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Are bump stocks legal in Texas?

Are Bump Stocks Legal in Texas?

Direct Answer:

After the tragic mass shooting in Las Vegas in 2017, the federal government banned bump stocks, devices that allow semi-automatic firearms to fire at a rate similar to fully automatic firearms. However, the ban only applied to federal levels, leaving individual states to decide on their own policies regarding bump stocks. So, are bump stocks legal in Texas?

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Legal Status in Texas:

As of now, bump stocks are legal in Texas, but with some caveats. In 2017, Governor Greg Abbott signed a law that prohibited the use of bump stocks on certain semi-automatic firearms, but did not ban them outright. The law, Senate Bill 16, defines bump stocks as "a conversion kit or other device designed to increase the rate of fire of a semi-automatic firearm" and prohibits the use of such devices on certain firearms, including assault rifles and certain shotguns.

Key Provisions:

Here are some key provisions of Senate Bill 16:

  • Prohibits the use of bump stocks on certain semi-automatic firearms, including:

    • Assault rifles with a barrel length of 16 inches or less
    • Shotguns with a barrel length of 18 inches or less
  • Allows the use of bump stocks on other firearms, including:

    • Rifles with a barrel length of more than 16 inches
    • Shotguns with a barrel length of more than 18 inches
  • Exempts certain individuals from the prohibition, including:

    • Law enforcement officers
    • Military personnel
    • Licensed hunters

What is a Bump Stock?

Before we dive deeper into the legal aspects, let’s define what a bump stock is. A bump stock is a device that allows a semi-automatic firearm to fire at a rate similar to a fully automatic firearm. It works by harnessing the recoil energy from each shot to cycle the firearm’s action, allowing for rapid fire. Bump stocks are essentially a trigger device that can increase the rate of fire of a semi-automatic firearm.

Why Did Texas Not Ban Bump Stocks?

So, why did Texas not ban bump stocks outright? The main reason is the Second Amendment to the United States Constitution, which protects the right to keep and bear arms. In 2017, Texas lawmakers were concerned that a ban on bump stocks could infringe on the rights of law-abiding citizens to own and use certain firearms. Additionally, there were concerns about the impact a ban could have on the state’s hunting industry and the rights of hunters to use certain firearms.

What is the Future of Bump Stocks in Texas?

In light of the federal ban on bump stocks, some are wondering what the future of bump stocks in Texas might be. While Texas has not banned bump stocks, there is a possibility that the state could enact stricter regulations or even ban them in the future. In 2019, a bill was introduced in the Texas Legislature that would have banned bump stocks, but it did not pass.

Conclusion:

In conclusion, while bump stocks are legal in Texas, there are some restrictions on their use. The legal status of bump stocks in Texas is complex and nuanced, with both federal and state laws playing a role. While the federal government has banned bump stocks, the state of Texas has chosen not to follow suit, leaving the legal status of these devices in a state of limbo. As always, it is important to consult with a legal expert or law enforcement officer before purchasing or using a bump stock in Texas.

Table: Summary of Bump Stock Legal Status in Texas

Type of FirearmBump Stock Legal?
Assault rifles with a barrel length of 16 inches or lessProhibited
Shotguns with a barrel length of 18 inches or lessProhibited
Rifles with a barrel length of more than 16 inchesAllowed
Shotguns with a barrel length of more than 18 inchesAllowed

References:

  • Senate Bill 16 (2017)
  • Texas Penal Code, Section 46.04
  • National Rifle Association (NRA)
  • Gun Owners of America (GOA)

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