Why You Still Can’t Possess Bump Stocks in Certain States By:


Last Friday, the Supreme Court overturned the federal bump stock ban in the case of Cargill v. Garland.

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The Court found the ATF’s ban unlawful, which brought significant changes to many states. However, this ruling does not affect Washington State, where bump stocks remain illegal.

William Kirk, President of Washington Gun Law, explained the situation.

He noted that while the decision was a great victory for states like Arkansas, Mississippi, Louisiana, Texas, and Tennessee, where people can now legally purchase bump stocks, it remains a no go in Washington.

Kirk detailed the state’s legal stance, stating:

But here’s the big thing, Washington, and this is why the Cargill ruling really will have absolutely zero application to us for the time being. You see, back in 2019, when the Trump Administration was actually turning the ATF loose like some rabid attack dog to go out and write new rules to just turn people into felons overnight – never a good idea – the State of Washington instead did it the old-fashioned way. They just got their state legislature to shove that legislation down your throat. RCW 9.41.190, which has traditionally listed the firearms which are prohibited to possess in Washington State, was amended in 2019 to add bump stocks.

He goes on to explain:

The statute now reads as follows: except as otherwise provided in this section, it is unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control any machine gun, bump fire stock, undetectable firearm, short barrel shotgun, or short barrel rifle.

So what the State of Washington has basically done is defined what a bump stock is and used pretty accurate language to describe that device and then basically said, ‘Hey, listen, the possession of those devices standing alone is unlawful,’ and did so through the actual legislative process.

In summary, Washington’s bump stock ban remains intact despite the Supreme Court’s decision. The state’s clear legislative definitions and processes ensure the ban’s continued enforcement.

Not sure if bump stocks are legal in your state now? Make sure to check your state’s laws to find out. Laws obviously vary from state to state so don’t take any chances!

That said, USNews recently reported that there are bump stock bans in 16 states and D.C. That article might be a good place to start your research!

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