge the Trump-era bump stock ban. Cargill filed a motion for a new bench hearing in January, aarguing that the challenged rule incorrectly classifies a stock of moguls as machine guns.
After a 2017 mass shooting in Las Vegas, the Trump administration enacted a rule expanding the definition of machine gun in the Gun Control Act (GCA) and National Firearms Act (NFA) to include protective stocks. Cargill believes the rule exceeds the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) definition of a machine gun. The United States District Court for the Western District of Texas and the The United States Court of Appeals for the Fifth Circuit upheld the ban.
In court on Tuesday, Cargill’s attorney argued that the bump stocks are not a machine gun because, to fire continuous shots, you have to “pull the trigger and push the barrel forward to fire quickly.” while “a machine gun is a weapon that can fire more than one shot automatically by a single trigger pull.
Other federal courts upheld the ban and the U.S. Supreme Court denied petitions to reconsider the case twice.