On Thursday, a US Court of Appeals granted one gun enthusiast a temporary stay on the bump stock ban issued by President Donald Trump. Bump stocks were reclassified in late December, labeling the devices as “machine guns” and making them illegal under current law. Clark Aposhian filed a lawsuit claiming the move violated the Constitution.
Aposhian, according to a report by KSL, is the Utah Shooting Sports Council chairman. In his suit, he argues that the Department of Justice and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is violating the Constitution by banning bump stocks.
This is obviously about bump stocks, but I think it speaks to something much bigger,” Aposhian said when discussing the lawsuit. “This is about government overreach. This is about administration overreach.”
While US District Judge Jill Parish previously denied Aposhian’s request for a preliminary injunction, asserting that Aposhian isn’t likely to win his case based on the suit’s merits, the US Court of Appeals did issue him a temporary stay.
Court documents state that the stay, issued on Thursday, is “for the purpose of giving the court adequate time to properly consider the motion.”
Aposhian is still seeking an injunction. However, during the temporary stay, he will be the only person in the country who will be legally allowed to own a bump stock, as it does not apply universally.
“The court’s decision to stay the bump stock rule is an important recognition of the high stakes in this case,” said the New Civil Liberties Alliance – which filed the motion on Aposhian’s behalf – in a statement on Thursday.
“While the order is limited, the court recognizes that Mr. Aposhian has raised a substantial basis to question the rule’s validity.”
Bump stocks initially came under scrutiny after they were used during the massacre in Las Vegas in 2017. 58 people were killed during the shooting.
Everyone else in the nation is still directed, under the new rule, to destroy or surrender any bump stocks in their possession to the ATF before March 26, when the law takes effect.