Are bump stocks legal in Michigan?

Are Bump Stocks Legal in Michigan?

In the wake of recent mass shootings, there has been a growing debate about the legality of certain types of firearms accessories, including bump stocks. As of this writing, Michigan has not explicitly banned the use of bump stocks. However, there are some important caveats to consider.

Federal Regulation

In 2018, the US Department of Justice (DOJ) issued a federal rule to ban bump stocks, effectively defining them as machineguns under the National Firearms Act (NFA) of 1934. This rule was met with significant opposition from gun rights groups and some lawmakers.

Despite the federal ban, bump stocks are still legal to possess and use in Michigan, as long as you obtained them prior to the effective date of the federal rule (March 2018). However, if you acquired a bump stock after this date, you may be in violation of federal law.

State Regulation

Michigan law is silent on the topic of bump stocks, which means there is no specific prohibition or regulation of their use or possession within the state. However, this does not necessarily mean they are completely legal.

Some argue that Michigan’s laws against possessing or using a "machinegun" may also apply to bump stocks. Machineguns are defined under Michigan law as "any device which is designed or specially adapted to shoot, as a single unit, two or more rounds without being manually reloaded, using the energy released by the explosion of the first shot."

Conflicting Laws

The ambiguity surrounding the legality of bump stocks in Michigan is due to conflicting laws and regulations at both the federal and state levels. While the federal government has banned bump stocks, Michigan has not followed suit. This has left gun owners and law enforcement in a difficult position.

Statewide Ordinances

Some Michigan cities have taken matters into their own hands and enacted their own ordinances restricting or banning bump stocks. For example:

• Detroit: In 2018, the city of Detroit banned the use of bump stocks and trigger Cranks, stating that these devices are " illegal to possess, use, sell, or distribute" within the city limits.
• Ann Arbor: Ann Arbor has also banned bump stocks, stating that they are "machineguns" under Michigan law.

However, these local ordinances do not have statewide impact and may not be enforced in other parts of Michigan.

Conclusion

In conclusion, while bump stocks are still legal in Michigan in the sense that there is no explicit state ban, there are some important caveats to consider. The federal ban is still in effect, and possessing or using a bump stock after the effective date of the federal rule (March 2018) may be illegal. Additionally, some local cities have enacted their own ordinances restricting or banning bump stocks.

Important Takeaways:

• Bump stocks are still legal in Michigan, but only for those who obtained them prior to the effective date of the federal ban (March 2018).
• If you acquired a bump stock after the effective date, you may be in violation of federal law.
• Some local cities, such as Detroit and Ann Arbor, have banned bump stocks under their own ordinances.
• Michigan law is silent on the topic of bump stocks, which may leave gun owners and law enforcement in a difficult position.

Table: Federal and State Laws on Bump Stocks

Note: This table is a summary of the information presented in this article and should not be considered as a substitute for legal advice. If you have any questions about the legality of bump stocks in Michigan, consult a qualified attorney.