UPDATE on JUNE 14, 2024 – The U.S. Supreme Court has struck down the 2019 federal ban on bump stocks. In a 6-3 decision today, the justices found that the federal government overstepped its authority by passing the restriction through regulation rather than legislation.
This decision removes the federal restriction on bump stock usage.
However, bump stocks remain illegal in California as well as around 15 other states.
California banned bump stocks in 2010 with the passage of Penal Code 32900, which set penalties of up to three years in jail for possessing, manufacturing or lending someone a bump stock within the state.
What Are Bump Stocks?
Bump stocks are accessories that can be added to semiautomatic rifles to increase the rate that they fire.
Bump stocks replace the standard stock, the part of the gun that rests against the holder’s shoulder. They trigger the gun to continuously fire as long as the shooter holds down the trigger and applies pressure to the stock.
They do not convert a semiautomatic rifle into automatic rifles, but they do allow semiautomatic rifles to shoot nearly as fast.
They’re also known as “reciprocating stocks” and “multiburst trigger activators” (the legal term in California law).
Penalties for Possessing a Bump Stock in California
As we mentioned earlier, it’s illegal in California to possess, manufacture, import or sell a bump stock within the state.
Violating PC 32900 is a “wobbler,” meaning that it could be tried as a misdemeanor or felony depending on the facts of the case. As a misdemeanor, possession of a bump stock carries a penalty of a up to one year in county jail.
As a felony, it is punishable by up to three years in jail.
Federal Action Against Bump Stocks
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In December 2018, Acting Attorney General Matthew Whitaker announced he had amended the bureau of Alcohol, Tobacco and Firearms’ regulations to change the definition of a “machine gun” in federal law to include bump stocks.
Bump stocks previously were not classified as machine guns, but beginning in March 2019, possession or transfer of bump stocks was treated the same as machine guns. Bump stock owners were required to destroy them or surrender them to the ATF.
The Supreme Court found issue with how this was enacted, ruling that the redefinition exceeded the ATF’s regulatory authority. Because the issue was purely with how the federal government enacted the redefinition, state-level restrictions like California’s are allowed to remain in place.
Legal Defenses for Bump Stock Possession Charges
In California, certain people are legally permitted to possess bump stocks. They are:
- Authorized members of film and television production crews
- Historical societies and museums
- Law enforcement officers
Otherwise, common defenses for possession of a bump stock include lack of knowledge or possession — the defendant didn’t know he or she had the bump stock, or that it belonged to someone else.
As well, it could be that the defendant was on their way to having the bump stock destroyed before encountering police.
Facing firearms offenses can be a stressful and intimidating process, but a skilled criminal defense attorney can help you navigate the judicial system and fight to get you the best possible outcome.
Robert M. Helfend has represented defendants accused of firearms offenses throughout California for more than 40 years, and he is prepared to take your case. Call today for your free case evaluation — 800-834-6434.
Published December 20, 2018. Updated June 15, 2024.