Are Bump Stocks Legal Again?
In the aftermath of the 2017 Las Vegas shooting, which was carried out using a bump stock, the US Department of Justice (DOJ) announced that it would be re-examining the legality of these devices. After a lengthy legal battle, the DOJ finally issued a new ruling in 2020, effectively making bump stocks illegal. However, in 2021, a federal appeals court blocked the ban, leaving gun owners and enthusiasts wondering: are bump stocks legal again?
The Short Answer:
Yes, bump stocks are currently legal in the United States, although the legality of these devices is still subject to debate and ongoing litigation.
A Brief History of Bump Stocks:
Bump stocks were first introduced in the early 2000s as a device that allowed semi-automatic firearms to mimic the rate of fire of fully automatic weapons. The device uses the recoil energy of the weapon to cycle the action and fire subsequent rounds, resulting in a rapid-fire effect. Bump stocks gained popularity among some gun owners and enthusiasts, particularly in the context of competitive shooting sports.
The Ban:
In response to the 2017 Las Vegas shooting, which was carried out using a bump stock, the DOJ announced that it would be re-examining the legality of these devices. In 2018, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) published a notice of proposed rulemaking, which proposed a ban on bump stocks and other devices that allowed semi-automatic firearms to mimic fully automatic weapons.
The proposed rule was met with resistance from gun rights groups, who argued that the devices were legal under existing law and that the ban would infringe on Second Amendment rights. After a lengthy public comment period, the ATF finalized the rule in December 2018, making bump stocks illegal as of March 2019.
The Legal Battle:
The ban was challenged in court by gun rights groups, who argued that the ATF had overstepped its authority in issuing the rule. In 2020, a federal judge in Texas blocked the ban, ruling that the ATF had failed to provide adequate notice and an opportunity for public comment. The DOJ appealed the ruling, but in 2021, a federal appeals court upheld the lower court’s decision, effectively making bump stocks legal again.
Current Legal Status:
As of 2022, bump stocks are legal in the United States, although the legality of these devices is still subject to debate and ongoing litigation. The ATF has resumed processing applications for bump stocks, and many gun retailers are once again selling these devices.
Key Takeaways:
- Bump stocks are currently legal in the United States.
- The ban on bump stocks was issued by the ATF in 2018, but was blocked by a federal court in 2020.
- The DOJ appealed the ruling, but a federal appeals court upheld the lower court’s decision in 2021, making bump stocks legal again.
- The legality of bump stocks is still subject to debate and ongoing litigation.
What’s Next?
The legal status of bump stocks is likely to remain uncertain in the coming months and years. Gun rights groups may continue to challenge the ban, while the DOJ may try to find alternative ways to regulate these devices. Meanwhile, gun owners and enthusiasts will need to stay up-to-date on the latest developments and follow all applicable laws and regulations.
Conclusion:
In conclusion, bump stocks are currently legal in the United States, although the legality of these devices is still subject to debate and ongoing litigation. The ban on bump stocks was issued by the ATF in 2018, but was blocked by a federal court in 2020. The DOJ appealed the ruling, but a federal appeals court upheld the lower court’s decision in 2021, making bump stocks legal again. As the legal status of bump stocks continues to evolve, it’s essential for gun owners and enthusiasts to stay informed and follow all applicable laws and regulations.
Timeline:
- 2000s: Bump stocks are first introduced as a device that allows semi-automatic firearms to mimic the rate of fire of fully automatic weapons.
- 2017: The Las Vegas shooting is carried out using a bump stock.
- 2018: The ATF proposes a ban on bump stocks and other devices that allow semi-automatic firearms to mimic fully automatic weapons.
- 2019: The ban is finalized, making bump stocks illegal as of March 1.
- 2020: A federal judge in Texas blocks the ban, ruling that the ATF failed to provide adequate notice and an opportunity for public comment.
- 2021: A federal appeals court upholds the lower court’s decision, making bump stocks legal again.
Table:
Device | Legal Status |
---|---|
Bump Stocks | Legal |
Fully Automatic Firearms | Illegal |
Key Terms:
- Bump stock: A device that allows semi-automatic firearms to mimic the rate of fire of fully automatic weapons.
- Fully automatic weapon: A firearm that fires continuously as long as the trigger is held down.
- Semi-automatic weapon: A firearm that fires a single round with each pull of the trigger.
- ATF: The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the federal agency responsible for enforcing federal firearms laws.