Florida Bump Stock Laws

bump stock possession defense attorney

The right to bears arms protected under the Second Amendment of the U.S. Constitution. To some people, this translates into having the freedom to possess, brandish and customize their firearms as they please. However, that is not the case. State and federal laws regulate the types of guns and gun accessories individuals can own, and recent legislation has led to the outlawing of bump stocks in Florida and at a federal level. Those caught with bump stocks can face criminal prosecution and lengthy prison sentences.

The Orlando gun crime defense lawyers at The Umansky Law Firm are seasoned criminal defense attorneys with experience representing individuals facing a range of gun crimes. It can be difficult to keep up with gun laws when they continuously change, especially if you are someone who has recently relocated to Florida and is unaware of state-specific laws. We are here to protect your rights and fight to have charges lessened or even dismissed if possible.

What are Bump Stocks?

Bump stocks, legally known as “multi-burst trigger activators,” are attachments that allow semi-automatic weapons to function like fully automatic weapons. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) explained that the attachment allows normal guns to have a “cyclic firing rate to mimic nearly continuous automatic fire.” Firearms with bump stocks can fire hundreds of rounds in a minute.

A bump stock can come in two common forms:

  • A trigger-activating device (manual or powered) designed to increase the rate of fire of a semi-automatic firearm when attached
  • A device constructed to attach to a semi-automatic firearm allowing the gun to fire shots in a burst by activating the device

Bump Stock Legality in Florida

Bump stocks were initially ruled as a firearm part not subjected to any regulations by the ATF in 2010. After the Las Vegas mass shooting in 2017, however, where authorities found a dozen firearms equipped with bump stocks in the hotel room of the shooter, the National Rifle Association (NRA) announced:

“Devices designed to allow semi-automatic rifles to function like fully-automatic rifles should be subject to additional regulations.”

On March 12, 2018, Florida passed a law that made the possession of a bump stock a third-degree felony. This law went into effect on October 1, 2018. On a national platform, the Department of Justice (DOJ) announced that as of March 26, 2019 bump stocks would be regulated like machine guns, making owning one a federal crime.

Orlando Firearms Defense Lawyers

Third-degree felonies in Florida are punishable by up to five years in prison or five years probation and $5,000 in fines. State charges, however, could be the least of your worries as bump stock illegality extends to federal laws. Someone who isn’t up to date on the development of gun laws can easily find themselves under arrest for possessing bump stocks. In such an instance, you’ll require legal counsel from knowledgeable criminal defense attorneys.

Our team of Orlando gun crime lawyers at The Umansky Law Firm is equipped to handle your case. We can analyze the facts of your case, discuss your legal options, and pursue the most appropriate defense for your charges. Some of the most effective defenses to bump stock charges include:

  • You were transferring the gun to law enforcement for destruction
  • The bump stock was found as a result of an illegal search
  • You were unaware that the bump stock was in your possession
  • The bump stock belonged to someone else
  • Police misconduct resulted in the discovery of the bump stock

Discover the full extent of your legal defense options today. Contact us at 407-228-3838 for a free case evaluation.