In Bump Stock Case, Tenth Circuit Dismisses Grant of Rehearing En Banc As Improvidently Granted

In May 2020, a divided three-judge panel on the 10th Circuit upheld President Trump’s executive action that prohibited possession of bump stocks. In September 2020, the 10th Circuit granted rehearing en banc in Aposhian v. Barr. The case was fully briefed, and was argued. Yesterday, the 10th Circuit changed course. By a vote of 6-5, the en banc court voted to vacate its prior order granting en banc review, and reinstate the original three-judge panel…

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