Bump Stocks – Law Office of William J. Barabino
On February 1, 2018, Massachusetts banned bump stocks and trigger cranks. It was not the first state to outlaw these firearm attachments. Today, 12 of the 50 states have made it illegal to purchase, sell, or possess a bump stock and a national ban is currently being challenged in court. For people who own or are interested in owning a firearm, understanding the change in the law is important.
What is a bump stock?
A bump stock is a device attached to the part of a rifle held against the shoulder (i.e., the stock) that allows the gun to slide back and forth quickly when it is fired. The effect of the “bumping” stock is that the rifle fires at a faster rate than usual. It allows a semi-automatic weapon to fire at almost the same rate as a machinegun.
If you are searching for the legal definition of a bump stock, General Laws Chapter 140, Section 121 provides it. A bump stock is “any device for a weapon that increases the rate of fire achievable with such weapon by using energy from the recoil of such weapon to generate a reciprocating action that facilitates repeated activation of the trigger.”
What is a trigger crank?
A trigger crank serves a purpose very similar to that of a bump stock. It is also a firearm attachment used to make a rifle fire at a faster rate than it ordinarily would. Specifically, a trigger crank is a lever on a gun that when turned in a circular motion causes the trigger of the rifle to be pulled rapidly.
Like bump stock, trigger crank also has a legal definition in Chapter 140, Section 121 of the Massachusetts General Laws. A trigger crank is “any device to be attached to a weapon that repeatedly activates the trigger of the weapon through the use of a lever or other part that is turned in a circular motion.”
Importantly, a rifle with a trigger crank included as part of the original design of the rifle does not qualify. In other words, a rifle only has a trigger crank for legal purposes when it is attached to a rifle by a person who is not the designer or manufacturer. Buying, selling, or possessing a rifle with a trigger crank added by the designer or manufacturer does not count as possessing an unlawful trigger crank.
Why did Massachusetts outlaw bump stocks and trigger cranks?
The Massachusetts legislature enacted the bump stock and trigger crank ban in response to a 2017 Las Vegas shootingwhich killed 58 people and wounded hundreds. The gunman responsible used a bump stock during the attack.
In 2018, former President Donald Trump directed the Attorney General to ban all devices “that turn legal weapons into machineguns.” Under the direction of the Attorney General, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (also known as ATF) took action and implemented a rule reclassifying firearms with bump stocks as machineguns. The rule is currently being challenged in court. Opponents are not arguing that the rule violates the Second Amendment but instead that it goes beyond ATF’s authority. They say that a firearm with a bump stock is not a machinegun and since ATF can only regulate machineguns, ATF had no authority to act the way that it did.
The outcome of the legal battle over the ATF rule will help determine if bump stocks become illegal not only in Massachusetts but across the whole US.
What is the punishment in Massachusetts for violating the ban?
The law has been changed so that any person in Massachusetts who sells, buys, or possesses a bump stock or trigger ban could be charged with unlawful possession of a machine gun and punished severely. The penalty is a minimum of 18 months jailtime up to imprisonment for life.
Although it is always illegal in Massachusetts now to buy, sell, or possess a bump stock or trigger crank, it is still possible to obtain a license to possess or carry a machinegun in the state. However, the circumstances are extremely limited. The only people who can lawfully obtain this type of license are:
- Police firearms instructors
- Bona fide firearms collectors
A person who qualifies as a federal curios and relics collector qualifies as a bona fide collector. A curio and relics firearm is a firearm that meets any of these descriptions:
- A firearm that was manufactured at least 50 years ago and is not a replica
- A firearm that has been certified by a museum curator as a curio and relic
- A firearm that derives a significant portion of its monetary value from the fact that it is “novel, rare, bizarre, or because of [its] association with some historical figure, period, or event”
Why is it important that I know this information?
All firearm owners need to be aware of the laws and regulations on firearms ownership. This is especially true in Massachusetts, a state where there are many limits on gun use and ownership. If you are a Massachusetts gun owner and have any doubt that you might not be complying with the law, you should contact an experienced criminal defense attorney who understands Massachusetts firearms law.
IF YOU OR A LOVED ONE ARE CHARGED WITH A FIREARMS CRIME, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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