Is a Bump Stock Device a Machine Gun?
The debate surrounding bump stock devices has been a contentious issue in the United States, with many arguing that they are essentially machine guns in disguise. In this article, we will delve into the definition of a machine gun, the functionality of bump stock devices, and the legal implications of their use.
What is a Machine Gun?
According to the National Firearms Act (NFA) of 1934, a machine gun is defined as:
"…any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger."
This definition is further clarified by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their publication, "Machine Guns and Other Firearms That Shoot Automatically":
"…a machine gun is a firearm that is designed to shoot automatically, meaning that it fires multiple rounds with a single pull of the trigger, without the need for manual reloading."
What is a Bump Stock Device?
A bump stock device is a type of accessory that can be attached to a semi-automatic rifle, allowing the user to fire the weapon in a rapid, fully automatic manner. The device uses the recoil energy from each shot to "bump" the trigger, allowing the user to fire multiple rounds without manually reloading.
How Does a Bump Stock Device Work?
Here’s a step-by-step explanation of how a bump stock device works:
- The user attaches the bump stock device to the rifle’s stock (handle).
- The user places their finger on the trigger and fires the rifle.
- The recoil energy from the shot causes the bump stock device to move forward, bumping the trigger and firing the next round.
- The user continues to hold the trigger and the bump stock device continues to fire the rifle in rapid succession.
Is a Bump Stock Device a Machine Gun?
Based on the definition of a machine gun provided earlier, it can be argued that a bump stock device is not a machine gun in the classical sense. A machine gun is designed to shoot automatically, meaning that it fires multiple rounds with a single pull of the trigger, without the need for manual reloading. A bump stock device, on the other hand, requires the user to manually hold the trigger and continue to fire the rifle in rapid succession.
Legal Implications
In 2010, the ATF issued a ruling that classified bump stock devices as "firearms" under the NFA, but not as machine guns. This ruling was based on the fact that the device does not automatically fire multiple rounds without manual reloading.
However, in 2018, the ATF issued a new ruling that reclassified bump stock devices as machine guns, effective immediately. This ruling was based on the fact that the device allows the user to fire the rifle in a rapid, fully automatic manner, which is the definition of a machine gun.
Table: Comparison of Machine Guns and Bump Stock Devices
| Machine Gun | Bump Stock Device | |
|---|---|---|
| Automatic Firing | Yes | No |
| Manual Reloading | No | Yes |
| Trigger Function | Single pull | Continuous hold |
| Recoil Energy | Not used | Used |
Conclusion
In conclusion, while a bump stock device may allow the user to fire a semi-automatic rifle in a rapid, fully automatic manner, it does not meet the definition of a machine gun as defined by the NFA. The device requires manual reloading and the user must continue to hold the trigger to fire multiple rounds. However, the ATF’s 2018 ruling reclassified bump stock devices as machine guns, effective immediately. This ruling has significant legal implications for the ownership and use of bump stock devices.
Recommendations
- The ATF should reconsider its 2018 ruling and reclassify bump stock devices as "firearms" under the NFA, rather than machine guns.
- Congress should pass legislation to clarify the definition of a machine gun and provide a clear distinction between machine guns and bump stock devices.
- Gun owners and enthusiasts should be aware of the legal implications of owning and using bump stock devices and take steps to ensure compliance with federal and state laws.
Additional Resources
- National Firearms Act (NFA) of 1934
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) publication, "Machine Guns and Other Firearms That Shoot Automatically"
- Federal Register, Vol. 83, No. 233, December 26, 2018, "Machine Guns and Other Firearms That Shoot Automatically"
