Are Bump Stocks Legal?
Bump stocks have been a topic of controversy in recent years, with many advocating for a ban on the device that allows semi-automatic firearms to fire at a faster rate. But is it truly legal to own and use a bump stock?
Understanding Bump Stocks
For those who may not be familiar, a bump stock is a type of stock that attaches to a semi-automatic rifle or pistol. It uses the recoil from each shot to cycle the action, allowing the shooter to fire a rapid sequence of shots. The idea behind the device is that it allows hunters to target multiple animals without having to manually cycle the action for each shot. However, the device has also been used by some to turn semi-automatic rifles into semi-automatic machine guns, increasing the rate of fire exponentially.
Is it legal to own a bump stock?
The legality of bump stocks is somewhat complex, as it is governed by federal and state laws.
Federal Law
On December 18, 2018, the National Firearms Act (NFA) was modified to restrict the sale, transfer, and possession of bump stocks. The newly added legislation, known as the Automatic Gunfire Prohibition Act, defines bump stocks and other devices as "firearms accessories" and declares them to be illegal without a special tax stamp, which is a significant hindrance to most individuals who would want to own the device.
In essence, the federal law prohibits the sale, manufacture, importation, possession, shipment, or transportation of any bump stock device that enables a semi-automatic firearm to fire at a rate greater than 3 shots without manual reloading. In other words, bump stocks are illegal if they facilitate a rate of fire higher than 3 shots in a 10-second span.
State Laws
While the federal government has banned the sale, transfer, and possession of bump stocks, some states have taken more stringent actions. Eleven states have banned the possession or sale of bump stocks: California, Connecticut, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, and Virginia.
Even in states where bump stocks are not specifically banned, some cities have enacted local ordinances prohibiting the use, sale, and possession of the device.
Confusion and Questions
While the federal government and several states have explicitly banned the use of bump stocks, there are still many legal gray areas. For instance:
- How do state laws interact with federal laws? Do state bans supersede federal laws? Or do federal laws take precedence?
- What are the consequences of owning and using a bump stock before the federal ban? Are individuals who owned bump stocks before the ban in violation of federal law, or is there a grandfather clause for existing owners?
Court Rulings
In April 2018, the US District Court for the District of Hawaii ruled in Hawaiian Motor Carriers Association v. United States, stating that the federal ban on semi-automatic firearms, including those with bump stocks, did not violate the Second Amendment. However, this decision was later vacated due to a government appeal, and the court ultimately certified the question of the bump stock ban to the state’s highest court.
In another case, CDP Chancellery Gardens v. Barr, a federal court ruled that a bump stock used in combination with a rifle did not constitute a "machinegun" under the National Firearms Act, meaning it is not subject to the 1934 act’s more stringent regulations. However, this decision has been questioned by many firearms experts.
Conclusion
In summary, the legality of bump stocks is complex, with both federal and state laws governing the use of these devices. Federal law prohibits the sale, transfer, and possession of bump stocks, while eleven states have taken more drastic measures to ban the devices. While court rulings have provided some clarification, much remains uncertain.
A Table to summarize the findings:
| Level of Government | Bump Stock Ban or Regulation | Examples of States with Bans/Regulations |
|---|---|---|
| Federal | Prohibited the sale, transfer, and possession | |
| 11 States | Specifically banned or regulated the use, sale, or possession | California, Connecticut, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, and Virginia |
| Local/City | Some cities have enacted their own ordinances | Some cities may have banned or regulated bump stocks |
Conclusion
When it comes to the legal status of bump stocks, it is clear that they are no longer legal at the federal level. With the federal ban in place, many states and cities have followed suit to restrict the use and ownership of the device. For those already in possession of a bump stock, there may still be legal confusion and unanswered questions. In the words of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), "We will fully enforce the recently enacted Automatic Gunfire Prohibition Act and will investigate and pursue criminal charges against anyone who violates this Act." In light of the legal ambiguities and recent court decisions, it is essential to consult with local authorities or legal experts before making any decisions regarding bump stocks or other firearms-related matters.
