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.
Bump Stocks are legally defined as a “multiburst trigger activator” which can be one of two things:
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. Possession of any type of accessory that increases the rate of fire for semi-automatic rifles in California can be prosecuted by a misdemeanor or felony.
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. Another defense would be that the defendant was in possession of 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. Where the bump stock was obtained through illegal search and seizure, a coerced confession or planted evidence.
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:
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.
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