Legislative Update – Bump Stocks

Florida Gun Owners, this is an important reminder that Effective October 1, 2018, section 790.222, Florida Statutes, goes into effect: 

790.222 entitled Bump-fire stocks prohibited. Reads —A person may not import into this state or transfer, distribute, sell, keep for sale, offer for sale, possess, or give to another person a bump fire stock. A person who violates this section commits a felony of the third degree. 

The new law goes on to define the term “bump fire stock” to mean a conversion kit, a tool, an accessory, or a device used to alter the rate of fire of a firearm to mimic automatic weapon fire or which is used to increase the rate of fire to a faster rate than is possible for a person to fire such semiautomatic firearm unassisted by a kit, a tool, an accessory, or a device. 

Reading the definition should cause concern. It is so vague that it could include almost any modification to your firearm.  There are many items sold that can accelerate the rate of fire of a semi-automatic firearm, including both handguns and rifles without making them automatic weapons: 

It can be argued that lightening the pressure necessary to pull the trigger increases the rate of fire to a faster rate than possible unassisted by a kit, tool, accessory or device.  Until a court rules on this, understand that you may become the test case if you modify your firearm to fire more easily by decreasing the pressure necessary. 

Other accessories include, but are certainly not limited to: 

Traditional Bump stocks
Crank fire devices
Binary triggers
and many more commercially available conversion kits or devices 

It is important to note that there is no grandfathering provision to the new law, which means that if you already own such an item or altered firearm, YOU MUST get rid of it prior to October 1, 2018.  You can transfer it lawfully, destroy it, or some local law enforcement agencies are allowing you to turn it in to them for destruction.  However you get rid of it, you must do so prior to October 1, 2018. 

David S. Katz

About Expert Firearm Attorney David Katz. David Katz is an Expert Firearm Attorney and has been practicing law for over 14 years. He began his career as a prosecutor in Seminole County, Florida.   There, he gained invaluable experience analyzing how...
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