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View Full Version : Question on how Court Of Appeals work.... (Bumpfire stock ruling)



Big Tom
06-02-2022, 10:01 PM
Not seeking legal advice, but more insight into how rulings of a Court Of Appeals work....

The 6th Court Of Appeals ruled that the Bumpfire stock ban was in error and that the lower court was wrong with refusing to issue an injunction.

Is that ruling changing the validity of the ban in the States that belong to the 6th Court Of Appeals? Or will a change require the injunction of the lower court to be invalidate the ban?

Winger Ed.
06-02-2022, 10:07 PM
A court of appeals trumps a lower court's ruling. That's why we have them in the first place.
But their ruling only fully applies and is binding to their circuit.
All Appeals Court and the different state Supreme Courts have three options-
1. Overturn the lower court.
2. Uphold the lower court's ruling.
3. Not hear the case at all which returns it to the lower court to be upheld or considered to be retried.

However the lower and appeals courts rule:
Their ruling makes a real good argument for a case going before other appeals courts,
and/or to the US Supreme Court.
The US Supreme Court rulings do effect the entire nation and are pretty much the final say in the matter.

But if the Supreme Court shoots the case down-- the appeals court's ruling is dead and doesn't apply to anybody..

Big Tom
06-02-2022, 10:13 PM
Thanks a bunch for the quick response. As the 6th Court of Appeals covers my state (OH), it sounds as if Ohioans would be fine using a bumpfire stock. That would be stupid with current ammo shortage, I know... but at least I could, if I wanted to. With the Supreme Court so far refusing to deal with this topic, there seems to be a decent chance that, in my state at least, I'm good to go.


A court of appeals trumps a lower court's ruling.
But their ruling only fully applies and is binding to their circuit.

However;
Their ruling makes a real good argument for a case going before other appeals courts,
and to the US Supreme Court which does effect the entire nation.

If the Supreme Court shoots it down-- the appeals court's ruling is dead and doesn't apply to anybody..

Winger Ed.
06-02-2022, 10:20 PM
Cool.

But the way the system works---
that's how the 9th Circuit out in California has had to keep their all goofy-ness out there on the West Coast.