Federal Appeals Court Rules Against Trump-Era Bump Stock Ban, Says Ban Is Likely Unconstitutional

Former President Donald Trump’s controversial ban on bump stocks was placed on hold last week by a federal appeals court that determined the ban is probably unconstitutional. . .

The group Gun Owners of America and others sued the government, arguing the bump stock ban violated the Fifth Amendment’s takings clause, the 14th Amendment’s right to due process, and the Administrative Procedure Act, according to Bloomberg Law.

The Sixth Circuit Court of Appeals ruled Thursday that a federal district court should have granted the plaintiffs’ request for a preliminary injunction against the ban because they could likely prove the ban is unlawful.

In fact, the court explained the question of bump stock lawfulness should be answered — but not by unaccountable executives.

Whether ownership of a bump-stock device should be criminally punished is a question for our society. Indeed, the Las Vegas shooting sparked an intense national debate on the benefits and risks of bump-stock ownership. And because criminal laws are rooted in the community, the people determine for themselves—through their legislators—what is right or wrong. The executive enforces those determinations. It is not the role of the executive— particularly the unelected administrative state—to dictate to the public what is right and what is wrong.

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