Are Bump Stocks Legal in California?
In the wake of the Las Vegas shooting in 2017, the debate surrounding bump stocks, a type of accessory that allows semi-automatic firearms to fire at a faster rate, has intensified. As a result, many states, including California, have reevaluated their laws regarding bump stocks. In this article, we will delve into the legality of bump stocks in California and provide an overview of the current regulations.
Are Bump Stocks Legal in California?
No, bump stocks are not legal in California. In 2017, the California Attorney General’s Office issued a statement declaring that bump stocks are illegal in the state. This decision was based on a 2016 California Supreme Court ruling that defined a "machinegun" as any firearm that can fire more than one shot with a single trigger pull.
What is a Bump Stock?
A bump stock is a type of accessory that attaches to a semi-automatic firearm and allows the user to fire the weapon at a faster rate by harnessing the recoil energy of each shot. The device uses the energy from each shot to "bump" the trigger, allowing the user to fire multiple shots in rapid succession.
California Laws Regarding Bump Stocks
California has a strict set of laws regulating firearms, including bump stocks. The state’s laws are designed to prevent the proliferation of firearms that can be used to inflict mass harm. Here are some key points to note:
- California Penal Code Section 30600: This section defines a "machinegun" as any firearm that can fire more than one shot with a single trigger pull. Bump stocks are illegal under this section.
- California Code of Regulations, Title 11, Section 5474: This regulation prohibits the manufacture, importation, sale, or possession of bump stocks.
- California Department of Justice (DOJ) Guidance: The California DOJ has issued guidance stating that bump stocks are illegal and cannot be possessed or used in the state.
Penalties for Possessing a Bump Stock in California
If you are found to be in possession of a bump stock in California, you can face serious penalties, including:
- Felony charges: Possessing a bump stock can lead to felony charges, which can result in up to 4 years in prison and a fine of up to $10,000.
- Criminal penalties: In addition to felony charges, you may also face criminal penalties, such as a fine of up to $1,000 and/or up to 1 year in county jail.
- Civil penalties: You may also be subject to civil penalties, including a fine of up to $10,000 and/or the confiscation of your firearm.
How to Comply with California Laws
If you are a legal gun owner in California, there are several steps you can take to comply with the state’s laws regarding bump stocks:
- Check your firearm: If you own a semi-automatic firearm, check to see if it is equipped with a bump stock. If it is, you should remove it immediately.
- Report any illegal firearms: If you know of anyone who is in possession of a bump stock or other illegal firearm, report it to the authorities.
- Seek legal advice: If you are unsure about the legality of your firearm or need guidance on how to comply with California laws, seek legal advice from a qualified attorney.
Conclusion
In conclusion, bump stocks are illegal in California. The state’s laws are designed to prevent the proliferation of firearms that can be used to inflict mass harm. If you are found to be in possession of a bump stock, you can face serious penalties, including felony charges, criminal penalties, and civil penalties. To comply with California laws, check your firearm, report any illegal firearms, and seek legal advice if needed.
Table: California Laws Regarding Bump Stocks
| Law | Description |
|---|---|
| California Penal Code Section 30600 | Defines a "machinegun" as any firearm that can fire more than one shot with a single trigger pull. |
| California Code of Regulations, Title 11, Section 5474 | Prohibits the manufacture, importation, sale, or possession of bump stocks. |
| California Department of Justice (DOJ) Guidance | States that bump stocks are illegal and cannot be possessed or used in the state. |
Bullets: Key Points to Remember
• Bump stocks are illegal in California.
• Possessing a bump stock can lead to felony charges, criminal penalties, and civil penalties.
• Check your firearm to ensure it is not equipped with a bump stock.
• Report any illegal firearms to the authorities.
• Seek legal advice if you are unsure about the legality of your firearm or need guidance on how to comply with California laws.
