Possessing, manufacturing or lending someone a bump stock is illegal in California.
After the mass shooting in Las Vegas in fall 2017 and again after the shooting at the high school in Parkland, Florida in February 2018, the topic of gun control is a subject of national debate. While most of the country is fiercely arguing over whether certain types of weapons and accessories should be banned, California has already enacted numerous laws that subject its citizens to criminal charges for the use or possession or certain items.
This includes “bump stocks,” which are also known as multi burst trigger activators. Bump stocks are a gun accessory that increase the rate at which semiautomatic rifles can fire. They first came to prominence in the wake of the Las Vegas shooting, after it was revealed that the gunman used a bump stock to fire off more than 1,100 rounds of ammunition in approximately ten minutes. The shooting left 58 people dead and injured 851 people.
In California, possessing, manufacturing, importing or lending someone a bump stock is against the law. It can be charged as either a misdemeanor offense, punishable by up to one year in jail, or as a felony, punishable by up to three years in jail. Although the possession of bump stocks is currently legal under federal law, these accessories have been illegal in California since 1990.
There are certain exceptions in California law for people who may lawfully possess a bump stock. Historical societies and museums can possess bump stocks. The entertainment industry can also utilize bump stocks — authorized participants in a movie, television show or video production are allowed to posses them. In addition, the people who sell or rent bump stocks to museums and the entertainment industry can legally possess bump stocks. Finally, law enforcement personnel can possess bump stocks.
As an experienced criminal defense attorney San Bernardino, CA can explain, potential defenses to a charge of possessing a bump stock will depend on the specific facts of the case. If a defendant was legally permitted to own a bump stock, then that can be used as a defense. Similarly, if a person only had a bump stock in his or her possession in order to take it to the police to be disposed of, a criminal defense attorney San Bernardino, CA can argue that the charges should be dropped. If a defendant did not know that the bump stock was in his or her possession — for example, if a friend left it in his car — then that could be used as a defense as well. Along the same lines, if the bump stock belonged to someone else, a knowledgable criminal defense attorney San Bernardino, CA can use that fact to argue that the charges should be dropped.
Possession of a bump stock can lead to significant jail time. As such, anyone charged with this offense or a related California gun offense should hire a top notch criminal defense attorney San Bernardino, CA to represent them. The Chambers Law Firm offers high quality legal representation to people charged with crimes in San Bernardino and the surrounding areas. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation or to learn more.
