The court of appeals affirmed a Texas-based federal judge’s ruling in a lawsuit against the ban in a decision Tuesday.

A sniper in Las Vegas used a bump stock, a device someone can attach to semiautomatic firearms so they can fire multiple rounds with a single trigger pull, to massacre 60 concertgoers and injure hundreds more in the deadliest mass shooting in modern U.S. history, according to CBS News.

The ban on bump stocks was implemented by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives under the Trump administration in a rule that classified the devices as “machine guns,” which are prohibited under the National Firearms Act.

Bump stocks rely on the recoil energy of a semiautomatic firearm so a trigger “resets and continues firing without additional physical manipulation of the trigger by the shooter,” according to the ATF. The National Firearms Act considers weapons that fire continuously with “a single function of the trigger” illegal, court records show.

Under the ban, anyone who possesses a bump stock can be charged with a federal offense with a punishment of up to 10 years in prison, The Associated Press reported.

There was another challenge against the ban recently where judges in the 6th Circuit Court of Appeals in Cincinnati split 8-8 on the issue. A challenge is also on appeal to the U.S. Supreme Court, coming from a failed attempt to overturn the ban at the 10th Circuit Court of Appeals in Denver. The Supreme Court could decide whether to hear arguments on the ban next year.

Opponents of the ATF rule say the trigger functions multiple times when a bump stock is used. Judge Stephen Higginson, writing for the three 5th Circuit judges that ruled on Tuesday, disagreed and quoted a lower court ruling from the 10th Circuit case.

“As one district court has observed, there is no reason why ‘Congress would have zeroed in on the mechanistic movement of the trigger in seeking to regulate automatic weapons,’ given that the ‘ill sought to be captured by this definition was the ability to drastically increase a weapon’s rate of fire, not the precise mechanism by which that capability is achieved,’” Higginson wrote in an opinion joined by judges James Dennis and Gregg Costa.

The Associated Press contributed to this report.