Bump Stocks Now Illegal Across United States

The possession of bump stocks was already illegal under California law

Bump Stocks Now Illegal Across United States

After a string of high profile mass shootings using bump stocks — an add-on to guns that can significantly increase the rate of fire — a federal ban on this piece of equipment is now in effect. Under this law, anyone who sells or owns bump stocks could be charged with a felony offense — and be punished by up to 10 years in federal prison and a fine of up to $250,000 per violation.

The ban on bump stocks was announced after the October 2017 mass shooting at a music festival in Las Vegas. In the wake of this attack, President Trump ordered the United States Department of Justice to review the status of bump stocks (sometimes referred to as slide fires). Bump stocks were blamed for the high number of people killed in Las Vegas, where a lone gunman was able to kill 58 people.

In late March 2019, the United States Supreme Court (Chief Justice John Roberts) declined to hear an appeal from gun manufacturers. A separate appeal filed by gun manufacturers that seeks a stay (a delay) on enforcement of the ban is currently before the Supreme Court (Justice Sonia Sotomayor).

Under the ban, any bump stocks must be destroyed or turned into authorities. There is no exception to this rule, and no “grandfathering in” of previously-owned bump stocks. If a person possesses or sells a bump stock, he or she can be charged with a felony offense under federal law.

According to a criminal defense attorney Rancho Cucamonga, CA, possessing, manufacturing, selling, or lending a bump stock is already illegal under California law. It is a wobbler offense, which means that it can be charged as either a misdemeanor or a felony, depending on the facts of the case and the defendant’s criminal history. If it is charged as a misdemeanor, possession of a bump stock is punishable by up to 1 year in county jail. If it is charged as a felony, it can result in a sentence of between 18 months to 3 years in jail.

There are some exceptions for the sale and possession of bump stocks under California law. Historical societies and museums may possess bump stocks, as can authorized participants in movies, television shows, or videos. Those who sell or rent bump stocks to museums or entertainment productions also fall into this exception. Finally, law enforcement personnel are exempt from California law regarding bump stocks. However, as a criminal defense attorney Rancho Cucamonga, CA can explain, the federal ban on bump stocks may still prohibit the possession, sale or use of bump stocks even if you qualify for an exception under California law. Be sure to consult with a lawyer before obtaining or selling a bump stock.

Gun laws are complicated, and ever-changing. While you have a Secondment Amendment right to bear arms, that right is limited by laws and regulations imposed by the state and federal government. If you have been charged with a criminal offense related to gun possession or any other crime, the Chambers Law Firm can help. Contact our office at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced criminal defense attorney Rancho Cucamonga, CA.

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