Can States Ban Bump Stocks?
In the wake of the Las Vegas shooting in 2017, which resulted in the deaths of 58 people and injured hundreds more, the debate around gun control and the use of bump stocks has been reignited. Bump stocks, which are legal devices that allow semi-automatic rifles to fire at a faster rate, have been the subject of controversy, with many calling for a ban on their use. But can states ban bump stocks? In this article, we’ll explore the current legal landscape and examine the possibilities for state-level regulation.
Federal Law and Bump Stocks
In 2010, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued a ruling that allowed bump stocks to be used on semi-automatic rifles, citing a loophole in the National Firearms Act (NFA) that exempted devices that did not increase the rate of fire beyond a single shot per pull of the trigger. The ATF defined a bump stock as a device that only accelerates the rate of fire by using the recoil energy of the firearm to cycle the action, rather than increasing the rate of fire through mechanical means.
However, in 2017, the ATF was forced to re-examine its stance on bump stocks in the wake of the Las Vegas shooting. In October 2017, the agency issued a new ruling that reclassified bump stocks as machine guns, making them subject to the same federal regulations as fully automatic firearms. This ruling was met with widespread criticism from gun rights advocates, who argued that the ATF was overstepping its authority and infringing on the Second Amendment.
State-Level Regulation
While federal law regulates the sale and possession of bump stocks, states have the authority to regulate the use and possession of these devices within their borders. Some states have already taken action to ban or restrict the use of bump stocks, while others have not. Here is a breakdown of the current state of play:
States that have banned or restricted bump stocks:
- California: Prohibited the possession, sale, and manufacture of bump stocks in 2017
- Connecticut: Prohibited the possession, sale, and manufacture of bump stocks in 2017
- Delaware: Prohibited the possession, sale, and manufacture of bump stocks in 2017
- Florida: Prohibited the possession, sale, and manufacture of bump stocks in 2018
- Hawaii: Prohibited the possession, sale, and manufacture of bump stocks in 2017
- Maryland: Prohibited the possession, sale, and manufacture of bump stocks in 2017
- Massachusetts: Prohibited the possession, sale, and manufacture of bump stocks in 2017
- New Jersey: Prohibited the possession, sale, and manufacture of bump stocks in 2017
- New York: Prohibited the possession, sale, and manufacture of bump stocks in 2017
- Oregon: Prohibited the possession, sale, and manufacture of bump stocks in 2017
- Rhode Island: Prohibited the possession, sale, and manufacture of bump stocks in 2017
- Vermont: Prohibited the possession, sale, and manufacture of bump stocks in 2017
- Washington: Prohibited the possession, sale, and manufacture of bump stocks in 2017
States that have not banned or restricted bump stocks:
- Alabama
- Alaska
- Arizona
- Arkansas
- Idaho
- Indiana
- Kansas
- Kentucky
- Louisiana
- Michigan
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Virginia
- West Virginia
- Wisconsin
- Wyoming
Legal Challenges
In 2019, a federal judge ruled that the ATF’s 2017 reclassification of bump stocks as machine guns was unlawful, citing the agency’s lack of authority to make such a ruling. The ruling effectively blocked the federal ban on bump stocks, allowing states that had not banned the devices to continue to allow their use.
However, this ruling has been appealed, and the case is currently before the US Court of Appeals for the District of Columbia Circuit. If the court upholds the lower court’s ruling, it is likely that the federal ban on bump stocks will be reinstated.
Conclusion
In conclusion, while federal law regulates the sale and possession of bump stocks, states have the authority to regulate the use and possession of these devices within their borders. Some states have banned or restricted the use of bump stocks, while others have not. The legal landscape surrounding bump stocks is complex and rapidly evolving, with ongoing litigation and regulatory challenges. Ultimately, the question of whether states can ban bump stocks will depend on the outcome of ongoing legal battles and the actions of state legislators.
