Bump Stock Laws in California

What Are the Bump Stock Laws in California?

A bump stock is a modification to a firearm that manipulates the stock, trigger and grip on a semi-automatic rifle, using recoil to manipulate the trigger to fire at an accelerated rate of speed when held.

What is a Bump Stock?

Bump stocks legally define as a “multiburst trigger activator” and can be one of two things:

1. “A device designed or redesigned to be attached to a semi-automatic firearm, which allows the firearm to discharge two or more shots in a burst by activating the device; or
2. A manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it increases the rate of fire of that firearm.”

This device replaces the stock on the firearm with a “reciprocating stock” that stays planted against your shoulder and firmly holding the barrel, the recoil of the firearm moves the trigger back and forth against the weight of your finger, mimicking the automatic rate of fire. Bump stocks were the famous modification used during the Las Vegas strip shooting in 2017.

Penal Code 32900 forbids the use of “multiburst trigger activators” in California. California can prosecute possession of any accessory that increases the rate of fire for semi-automatic rifles as a misdemeanor or felony.

What happens if you get caught with a bump stock in California?

Despite the fact that bump stocks are banned by California state law, there are still detections of such devices in the possession of citizens. It is important to understand how the law works in these situations. Also important to know the consequences of possessing a bump stock. It is not uncommon for law enforcement to find such devices during a search. Or during an inspection related to other violations. However, even if a bump stock is found accidentally, the charges can be extremely serious.

What Are the Defenses for Possessing a Bump Stock?

There are many ways to fight against a Bump Stock charge.

One defense is proving the defendant was in lawful possession of the bump stock. A defense could argue the defendant possessed the bump stock while taking it to law enforcement for disposal. Ignorance of possession or not being the owner of the bump stock also leaves room for charges to be dropped.

One of the best defenses is through police misconduct. If law enforcement obtained the bump stock through illegal search, coerced confession, or planted evidence, the court may dismiss charges.

Confusion About Bump Stocks and Rifles

Bump Stocks do not convert semi-automatic rifles into automatic ones, although they allow a semi-automatic rifle to fire like an automatic one. Under federal law, Attorney General Mathew Whitaker signed a bill defining weapons with bump stocks as machine guns. You may however legally own a bump stock in California if:

• It is in the possession of a historical society or museum.
• Authorized use for a movie or video production.
• You are someone who sells or rents bump stocks to museums or entertainment productions.
• You are law enforcement.

Potential Consequences and Defenses

If a person is charged with possession of a bump stock, the punishment will depend on the circumstances of the case. In some cases, the charge may qualify as a misdemeanor. This can result in a fine and up to one year in county jail. However, if there are aggravating circumstances such as:

• possessing an unregistered gun
• having a prior conviction

Los Angeles Criminal Defense Attorney

For more information about bump stock laws and to schedule your free consultation, contact Los Angeles Criminal Defense Attorney at KAASS LAW at (310) 943-1171. We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205 with additional offices in Los Angeles located at 633 West 5th St., 26th Floor, Los Angeles, CA 90071.