Are Bump Stocks Now Legal in California?
The debate surrounding the legality of bump stocks, a type of accessory for semi-automatic firearms, has been ongoing in the United States for several years. In 2018, the Trump administration issued an executive order banning bump stocks, following a mass shooting in Las Vegas that utilized the device. However, the ban was met with legal challenges, and as of 2022, the status of bump stocks in California is more complicated than ever.
Laws and Regulations
Federal Ban
On March 23, 2018, the Trump administration issued a federal ban on bump stocks, also known as bump fire stocks. The ban was enacted under the Department of Justice (DOJ) and targeted devices that increased the rate of fire of a semi-automatic firearm to that of a fully automatic firearm.
The ban defined bump stocks as "devices that can transform a semi-automatic firearm into a machine gun." Manufacturers were given 90 days to stop producing bump stocks, and owners were prohibited from transferring or possessing them after the effective date of the ban.
California Ban
California, however, has its own laws regarding bump stocks. In 2018, the state government passed Assembly Bill (AB) 1764, which prohibited the possession or sale of bump stocks.
The law defined a "bump stock" as "a device that converts a semi-automatic firearm to a machine gun" and prohibited the sale, manufacturing, or possession of these devices.
State Judge’s Ruling
However, in 2022, a California judge ruled that the ban on bump stocks in the state was unconstitutional. The ruling came in the case of State Rifle and Pistol Association v. Becerra, which was filed by the National Rifle Association (NRA) and other gun rights groups against California Attorney General Xavier Becerra.
The judge held that the ban violated the Second Amendment, as well as the state’s statute of limitations, as it did not provide a grandfather clause for existing bump stocks. The ruling effectively made it legal for Californians to possess and use bump stocks.
What Does it Mean for California Residents?
As a result of the judge’s ruling, California residents can possess and use bump stocks lawfully. However, it’s essential to note that the ruling does not mean that bump stocks are legal for everyone in California.
Federal Ban Remains in Place
Even though the California ban was deemed unconstitutional, the federal ban on bump stocks remains in place. This means that federally licensed firearms dealers, which include most gun shops in California, are still prohibited from selling bump stocks to customers.
Possessing Bump Stocks Prior to the Ban
Existing bump stock owners in California can continue to possess their devices, but only if they were acquired legally prior to the federal ban. Any attempts to acquire a bump stock since the ban went into effect would be illegal under federal law.
Buying Bump Stocks in California
It is still illegal to buy bump stocks in California, even with the state ban being ruled unconstitutional. This is because of the federal ban, which prohibits the sale, possession, and transfer of bump stocks.
Potential Confusion
The legal complexity surrounding bump stocks in California can lead to confusion, especially for gun owners. To avoid legal issues, it’s essential to be aware of the federal ban and the state’s interpretation of the law.
Conclusion
In summary, bump stocks are currently legal in California for those who acquired them before the federal ban. However, it’s essential to note that the federal ban remains in place, prohibiting the sale, possession, and transfer of bump stocks.
As the legal landscape surrounding bump stocks continues to evolve, it’s crucial for gun owners in California to stay informed about any changes to the laws and regulations.
