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Wikipedia

Bump stock

March 03, 2023

Bump stocks or bump fire stocks are gun stocks with a mechanism for bump firing, in which the recoil of a semi-automatic firearm actuates the trigger to allow rounds to be fired in rapid succession, in a manner somewhat similar to a fully automatic weapon.

A Slide Fire Solutions bump fire stock on a WASR-10 semiautomatic rifle

The legality of bump stocks in the United States came under question[1][2][3] following the 2017 Las Vegas shooting, in which 60 people were killed and 867 people injured.[4][5][6] The gunman was found to have fitted them to his weapons.[7] Several states passed legislation restricting ownership of bump stocks following this shooting and the Stoneman Douglas High School shooting 4 months later. In December 2018, the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) published an opinion that bump stocks constituted "machine guns", and thus were illegal under federal law. This position was explicitly refuted by the federal Fifth Circuit Court of Appeals in January 2023, which stated that "A plain reading of the statutory language, paired with close consideration of the mechanics of a semi-automatic firearm, reveals that a bump stock is excluded from the technical definition of 'machine gun' set forth in the Gun Control Act and National Firearms Act." (Cargill v. Garland).

Bump fire stocks

 
A bump stock causes the trigger (red) to be actuated when the receiver moves forward, being reset each round by receiver recoil. This allows semi-automatic firearms to somewhat mimic fully automatic weapons.

Bump fire stocks are gun stocks that are specially designed to make bump firing easier, but do not make the firearm automatic.[8] Essentially, bump stocks assist rapid fire by "bumping" the trigger against one's finger (as opposed to one's finger pulling on the trigger), thus allowing the firearm's recoil, plus constant forward pressure by the non-shooting arm, to actuate the trigger. Bump fire stocks can be placed on a few common weapon platforms such as the AR or AK families. They can achieve rates of fire between 400 and 800 rounds per minute depending on the gun.[1] By 2018, bump fire stocks in the United States were sold for around $100 and up, with prices increasing prior to enactment of federal regulation.[1][9]

Slide Fire Solutions, the inventor, patent holder, and leading manufacturer of bump stocks, suspended sales after bump stocks were used in the 2017 Las Vegas shooting, and resumed sales a month later.[10][11] On May 20, 2018, 95 days after the Stoneman Douglas High School shooting, Slide Fire Solutions permanently halted sales and production of its products.[12]

History of regulation

In 2002, one of the first bump stock-type devices, the Akins Accelerator invented by Bill Akins, was deemed by the US Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to not be a "machinegun". The Akins Accelerator used an internal spring to force the firearm forward to re-make contact with the trigger finger after the recoil of the previous shot pushed the firearm rearward.[13][14] The ATF interpreted a "single function of the trigger" to mean a "single movement of the trigger", and since the trigger moved for each shot, the Akins Accelerator was deemed to not be a machinegun.[14] Later, in 2006, the ATF reversed course and reinterpreted the language to mean "single pull of the trigger", which reclassified the Akins Accelerator as a machinegun. The Eleventh Circuit Court of Appeals upheld the new interpretation in February 2009.[15]

More modern bump stocks were invented by Slide Fire Solutions founder Jeremiah Cottle as a replacement stock for people who have limited hand mobility. Such bump stocks have no internal spring and require constant forward pressure by the non-shooting arm in order to maintain continuous fire.[14] Between 2008 and 2017, the ATF issued ten letter rulings that classified bump stocks as a "firearm part", which are unregulated.[16][17] However, in March 2018, as a result of the use of bump stocks in the 2017 Las Vegas shooting, the U.S. Department of Justice announced a plan to reclassify bump stocks as "machineguns" under existing federal law, effectively[Note 1] banning them nationwide.[18][19] Only two states had banned bump stocks prior to the Las Vegas shooting. The final rule of the DoJ was issued on December 18, 2018.[20][21] Now, as of March 26, 2019, bump stocks are illegal for almost all US civilians, but multiple lawsuits are pending that challenge that rule. In May 2019, the Offensive Weapons Act 2019 prohibited bump stocks in the UK.[22]

Public opinion

Immediately following the 2017 Las Vegas shooting, 72% of registered voters supported a bump stock ban, including 68% of Republicans and 79% of Democrats.[23] A 2018 poll found 81% of American adults supported banning bump stocks with a margin of error of ±3.5%.[24] A different poll around the same time found 56% of American adults supported banning bump stocks with a margin of error of ±4%.[25]

Regulatory status in the United States

Federal

The ATF ruled in 2010 that bump stocks were not a firearm subject to regulation and allowed their sale as an unregulated firearm part.[1][2][3] In the 2017 Las Vegas shooting, twelve bump stocks were found at the scene.[7] The National Rifle Association stated on October 5, 2017, "Devices designed to allow semi-automatic rifles to function like fully-automatic rifles should be subject to additional regulations", and called on regulators to "immediately review whether these devices comply with federal law".[26] The 2017 shooting generated bipartisan interest in regulating bump stocks.[27] On October 4, 2017, Senator Dianne Feinstein introduced a bill to ban bump stocks,[1] but it was not acted upon. Instead, on February 20, 2018, President Trump instructed the ATF to issue regulations to treat bump stocks as machineguns.[28]

President Donald Trump blamed former President Barack Obama for having "legalized bump stocks", which he termed a "BAD IDEA",[29] a claim which was found to be partly erroneous by USA Today.[30] On March 23, 2018, at President Trump's request[29] the Department of Justice announced a plan to ban bump stocks at the federal level. The proposed change would reclassify bump stocks as "machineguns" and effectively[Note 1] ban the devices in the United States under existing federal law.[18] A notice of proposed rulemaking was issued by the ATF on March 29, 2018, and opened for public comments.[19][31] Over 119,000 comments were submitted in support of the proposed rule, while over 66,000 comments expressed opposition to it.[21] On December 18, 2018, the final regulation to ban bump stocks was issued by the Department of Justice and published in the Federal Register on December 26.[16][21][32] The final rule states that "bump-stock-type devices" are covered by the Gun Control Act, as amended under the Hughes Amendment, which with limited exceptions, makes it unlawful for any person to transfer or possess a machinegun unless it was lawfully possessed prior to 1986. Since the bump-stock-type devices covered by this final rule were not in existence prior to 1986, they would be prohibited when the rule becomes effective.[21] The ban went into effect on March 26, 2019, by which owners of bump stocks were required to destroy them or surrender them to ATF, punishable by 10 years imprisonment and a $250,000 fine.[21][33]

State

 
Legality of bump stocks in the United States at the state level; as of March 29, 2019, it became illegal at the federal level.
  Bump stocks legal
  Legality unclear
  Bump stocks illegal

Prior to the federal ban effective March 26, 2019, some states had taken action on their own to restrict ownership of the accessory. Since 1990, the sale of bump stocks has been illegal in California. They were banned in New York with the passage of the NY SAFE Act in 2013, and more explicitly banned in early 2019.[34] The device's legal status is unclear in Connecticut, Michigan, Minnesota, and Puerto Rico.[35]

After the 2017 Las Vegas shooting

In his final day as governor in January 2018, New Jersey Governor Chris Christie signed legislation making the gun accessory illegal in New Jersey.[36] Massachusetts banned bump stocks after the 2017 Las Vegas shooting.[11]

In March 2018, following the Stoneman Douglas High School shooting, Florida enacted SB 7026, which, among other things, banned bump stocks.[37][38] The portion of the legislation banning bump stocks took effect in October 2018; possession in Florida is a third-degree felony.[39] Vermont passed a similar law in 2018, which went into effect in October 2018; possession in Vermont is a misdemeanor.[40] Delaware,[41] Hawaii,[42] Maryland,[43] Washington,[44] Washington D.C.,[45] and Nevada[46] have also banned bump stocks.

Some states that do not ban bump stocks may have localities that ban them, such as Northbrook, Illinois (April 2018);[47] Boulder, Colorado (May 2018);[48] and others.

Federal lawsuits

Several gun rights groups have challenged the federal regulation.[49][50]

Gun Owners of America

In December 2018, Gun Owners of America sued the federal government in the U.S. District Court for the Western District of Michigan, challenging the bump stock ban.[51] On March 21, 2019, the group's request for a preliminary injunction was denied by the district court.[52] The U.S. Court of Appeals for the Sixth Circuit and U.S. Supreme Court both denied a stay on the effective date of the regulation pending the appeal.[53]

Following oral argument in December 2020, the Sixth Circuit panel issued a 2–1 ruling in favor of the plaintiffs on March 25, 2021.[54] The majority decision, written by Judge Alice M. Batchelder and joined by Judge Eric E. Murphy, ruled that (1) an agency's interpretation of a criminal statute is not entitled to Chevron deference, (2) bump stocks cannot be classified as machineguns, thus the ATF's rule is not the best interpretation of the law, and (3) the plaintiffs are likely to prevail in their challenge, therefore the district court should have granted an injunction. The court remanded the case back to the district court for proceedings in accordance with its opinion (i.e., to issue an injunction).[54][55][56] Judge Helene White dissented, writing that the Supreme Court had previously applied Chevron deference to agency interpretations of criminal statutes in the cases of Babbitt v. Sweet Home Chapter of Communities for a Great Oregon and United States v. O'Hagan.[54] The appeals court granted an en banc petition on June 25, 2021[57] and heard oral argument in October 2021.[58] On December 3, 2021, the court issued an 8-8 split decision, thus leaving the district court's denial of a preliminary injunction in place.[59] The Supreme Court declined to hear the case on October 3, 2022.[60]

Guedes (Firearms Policy Coalition) and Codrea

The Firearms Policy Coalition and other gun-rights groups sued in the federal district court in Washington, D.C., also seeking an injunction.[61] In February 2019, U.S. District Judge Dabney L. Friedrich denied the Firearms Policy Coalition's request for an injunction, determining that the group had not put forward convincing legal arguments that the ban was invalid.[61][62] The U.S. Court of Appeals for the D.C. Circuit stayed the effective date of the regulation, but only as applied to the plaintiffs and their members.[63] A broader injunction was denied by the Supreme Court.[64]

On April 1, 2019, the D.C. Circuit affirmed the district court's denial of a preliminary injunction in a per curiam decision, based largely on Chevron deference. The decision allowed the ban to go into effect for the plaintiffs. Judge Karen L. Henderson issued an opinion concurring in part and dissenting in part.[63] A second stay application was denied by the Supreme Court on April 5, 2019, with Thomas and Gorsuch indicating that they would have granted the application.[65][66] The Supreme Court denied a petition for a writ of certiorari (petition for review) on March 2, 2020; Gorsuch issued a statement agreeing that the time was not right for Supreme Court review, but criticizing the D.C. Circuit's position and writing that "Chevron's application in this case may be doubtful."[67]

The case then returned to the district court on the merits, and in February 2021, the court granted summary judgment in favor of the government, holding that Chevron deference applied; that ATF had the authority to state that the NFA's definition of "machinegun" includes bump stocks; and that ATF's interpretation of the statutory language was reasonable. The court also rejected the plaintiffs' Taking Clause and ex post facto clause claims, as well as their claim that the underlying statutes were impermissibly vague.[68] On August 9, 2022, the D.C. Circuit Court of Appeals upheld the ban by reasoning that it was the best reading of the law without applying Chevron deference.[69][70]

Aposhian and Cargill

In 2019, W. Clark Aposhian, the chairman of the Utah Shooting Sports Council, a gun rights group, sued the ATF in the federal district court of Utah over the bump stock ban, arguing that the promulgation of the regulation exceeded the ATF's statutory authority. Aposhian is represented by the New Civil Liberties Alliance.[71][72] The district court denied the plaintiffs' request for a preliminary injunction to block the ban in March 2019.[73][74] In March 2019, the U.S. Court of Appeals for the Tenth Circuit granted a temporary stay that applies only to the plaintiff,[75] but ultimately upheld the denial of a preliminary injunction.[76] In April 2019, in a divided opinion, the Tenth Circuit denied the motion for a stay, and a divided panel upheld the district court's ruling. The appeals court granted review en banc (i.e., by the full court), but ultimately dismissed the grant of en banc rehearing as improvidently granted, allowing the panel decision (and thus the bump-stock ban) to stay in place.[76][77] The Supreme Court declined to hear the case on October 3, 2022.[78]

An Austin, Texas gun rights activist, Michael Cargill, sued ATF in 2019, in the U.S. District Court for the Western District of Texas, similarly challenging the authority of the agency to classify bump stocks as illegal machine guns. Cargill is also represented by the New Civil Liberties Alliance.[71][79][80] The district court dismissed the suit in November 2020.[71] On December 14, 2021, a unanimous three judge panel on the U.S. Court of Appeals for the Fifth Circuit upheld the ban.[81] On June 23, 2022, the court vacated the decision and took the case en banc. Oral argument was heard on September 12, 2022.[82] On January 6, 2023, the court's full panel ruled that bump stocks are not machine guns and reversed the district court.[83]

Takings Clause lawsuits

In June 2018, the group Maryland Shall Issue filed a putative class action lawsuit in the federal district court in Maryland, challenged 2018 Maryland Senate Bill 707 which banned "rapid-fire trigger activators";[84] the plaintiffs alleged that the ban was an unconstitutional taking requiring just compensation, among other challenges. In November 2018, the district court dismissed the case.[85] In June 2020, the U.S. Court of Appeals for the Fourth Circuit affirmed the dismissal of the suit in a 2–1 vote.[86][87] In May 2021, the Supreme Court declined to hear the case.[88][89]

Two similar lawsuits were filed in the United States Court of Federal Claims challenging the federal bump-stock ban—one filed by bump stock owners (McCutchen), the other by bump-stock suppliers (Modern Sportsman and RW Arms). Both were dismissed.[90][91][92][93] In the latter case, the court held that the ATF Final Rule banning bump stocks "was promulgated pursuant to the police power to protect public safety and therefore not a compensable taking under the Fifth Amendment."[93] Both cases were unsuccessfully appealed to the Court of Appeals for the Federal Circuit. En banc petitions were denied and the Supreme Court denied review.[94]

In another case, filed in the District Court for the Northern District of Texas, the government failed to have the case dismissed, but was given another opportunity to argue so. However, the case is now stayed pending the outcome of McCutchen and Modern Sportsman.[95]

Another challenge, filed in the District Court for the Western District of Kentucky, was unsuccessful.[96] The Sixth Circuit Court of Appeals will hear the case on January 19, 2023.

John Doe

A class action lawsuit filed in the U.S. District Court for the Southern District of Illinois seeking immunity for legal purchasers of bump stocks prior to the ATF rule change was denied by the court in June 2020.[97] On October 31, 2022, the United States Court of Appeals for the Federal Circuit upheld the ban.[98]

U.S. v. Alkazahg

The Navy-Marine Corps Court of Criminal Appeals ruled on September 7, 2021, that a bump stock does not fall under the definition of a machinegun. The ruling was not appealed by the government.[99]

State lawsuits

Florida

Florida banned bump stocks in October 2018. A class action lawsuit challenging the ban as an unconstitutional taking requiring just compensation was unsuccessful in the Leon County circuit court in May 2019[100] and in the 1st District Court of Appeal in January 2021.[101]

Patent infringement suit

Slide Fire Solutions filed suit against Bump Fire Systems for infringement of its patents on bump stock designs in 2014.[102] The suit alleged that Bump Fire Systems infringed eight US Patents, for example, United States Patent No. 6,101,918 entitled "Method And Apparatus for Accelerating the Cyclic Firing Rate of a Semi-Automatic Firearm"[103] and United States Patent No. 8,127,658 entitled "Method of Shooting a Semi-Automatic Firearm".[104] The suit was settled in 2016, resulting in Bump Fire Systems ceasing manufacture of the product in contention.[105]

Other lawsuits

Survivors of the 2017 Las Vegas shooting sued bump stock patent holder and manufacturer Slide Fire Solutions, claiming the company was negligent and that they deliberately attempted to evade U.S. laws regulating automatic weapons: "this horrific assault would not and could not have occurred, with a conventional handgun, rifle, or shotgun, of the sort used by law-abiding responsible gun owners for hunting or self defense."[12] The suit was dismissed in September 2018; the court determined that the bump stocks of the sort used by gunman Stephen Paddock to commit the murders, were "firearm components" rather than "firearm accessories" and were therefore subject to the Protection of Lawful Commerce in Arms Act (PLCAA), a federal law immunizing manufacturers and sellers of firearms from liability for harm "caused by those who criminally or unlawfully misuse firearm products".[106][107]

See also

Notes

  1. ^ a b Machineguns manufactured after May 1986 are illegal on the federal level, but pre-1986 ones remain legal in most states and are highly regulated. Since bump stocks were not invented until 2010, all existing supplies effectively become illegal if classified as a machinegun.

References

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  106. ^ Las Vegas Bump Stock Class Action Dismissed, Courthouse News Service (September 18, 2018).
  107. ^ Order, Prescott v. Slide Fire Solutions, LP, U.S. District Court for the District of Nevada, September 17, 2018.

March 03, 2023
bump, stock, examples, perspective, this, article, deal, primarily, with, united, states, represent, worldwide, view, subject, improve, this, article, discuss, issue, talk, page, create, article, appropriate, december, 2019, learn, when, remove, this, template. The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject You may improve this article discuss the issue on the talk page or create a new article as appropriate December 2019 Learn how and when to remove this template message Bump stocks or bump fire stocks are gun stocks with a mechanism for bump firing in which the recoil of a semi automatic firearm actuates the trigger to allow rounds to be fired in rapid succession in a manner somewhat similar to a fully automatic weapon A Slide Fire Solutions bump fire stock on a WASR 10 semiautomatic rifle The legality of bump stocks in the United States came under question 1 2 3 following the 2017 Las Vegas shooting in which 60 people were killed and 867 people injured 4 5 6 The gunman was found to have fitted them to his weapons 7 Several states passed legislation restricting ownership of bump stocks following this shooting and the Stoneman Douglas High School shooting 4 months later In December 2018 the United States Bureau of Alcohol Tobacco Firearms and Explosives ATF published an opinion that bump stocks constituted machine guns and thus were illegal under federal law This position was explicitly refuted by the federal Fifth Circuit Court of Appeals in January 2023 which stated that A plain reading of the statutory language paired with close consideration of the mechanics of a semi automatic firearm reveals that a bump stock is excluded from the technical definition of machine gun set forth in the Gun Control Act and National Firearms Act Cargill v Garland Contents 1 Bump fire stocks 1 1 History of regulation 1 2 Public opinion 2 Regulatory status in the United States 2 1 Federal 2 2 State 2 2 1 After the 2017 Las Vegas shooting 3 Federal lawsuits 3 1 Gun Owners of America 3 2 Guedes Firearms Policy Coalition and Codrea 3 3 Aposhian and Cargill 3 4 Takings Clause lawsuits 3 5 John Doe 3 6 U S v Alkazahg 4 State lawsuits 4 1 Florida 5 Patent infringement suit 6 Other lawsuits 7 See also 8 Notes 9 ReferencesBump fire stocks Edit A bump stock causes the trigger red to be actuated when the receiver moves forward being reset each round by receiver recoil This allows semi automatic firearms to somewhat mimic fully automatic weapons Bump fire stocks are gun stocks that are specially designed to make bump firing easier but do not make the firearm automatic 8 Essentially bump stocks assist rapid fire by bumping the trigger against one s finger as opposed to one s finger pulling on the trigger thus allowing the firearm s recoil plus constant forward pressure by the non shooting arm to actuate the trigger Bump fire stocks can be placed on a few common weapon platforms such as the AR or AK families They can achieve rates of fire between 400 and 800 rounds per minute depending on the gun 1 By 2018 bump fire stocks in the United States were sold for around 100 and up with prices increasing prior to enactment of federal regulation 1 9 Slide Fire Solutions the inventor patent holder and leading manufacturer of bump stocks suspended sales after bump stocks were used in the 2017 Las Vegas shooting and resumed sales a month later 10 11 On May 20 2018 95 days after the Stoneman Douglas High School shooting Slide Fire Solutions permanently halted sales and production of its products 12 History of regulation Edit In 2002 one of the first bump stock type devices the Akins Accelerator invented by Bill Akins was deemed by the US Bureau of Alcohol Tobacco Firearms and Explosives ATF to not be a machinegun The Akins Accelerator used an internal spring to force the firearm forward to re make contact with the trigger finger after the recoil of the previous shot pushed the firearm rearward 13 14 The ATF interpreted a single function of the trigger to mean a single movement of the trigger and since the trigger moved for each shot the Akins Accelerator was deemed to not be a machinegun 14 Later in 2006 the ATF reversed course and reinterpreted the language to mean single pull of the trigger which reclassified the Akins Accelerator as a machinegun The Eleventh Circuit Court of Appeals upheld the new interpretation in February 2009 15 More modern bump stocks were invented by Slide Fire Solutions founder Jeremiah Cottle as a replacement stock for people who have limited hand mobility Such bump stocks have no internal spring and require constant forward pressure by the non shooting arm in order to maintain continuous fire 14 Between 2008 and 2017 the ATF issued ten letter rulings that classified bump stocks as a firearm part which are unregulated 16 17 However in March 2018 as a result of the use of bump stocks in the 2017 Las Vegas shooting the U S Department of Justice announced a plan to reclassify bump stocks as machineguns under existing federal law effectively Note 1 banning them nationwide 18 19 Only two states had banned bump stocks prior to the Las Vegas shooting The final rule of the DoJ was issued on December 18 2018 20 21 Now as of March 26 2019 update bump stocks are illegal for almost all US civilians but multiple lawsuits are pending that challenge that rule In May 2019 the Offensive Weapons Act 2019 prohibited bump stocks in the UK 22 Public opinion Edit Immediately following the 2017 Las Vegas shooting 72 of registered voters supported a bump stock ban including 68 of Republicans and 79 of Democrats 23 A 2018 poll found 81 of American adults supported banning bump stocks with a margin of error of 3 5 24 A different poll around the same time found 56 of American adults supported banning bump stocks with a margin of error of 4 25 Regulatory status in the United States EditFederal Edit The ATF ruled in 2010 that bump stocks were not a firearm subject to regulation and allowed their sale as an unregulated firearm part 1 2 3 In the 2017 Las Vegas shooting twelve bump stocks were found at the scene 7 The National Rifle Association stated on October 5 2017 Devices designed to allow semi automatic rifles to function like fully automatic rifles should be subject to additional regulations and called on regulators to immediately review whether these devices comply with federal law 26 The 2017 shooting generated bipartisan interest in regulating bump stocks 27 On October 4 2017 Senator Dianne Feinstein introduced a bill to ban bump stocks 1 but it was not acted upon Instead on February 20 2018 President Trump instructed the ATF to issue regulations to treat bump stocks as machineguns 28 President Donald Trump blamed former President Barack Obama for having legalized bump stocks which he termed a BAD IDEA 29 a claim which was found to be partly erroneous by USA Today 30 On March 23 2018 at President Trump s request 29 the Department of Justice announced a plan to ban bump stocks at the federal level The proposed change would reclassify bump stocks as machineguns and effectively Note 1 ban the devices in the United States under existing federal law 18 A notice of proposed rulemaking was issued by the ATF on March 29 2018 and opened for public comments 19 31 Over 119 000 comments were submitted in support of the proposed rule while over 66 000 comments expressed opposition to it 21 On December 18 2018 the final regulation to ban bump stocks was issued by the Department of Justice and published in the Federal Register on December 26 16 21 32 The final rule states that bump stock type devices are covered by the Gun Control Act as amended under the Hughes Amendment which with limited exceptions makes it unlawful for any person to transfer or possess a machinegun unless it was lawfully possessed prior to 1986 Since the bump stock type devices covered by this final rule were not in existence prior to 1986 they would be prohibited when the rule becomes effective 21 The ban went into effect on March 26 2019 by which owners of bump stocks were required to destroy them or surrender them to ATF punishable by 10 years imprisonment and a 250 000 fine 21 33 State Edit Legality of bump stocks in the United States at the state level as of March 29 2019 it became illegal at the federal level Bump stocks legal Legality unclear Bump stocks illegalPrior to the federal ban effective March 26 2019 some states had taken action on their own to restrict ownership of the accessory Since 1990 the sale of bump stocks has been illegal in California They were banned in New York with the passage of the NY SAFE Act in 2013 and more explicitly banned in early 2019 34 The device s legal status is unclear in Connecticut Michigan Minnesota and Puerto Rico 35 After the 2017 Las Vegas shooting Edit In his final day as governor in January 2018 New Jersey Governor Chris Christie signed legislation making the gun accessory illegal in New Jersey 36 Massachusetts banned bump stocks after the 2017 Las Vegas shooting 11 In March 2018 following the Stoneman Douglas High School shooting Florida enacted SB 7026 which among other things banned bump stocks 37 38 The portion of the legislation banning bump stocks took effect in October 2018 possession in Florida is a third degree felony 39 Vermont passed a similar law in 2018 which went into effect in October 2018 possession in Vermont is a misdemeanor 40 Delaware 41 Hawaii 42 Maryland 43 Washington 44 Washington D C 45 and Nevada 46 have also banned bump stocks Some states that do not ban bump stocks may have localities that ban them such as Northbrook Illinois April 2018 47 Boulder Colorado May 2018 48 and others Federal lawsuits EditSeveral gun rights groups have challenged the federal regulation 49 50 Gun Owners of America Edit In December 2018 Gun Owners of America sued the federal government in the U S District Court for the Western District of Michigan challenging the bump stock ban 51 On March 21 2019 the group s request for a preliminary injunction was denied by the district court 52 The U S Court of Appeals for the Sixth Circuit and U S Supreme Court both denied a stay on the effective date of the regulation pending the appeal 53 Following oral argument in December 2020 the Sixth Circuit panel issued a 2 1 ruling in favor of the plaintiffs on March 25 2021 54 The majority decision written by Judge Alice M Batchelder and joined by Judge Eric E Murphy ruled that 1 an agency s interpretation of a criminal statute is not entitled to Chevron deference 2 bump stocks cannot be classified as machineguns thus the ATF s rule is not the best interpretation of the law and 3 the plaintiffs are likely to prevail in their challenge therefore the district court should have granted an injunction The court remanded the case back to the district court for proceedings in accordance with its opinion i e to issue an injunction 54 55 56 Judge Helene White dissented writing that the Supreme Court had previously applied Chevron deference to agency interpretations of criminal statutes in the cases of Babbitt v Sweet Home Chapter of Communities for a Great Oregon and United States v O Hagan 54 The appeals court granted an en banc petition on June 25 2021 57 and heard oral argument in October 2021 58 On December 3 2021 the court issued an 8 8 split decision thus leaving the district court s denial of a preliminary injunction in place 59 The Supreme Court declined to hear the case on October 3 2022 60 Guedes Firearms Policy Coalition and Codrea Edit The Firearms Policy Coalition and other gun rights groups sued in the federal district court in Washington D C also seeking an injunction 61 In February 2019 U S District Judge Dabney L Friedrich denied the Firearms Policy Coalition s request for an injunction determining that the group had not put forward convincing legal arguments that the ban was invalid 61 62 The U S Court of Appeals for the D C Circuit stayed the effective date of the regulation but only as applied to the plaintiffs and their members 63 A broader injunction was denied by the Supreme Court 64 On April 1 2019 the D C Circuit affirmed the district court s denial of a preliminary injunction in a per curiam decision based largely on Chevron deference The decision allowed the ban to go into effect for the plaintiffs Judge Karen L Henderson issued an opinion concurring in part and dissenting in part 63 A second stay application was denied by the Supreme Court on April 5 2019 with Thomas and Gorsuch indicating that they would have granted the application 65 66 The Supreme Court denied a petition for a writ of certiorari petition for review on March 2 2020 Gorsuch issued a statement agreeing that the time was not right for Supreme Court review but criticizing the D C Circuit s position and writing that Chevron s application in this case may be doubtful 67 The case then returned to the district court on the merits and in February 2021 the court granted summary judgment in favor of the government holding that Chevron deference applied that ATF had the authority to state that the NFA s definition of machinegun includes bump stocks and that ATF s interpretation of the statutory language was reasonable The court also rejected the plaintiffs Taking Clause and ex post facto clause claims as well as their claim that the underlying statutes were impermissibly vague 68 On August 9 2022 the D C Circuit Court of Appeals upheld the ban by reasoning that it was the best reading of the law without applying Chevron deference 69 70 Aposhian and Cargill Edit In 2019 W Clark Aposhian the chairman of the Utah Shooting Sports Council a gun rights group sued the ATF in the federal district court of Utah over the bump stock ban arguing that the promulgation of the regulation exceeded the ATF s statutory authority Aposhian is represented by the New Civil Liberties Alliance 71 72 The district court denied the plaintiffs request for a preliminary injunction to block the ban in March 2019 73 74 In March 2019 the U S Court of Appeals for the Tenth Circuit granted a temporary stay that applies only to the plaintiff 75 but ultimately upheld the denial of a preliminary injunction 76 In April 2019 in a divided opinion the Tenth Circuit denied the motion for a stay and a divided panel upheld the district court s ruling The appeals court granted review en banc i e by the full court but ultimately dismissed the grant of en banc rehearing as improvidently granted allowing the panel decision and thus the bump stock ban to stay in place 76 77 The Supreme Court declined to hear the case on October 3 2022 78 An Austin Texas gun rights activist Michael Cargill sued ATF in 2019 in the U S District Court for the Western District of Texas similarly challenging the authority of the agency to classify bump stocks as illegal machine guns Cargill is also represented by the New Civil Liberties Alliance 71 79 80 The district court dismissed the suit in November 2020 71 On December 14 2021 a unanimous three judge panel on the U S Court of Appeals for the Fifth Circuit upheld the ban 81 On June 23 2022 the court vacated the decision and took the case en banc Oral argument was heard on September 12 2022 82 On January 6 2023 the court s full panel ruled that bump stocks are not machine guns and reversed the district court 83 Takings Clause lawsuits Edit In June 2018 the group Maryland Shall Issue filed a putative class action lawsuit in the federal district court in Maryland challenged 2018 Maryland Senate Bill 707 which banned rapid fire trigger activators 84 the plaintiffs alleged that the ban was an unconstitutional taking requiring just compensation among other challenges In November 2018 the district court dismissed the case 85 In June 2020 the U S Court of Appeals for the Fourth Circuit affirmed the dismissal of the suit in a 2 1 vote 86 87 In May 2021 the Supreme Court declined to hear the case 88 89 Two similar lawsuits were filed in the United States Court of Federal Claims challenging the federal bump stock ban one filed by bump stock owners McCutchen the other by bump stock suppliers Modern Sportsman and RW Arms Both were dismissed 90 91 92 93 In the latter case the court held that the ATF Final Rule banning bump stocks was promulgated pursuant to the police power to protect public safety and therefore not a compensable taking under the Fifth Amendment 93 Both cases were unsuccessfully appealed to the Court of Appeals for the Federal Circuit En banc petitions were denied and the Supreme Court denied review 94 In another case filed in the District Court for the Northern District of Texas the government failed to have the case dismissed but was given another opportunity to argue so However the case is now stayed pending the outcome of McCutchen and Modern Sportsman 95 Another challenge filed in the District Court for the Western District of Kentucky was unsuccessful 96 The Sixth Circuit Court of Appeals will hear the case on January 19 2023 John Doe Edit A class action lawsuit filed in the U S District Court for the Southern District of Illinois seeking immunity for legal purchasers of bump stocks prior to the ATF rule change was denied by the court in June 2020 97 On October 31 2022 the United States Court of Appeals for the Federal Circuit upheld the ban 98 U S v Alkazahg Edit The Navy Marine Corps Court of Criminal Appeals ruled on September 7 2021 that a bump stock does not fall under the definition of a machinegun The ruling was not appealed by the government 99 State lawsuits EditFlorida Edit Florida banned bump stocks in October 2018 A class action lawsuit challenging the ban as an unconstitutional taking requiring just compensation was unsuccessful in the Leon County circuit court in May 2019 100 and in the 1st District Court of Appeal in January 2021 101 Patent infringement suit EditSlide Fire Solutions filed suit against Bump Fire Systems for infringement of its patents on bump stock designs in 2014 102 The suit alleged that Bump Fire Systems infringed eight US Patents for example United States Patent No 6 101 918 entitled Method And Apparatus for Accelerating the Cyclic Firing Rate of a Semi Automatic Firearm 103 and United States Patent No 8 127 658 entitled Method of Shooting a Semi Automatic Firearm 104 The suit was settled in 2016 resulting in Bump Fire Systems ceasing manufacture of the product in contention 105 Other lawsuits EditSurvivors of the 2017 Las Vegas shooting sued bump stock patent holder and manufacturer Slide Fire Solutions claiming the company was negligent and that they deliberately attempted to evade U S laws regulating automatic weapons this horrific assault would not and could not have occurred with a conventional handgun rifle or shotgun of the sort used by law abiding responsible gun owners for hunting or self defense 12 The suit was dismissed in September 2018 the court determined that the bump stocks of the sort used by gunman Stephen Paddock to commit the murders were firearm components rather than firearm accessories and were therefore subject to the Protection of Lawful Commerce in Arms Act PLCAA a federal law immunizing manufacturers and sellers of firearms from liability for harm caused by those who criminally or unlawfully misuse firearm products 106 107 See also EditGlock Switch Gun politics in the United States Hell Fire trigger Recoil operation SlamfireNotes Edit a b Machineguns manufactured after May 1986 are illegal on the federal level but pre 1986 ones remain legal in most states and are highly regulated Since bump stocks were not invented until 2010 all existing supplies effectively become illegal if classified as a machinegun References Edit a b c d e The bump stocks used in the Las Vegas shooting may soon be banned The Economist 6 October 2017 a b Krouse William J 10 October 2017 Gun Control Bump Fire Stocks PDF Washington D C Congressional Research Service Retrieved 12 December 2017 a b Peck Sarah Herman 11 April 2018 ATF s Ability to Regulate Bump Stocks PDF Washington DC Congressional Research Service Retrieved 18 April 2018 Lacanlale Rio 24 August 2020 California woman declared 59th victim of 2017 massacre in Las Vegas The Las Vegas Review Journal Retrieved 27 August 2020 Lacanlale Rio 17 September 2020 Las Vegas woman becomes 60th victim of October 2017 mass shooting The Las Vegas Review Journal Retrieved 17 September 2020 LVMPD Criminal Investigative Report of the 1 October Mass Casualty Shooting PDF Retrieved 13 March 2020 via www lvmpd com a b What Is a Bump Stock and How Does It Work The New York Times 20 February 2018 October 4 2017 Chavez Nicole Bump stock The device found on Las Vegas shooter s guns CNN Retrieved 6 October 2017 Berr Jonathan Bump stock prices soar ahead of potential federal ban CBS News Retrieved 11 April 2018 Mann Brian 7 November 2017 Bump Stock Manufacturer To Resume Sales Of Controversial Device All Things Considered NPR Retrieved 24 July 2018 a b Lartey Jamiles 7 November 2017 Leading bump stock maker briefly makes product available again The Guardian Retrieved 24 July 2018 a b Romo Vanessa 18 April 2018 Bump Stock Manufacturer Is Shutting Down Production NPR Retrieved 24 July 2018 Inventor of bump stock spent years fighting for device and lost Reuters 6 October 2017 Retrieved 1 April 2019 a b c GUEDES v ATF PDF Akins v US a b Bump Stock Type Devices Federal Register 26 December 2018 Retrieved 27 March 2019 Hsu Tiffany 5 October 2017 Bump Stock Innovator Inspired by People Who Love Full Auto The New York Times ISSN 0362 4331 Retrieved 27 March 2019 a b Sessions effectively bans bump stocks Axios 23 March 2018 Retrieved 24 March 2018 a b Horwitz Sari 23 March 2018 Justice Department proposes banning bump stocks branding them machine guns Washington Post ISSN 0190 8286 Retrieved 24 March 2018 US officially bans bump stocks on guns BBC News 19 December 2018 Retrieved 19 December 2018 a b c d e Savage Charlie 18 December 2018 Trump Administration Imposes Ban on Bump Stocks New York Times 54 Prohibition of certain firearms etc England and Wales and Scotland Legislation gov uk Retrieved 24 June 2019 Sanger Katz Margot Bui QuocTrung 12 October 2017 A Bump Stock Ban Is Popular With the Public The New York Times Retrieved 24 July 2018 Khalid Asma 2 March 2018 NPR Poll After Parkland Number of Americans Who Want Gun Restrictions Grows Morning Edition NPR Retrieved 24 July 2018 Poll Support for stricter gun laws rises divisions on arming teachers CBS News 23 February 2018 Retrieved 24 July 2018 Las Vegas shooting NRA urges new rules for gun bump stocks BBC News 5 October 2017 Retrieved 5 October 2017 Connolly Griffin 5 October 2017 House GOP Shows Overwhelming Interest in Bipartisan Bump Stock Bill Rollcall com Carter Brandon 20 February 2018 Trump to take steps to ban bump stocks The Hill Retrieved 20 February 2018 a b Dan Merica Trump moves closer to banning bump fire stocks CNN March 23 2018 Accessed March 10 2021 Cummings William Trump blames Obama for legalizing bump stocks in a tweet Is he right USA TODAY Retrieved 25 May 2022 Regulations gov Regulations gov Retrieved 31 March 2018 Bump Stock Type Devices 83 Fed Reg 66 514 Dec 26 2018 Owen Tess 26 March 2019 Owning a bump stock can now get you 10 years in prison Vice News Retrieved 27 March 2019 Wang Vivian McKinley Jesse 29 January 2019 New York Passes First Major Gun Control Bills Since Sandy Hook The New York Times ISSN 0362 4331 Retrieved 1 August 2019 Where are bump fire stocks illegal Feds states weigh bans after Las Vegas shooting CBS News N J bans gun device used in Las Vegas shooting after Christie signs bill NJ com 15 January 2018 Florida Senate passes bill raising age to buy guns CNN Athena Jones Darran Simon and Carolyn Sung Retrieved 8 March 2018 The NRA sued to block Florida s new gun law hours after it was passed Vox Retrieved 13 March 2018 Sampson Zachary T 8 February 2018 Bump stocks have been banned for months in Florida but is anyone listening Tampa Bay Times McCullum April 24 September 2018 Vermont gun laws What to know about new bump stock ban Burlington Free Press Delaware s bump stock ban to take effect after buyback events WHYY Retrieved 22 November 2018 Hawaii lawmakers pass bump stock ban Associated Press Retrieved 28 April 2018 Ban On Bump Stocks Among New Gun Regulations In Maryland WAMU Retrieved 28 April 2018 Inslee signs bill to ban bump stock devices like those used in the Las Vegas shooting Office of Governor Jay Inslee Retrieved 28 April 2018 DC Council approves stronger gun laws WUSA Retrieved 1 July 2019 Nevada Gov Sisolak signs gun control bill into law Las Vegas Review Journal 14 June 2019 Retrieved 16 June 2019 Kukulka Alexandra Northbrook bans bump stocks throughout village concealed carry in businesses where alcohol consumed chicagotribune com Retrieved 22 June 2018 Gstalter Morgan 17 May 2018 Boulder City Council votes to ban assault style weapons TheHill Retrieved 24 June 2018 Balsamo Michael 18 December 2018 Trump administration moves to ban bump stocks Associated Press Retrieved 18 December 2018 Gun Rights Activists Are Already Suing Over Trump s Bump Stock Ban BuzzFeed News 18 December 2018 Martin Gary 28 December 2018 Gun lobby files lawsuit challenging Trump s bump stock ban Las Vegas Review Journal Gun Owners of America v Barr 363 F Supp 3d 823 W D Mich 2019 U S Supreme Court refuses to block Trump s gun bump stock ban Reuters 28 March 2019 a b c Gun Owners of America Inc v Garland 992 F 3d 446 6th Cir 2021 Brian Flood Federal Bump Stock Ban Blocked by Divided Appeals Court Bloomberg Law March 25 2021 Accessed March 26 2021 Trump s Bump Stock Ban Just Lost Big in Federal Court Reason com 26 March 2021 Retrieved 27 March 2021 Sixth Circuit Takes Bump Stock Case En Banc Reason com 25 June 2021 Retrieved 28 June 2021 Full Sixth Circuit takes up legality of bump stocks www courthousenews com Archived from the original on 20 October 2021 Retrieved 4 November 2021 Split en banc decision on bump stocks is a win for feds www courthousenews com Archived from the original on 3 December 2021 Retrieved 18 January 2022 Docket for 21 1215 www supremecourt gov Retrieved 14 March 2022 a b Flynn Meagan 26 February 2018 Bump stock ban enacted by Trump administration can stand federal judge rules Washington Post Guedes v Bureau of Alcohol Tobacco Firearms amp Explosives 356 F Supp 3d 109 D D C 2019 a b Guedes v Bureau of Alcohol Tobacco Firearms and Explosives 920 F 3d 1 D C Cir 2019 Docket for 18A964 www supremecourt gov Retrieved 4 August 2021 Guedes v Bureau of Alcohol Tobacco Firearms amp Explosives 139 S Ct 1474 mem 2019 Thomsen Jacqueline 5 April 2019 Supreme Court rejects bid from gun rights groups to delay bump stock ban The Hill Retrieved 5 April 2019 Guedes v Bureau of Alcohol Tobacco Firearms amp Explosives 140 S Ct 789 mem 2020 Guedes v Bureau of Alcohol Tobacco Firearms amp Explosives No 18 cv 2988 DLF D D C Feb 19 2021 Pierson Brendan 10 August 2022 ATF beats back gun rights groups challenge to bump stock ban Reuters Retrieved 12 August 2022 Sullum Jacob 10 August 2022 D C Circuit upholds the bump stock ban Reason com Retrieved 12 August 2022 a b c Romboy Dennis 27 January 2021 Utah gun advocate still fighting to overturn federal bump stock ban Deseret News Fink Jenni 17 January 2019 Gun rights advocate sues Trump administration over bump stock ban Newsweek Judge denies Utah gun enthusiast s attempt to block federal rule banning bump stocks www ksl com Retrieved 18 March 2019 Federal judge denies Utah gun enthusiast s attempt to halt the upcoming deadline on bump stock ban The Salt Lake Tribune Retrieved 18 March 2019 Imlay Ashley 21 March 2019 Utah gun enthusiast granted temporary stay of bump stock ban DeseretNews com Retrieved 22 March 2019 a b Amanda Pampuro 10th Circuit Backs Out of Opening Phase of Fight Over Bump Stock Ban Courthouse News Service March 5 2021 Martina Barash 5 March 2021 Bump Stock Ban Stays in Place as Appeals Court Drops Bloomberg Law Docket for 21 159 www supremecourt gov Retrieved 14 September 2021 Gun rights activist Michael Cargill files lawsuit surrenders bump stocks KXAN 25 March 2019 Retrieved 26 March 2019 Flores Christian 25 March 2019 With bump stock ban taking effect Austin man plans on fighting ATF in court KEYE Retrieved 26 March 2019 Garza Erik 15 December 2021 Fifth Circuit upholds federal ban on bump stocks Courthouse News Service Retrieved 2 January 2022 5th Circ Grants En Banc Hearing On ATF s Bump Stock Ban Law360 www law360 com Retrieved 1 July 2022 20 51016 PDF Maryland SB707 2018 Regular Session Maryland General Assembly Retrieved 18 May 2021 via LegiScan Brandi Buchman 19 November 2018 Federal Court Tosses Challenge to Maryland Ban on Bump Stocks Courthouse News Service Retrieved 18 May 2021 Williams Erika 30 June 2020 Fourth Circuit Upholds Maryland s Ban on Rapid Fire Trigger Devices Courthouse News Service Archived from the original on 30 June 2020 Retrieved 18 May 2021 Kunzelman Michael Federal appeals court upholds Maryland s ban on bump stocks Baltimore Sun Retrieved 18 May 2021 Docket for 20 855 www supremecourt gov Retrieved 18 May 2021 Supreme Court won t take Maryland bump stock ban case Associated Press 3 May 2021 Maher Ann Bump stock class action seeks compensation for government s taking of property madisonrecord com Retrieved 14 March 2019 Brief Bump Stocks Courthouse News Service September 24 2019 Anapol Avery 9 April 2019 Gun company sues US over bump stock ban claiming 20M in losses TheHill Retrieved 30 November 2019 a b Jake Charles Litigation Highlight No Compensation for Bump Stock Owners Duke Center for Firearms Law October 25 2019 Docket for 22 25 www supremecourt gov Retrieved 14 November 2022 Docket for Lane v United States 3 19 cv 01492 CourtListener com CourtListener Retrieved 14 September 2021 Hardin v Bureau of Alcohol Tobacco Firearms and Explosives et al No 3 2019cv00056 Document 35 W D Ky 2020 Justia Law Retrieved 14 September 2021 Gvillo Heather Isringhausen Yandle denies injunctive relief in bump stock class action Madison St Clair Record Retrieved 20 May 2021 Doe v Biden PDF UNITED STATES v Ali ALKAZAHG PDF Archived PDF from the original on 10 September 2021 Florida bump stock ban lawsuit tossed out WPTV 16 May 2019 Retrieved 24 May 2021 Florida News Service of 28 January 2021 Lawsuit over Florida bump stock ban rejected WJXT Retrieved 24 May 2021 Case 3 14 cv 03358 M Document 1 Filed 09 16 14 retrieved 3 October 2017 US patent 6101918 William Akins Method and apparatus for accelerating the cyclic firing rate of a semi automatic firearm published Aug 15 2000 assigned to William Akins US patent 8 127 658 Jeremiah Cottle Method of shooting a semi automatic firearm published March 6 2012 assigned to Slide Fire Solutions Inc Slide Fire Solutions forces Bump Fire Systems Out Of Business Guns com Las Vegas Bump Stock Class Action Dismissed Courthouse News Service September 18 2018 Order Prescott v Slide Fire Solutions LP U S District Court for the District of Nevada September 17 2018 Retrieved from https en wikipedia org w index php title Bump stock 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