Are Bump Stocks Unbanned?
The debate over the legality of bump stocks in the United States has been ongoing for several years, with both sides presenting valid arguments. In 2018, the Department of Justice (DOJ) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) reclassified bump stocks as a machinegun accessory, making them illegal for civilian use. However, with the change in the political landscape and new challenges to the ban, it’s crucial to clarify the current legal status of bump stocks.
The Origins of Bump Stocks
Bump stocks are accessories designed to be attached to semi-automatic firearms, primarily used in the sporting context. They were first developed in the 2000s to enhance the accuracy and speed of shooting by utilizing the natural recoil energy of the gun. Before 2018, bump stocks were legal to possess and use in all 50 states. Despite being technically classified as machinegun parts, the National Firearms Act (NFA) exempted bump stocks from regulation, considering them to be a novel or unusual firearm accessory.
The 2018 Reclassification
Following the Las Vegas shooting in October 2017, in which a bump stock-enabled firearm was used to deadly effect, the public began to reevaluate the need for stricter regulations. The ATF reclassified bump stocks as "machineguns" under the NFA, which led to a blanket ban on civilian ownership. This new classification allowed the federal government to prohibit the possession, transfer, manufacture, or importation of bump stocks, and individuals were required to turn them over to law enforcement or render them unusable.
Challenges to the Ban
While the 2018 ban had far-reaching implications, various groups have challenged its validity in court. The challenge stems from the question: Did the ATF abuse its discretion in reclassifying bump stocks without prior Congressional approval?
Several lawsuits were filed, alleging that the ATF’s action was arbitrary and capricious. In February 2020, the District Court for the Western District of Texas upheld the ban, concluding that the ATF’s reclassification was reasonable and within its legal authority.
What This Means for Bump Stock Owners
For those who owned bump stocks before the ban, they are generally allowed to keep their devices, provided they meet specific conditions:
• Comply with existing laws and regulations: Individuals must adhere to the National Firearms Act and any other applicable federal and state laws.
• Render them unusable or destroy them: Alternatively, bump stock owners may be required to destroy or disassemble their devices, preventing them from being used.
New buyers, however, are prohibited from acquiring or purchasing bump stocks.
State-Specific Regulations
While the federal government banned bump stocks, individual states have varying laws and regulations regarding the possession, transfer, and use of bump stocks. Some states maintain their own legal framework for bump stocks, whereas others may mirror the federal ban.
The following table highlights state-by-state bump stock laws:
| State | Current Legal Status | Notes |
|---|---|---|
| Alabama | Ban | Following the 2018 reclassification, Alabama prohibited the possession and use of bump stocks. |
| California | Ban | California prohibited bump stocks through Assembly Bill 252, which added them to the list of prohibited accessories under the California Firearms Assistance Table. |
| Colorado | Ban | Colorado implemented its own bump stock ban through Senate Bill 204, which criminalized the sale, possession, and transfer of these devices. |
| Florida | In-Limbo | A proposed bill aimed to outlaw bump stocks, but the effort stalled, leaving Florida in a gray area regarding its legal status. |
| Texas | In-Limbo | A bill passed the Texas House in 2019, seeking to repeal the state’s ban on bump stocks. While the legislation is currently stuck in committee, some interpret it as a gray area, while others claim the ban remains in place. |
Conclusion
Are bump stocks unbanned? Currently, no, they are still banned by federal law. The ban remains in effect until overturned by Congressional action or successful legal challenges. Individual state laws regarding bump stocks may vary, and owners who possessed devices before the 2018 ban must ensure compliance with existing laws. The legal landscape is evolving, and it is essential to stay informed about developments and potential changes. It is crucial for firearms enthusiasts, collectors, and law-abiding citizens to be aware of these shifting regulations to ensure continued compliance with the law and respect for the legal frameworks governing bump stocks in the United States.
