Are Bump Stocks Legal in California Now?
Contents
Bump Stock History and Legality
Bump stocks have been a topic of controversy in the United States since their creation in the early 1990s. These devices attach to semi-automatic rifles and allow them to shoot multiple rounds in a rapid and continuous manner, mimicking the rate of fire of fully automatic firearms. Bump stocks were originally designed to help people with disabilities to hunt and were marketed as a tool to help hunters with limited physical abilities.
In 2010, the US Congress passed a provision known as the 1994 Assault Weapons Ban Improvement Act, which allowed certain grandfathered automatic firearms, including those equipped with bump stocks, to remain legal. However, in October 2017, after a mass shooting in Las Vegas, Nevada, using a bump stock-equipped firearm, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) announced that they would reevaluate the legality of bump stocks.
On December 19, 2017, the ATF finalized a new ruling, effective March 21, 2018, which categorized bump stocks as machineguns under the National Firearms Act (NFA) of 1934. This ruling made bump stocks illegal to possess, transfer, or manufacture without the proper NFA-registered license.
California Law and the State’s Unique Regulations
California is known for its strict gun control laws, and in 2017, California Governor Jerry Brown signed into law a package of legislation aimed at tightening the state’s gun regulations. Prior to the ATF’s ban on bump stocks, California had its own legislation regulating bump stocks. Assembly Bill (AB) 1664, enacted in 2016, made it a crime to manufacture, sell, import, keep, or repair a bump stock in the state.
The California Legislature also passed SB 1100 in 2016, which amended the definition of a firearm to include devices that, when attached to a rifle, increased its rate of fire beyond what is permitted by California law. This amendment essentially banned bump stocks in California even before the federal ban.
In addition to the state legislation, California law enforcement agencies, such as the Los Angeles Police Department (LAPD), have long been opposed to bump stocks, citing their potential use in mass shootings and terrorist attacks.
Bump Stock Enforcement in California
Law enforcement agencies in California, including the LAPD and the California Department of Justice (DOJ), are working to ensure that bump stocks are prohibited and removed from circulation. The state’s strict laws and the federal ban have made it illegal for residents to possess, transport, or manufacture bump stocks.
The DOJ has released guidance to law enforcement on the new bump stock law, outlining the steps necessary to enforce the ban and to seize any illegal devices. Under California law, individuals found in possession of a bump stock are subject to fines and potential imprisonment.
Conclusion
In summary, are bump stocks legal in California now? The answer is no. In 2017, the California Legislature enacted legislation to ban bump stocks, making it a crime to possess, manufacture, or transport these devices in the state. The federal ban that took effect in 2018 further strengthened the laws surrounding bump stocks, and law enforcement agencies in California are working to ensure compliance and confiscation of these devices.
Important Points to Note:
- The ATF’s 2018 ruling made bump stocks illegal to possess, transfer, or manufacture without the proper NFA-registered license.
- California law makes it a crime to possess, manufacture, or transport a bump stock, regardless of the federal ban.
- Law enforcement agencies in California are working to ensure that bump stocks are prohibited and removed from circulation.
- Individuals found in possession of a bump stock are subject to fines and potential imprisonment.
Bump Stock Regulation Table:
| Jurisdiction | Legislation | Effective Date |
|---|---|---|
| Federal | 1994 Assault Weapons Ban Improvement Act | October 2017 |
| Federal | NFA Act Reconsideration | December 2017 |
| California | AB 1664 | 2016 |
| California | SB 1100 | 2016 |
| California | Current Ban on Bump Stocks | January 2018 |
I hope this article provides valuable information on the legality of bump stocks in California. If you have any questions or concerns, please let me know!
