Are Bump Stocks Legal 2023?
Direct Answer:
In 2023, bump stocks are illegal in the United States. The sale, possession, and transfer of bump stocks were prohibited by the Trump administration’s Department of Justice (DOJ) in December 2018, following a mass shooting in Las Vegas that killed 58 people and injured hundreds more.
Background:
Bump stocks are devices that modify semi-automatic firearms to simulate fully automatic fire. They were originally designed for hunting and target shooting, but their popularity grew among firearms enthusiasts and some military veterans. However, their ease of use and potential for rapid-fire capabilities raised concerns about their potential for misuse.
Legal Status Pre-2018:
Prior to 2018, bump stocks were legal in the United States. They were classified as lawful firearms accessories by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The ATF issued a 2010 letter ruling that bump stocks were legal, stating that they were not machineguns under the National Firearms Act (NFA) because they did not alter the fundamental nature of the firearm.
Federal Ban:
On December 18, 2018, the Trump administration’s DOJ issued a final rule that classified bump stocks as machineguns under the NFA. The rule defined bump stocks as "machineguns" because they allowed semi-automatic firearms to fire at a rate of more than 120 rounds per minute. The rule also prohibited the sale, possession, and transfer of bump stocks.
State-by-State Laws:
While the federal government banned bump stocks, some states have enacted their own laws regulating or prohibiting them. As of 2023, 21 states have banned bump stocks, including California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
Impact on Gun Owners:
The federal ban on bump stocks has significant implications for gun owners who possess them. Individuals who own bump stocks are required to surrender them to a licensed firearms dealer or a law enforcement agency. Gun owners who fail to comply with the ban may face criminal charges and fines.
Alternatives to Bump Stocks:
In the absence of bump stocks, some gun owners have turned to alternative devices that modify firearms to simulate fully automatic fire. These devices are often illegal and can lead to criminal charges. Additionally, some gun owners have opted for semi-automatic firearms that do not require the use of bump stocks.
Conclusion:
In conclusion, bump stocks are illegal in the United States as of 2023. The federal government banned them in 2018, and many states have followed suit. Gun owners who possess bump stocks are required to surrender them to a licensed firearms dealer or a law enforcement agency. While alternatives to bump stocks exist, they may be illegal and can lead to criminal charges.
Table: Bump Stock Ban by State
| State | Ban Effective Date | Notes |
|---|---|---|
| California | January 1, 2018 | Prohibits bump stocks and other devices that simulate fully automatic fire |
| Colorado | April 1, 2018 | Prohibits bump stocks and other devices that simulate fully automatic fire |
| Connecticut | April 1, 2018 | Prohibits bump stocks and other devices that simulate fully automatic fire |
| Delaware | August 1, 2018 | Prohibits bump stocks and other devices that simulate fully automatic fire |
| Florida | March 9, 2018 | Prohibits bump stocks and other devices that simulate fully automatic fire |
| Hawaii | July 1, 2018 | Prohibits bump stocks and other devices that simulate fully automatic fire |
| Illinois | July 1, 2018 | Prohibits bump stocks and other devices that simulate fully automatic fire |
| Maryland | October 1, 2018 | Prohibits bump stocks and other devices that simulate fully automatic fire |
| Massachusetts | April 1, 2018 | Prohibits bump stocks and other devices that simulate fully automatic fire |
| Michigan | December 12, 2018 | Prohibits bump stocks and other devices that simulate fully automatic fire |
| Minnesota | August 1, 2018 | Prohibits bump stocks and other devices that simulate fully automatic fire |
| Nevada | October 1, 2018 | Prohibits bump stocks and other devices that simulate fully automatic fire |
| New Jersey | December 18, 2018 | Prohibits bump stocks and other devices that simulate fully automatic fire |
| New York | March 13, 2018 | Prohibits bump stocks and other devices that simulate fully automatic fire |
| Oregon | August 1, 2018 | Prohibits bump stocks and other devices that simulate fully automatic fire |
| Rhode Island | July 1, 2018 | Prohibits bump stocks and other devices that simulate fully automatic fire |
| Vermont | January 1, 2019 | Prohibits bump stocks and other devices that simulate fully automatic fire |
| Washington | July 1, 2018 | Prohibits bump stocks and other devices that simulate fully automatic fire |
| Wisconsin | December 12, 2018 | Prohibits bump stocks and other devices that simulate fully automatic fire |
Bullet Points:
• Bump stocks are illegal in the United States as of 2023, following a federal ban and state-by-state regulations.
• The federal government banned bump stocks in 2018, defining them as machineguns under the National Firearms Act (NFA).
• 21 states have banned bump stocks, with varying effective dates and laws regulating their possession and transfer.
• Gun owners who possess bump stocks are required to surrender them to a licensed firearms dealer or a law enforcement agency.
• Alternatives to bump stocks may be illegal and can lead to criminal charges.
• Semi-automatic firearms without bump stocks are a popular alternative for gun owners.
