Estimated reading time: 2 minutes
Last Friday, the Supreme Court overturned the federal bump stock ban in the case of Cargill v. Garland.
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.
SEE ALSO: SAF Sues Over Post Office Gun Ban
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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Am I reading the law correctly to say that the original bump stock that comes with a 556 is illegal in WA state? Isn’t there a length size that this law applies to or does it really apply to ALL bump stocks??
Bump stocks are legal. I’m fully convinced this is a correct decision. That being said, I won’t own one. I just can’t see a reason to waste a buttload of ammunition just for ”fits and shiggles”. But hey, if that’s your thing, go for it and have fun.
“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” This is a bull-shit call, Mr. Trump hater! I’ve been an FFL for over thirty years, and the only admins that I recall doing what you say were the Clinton, Obama, and Biden administrations. You should be ashamed for the underhanded remark.
Wayne Baker
The Second Amendment Firearms Emporium
Palmyra, VA
Time to change the ending of the Pledge of Allegiance to “with liberty and justice for SOME”, not ALL! GD ALL COMMUNIST DEMOCRATS!!!
Lol, blame trump idiot
I’m sure, correction, I know for a fact, like in the state of Washington, they’re also still banned here in the democRAT controlled and run shithole that is Illinois.
The SCOTUS really needs to take up, hear and then rule on 1 of the 4 Illinois cases that have been re-listed!!!
If the bumpstock can be outlawed against the Supreme court anything else can be also. I’m surprised you have firearms there.
If the Second Amendment was designed to protect American citizens from a tyrannical government then reasonably a citizen should be able to possess and use any weapon that the forces of the tyrannical government would be able to use against them. The only limiting factor would be the ability to afford any particular weapon.
Washington State Governor Jay Inslee (D) said that the regulation remains on the books despite Friday’s US Supreme Court ruling.
“Today’s Supreme Court ruling doesn’t change WA’s ban on bump stocks. WA has taken bold action to minimize the threat of mass shootings, affirming we don’t condone weapons with the sole purpose of killing as many people as possible, as quickly as possible,” Inslee said.
Many Washington State residents consider Inslee to be a tyrant. Remember the fake pandemic emergency?!
“If the Second Amendment was designed to protect American citizens from a tyrannical government then reasonably a citizen should be able to possess and use any weapon that the forces of the tyrannical government would be able to use against them. The only limiting factor would be the ability to afford any particular weapon.”
Michael, you are 110 percent correct! Quote: “. . . keep and bear >arms<" . . ." Not pistols, not swords, not revolvers, not rifles, "ARMS." The definition of "arms" can vary based on the legal, military, or technical context, but broadly speaking, "arms" refer to instruments of combat and defense used by individuals or groups, i.e., nations and/or governments.
And of course arms was the perfect terminology, could you imagine if the FF said to keep and bear muskets and pistols? As you note, arms also includes passive defense items such as body armor et cetera. Yet somehow, Illinois Governor Pritzker has banned body armor even though there was already good laws on the books prior to his power grab. In Chicago as the summer heat ups the city warfare, it is a common occurance of around 70 people being shot in the city on just one weekend but wearing body armor is against the law in almost every circumstances.
States can’t violate the Bill of Rights any more that the FedGov can. This is unconstitutional as a state restriction too.
I’m all for our gun rights, always have been, and always will. But will someone please tell me exactly what a damn bump stock is good for? And don’t hand me that horse shit about it being our “God given right” under the 2nd amendment to own anything we want. Is it just so sick bastards like that wackadoo in Vegas has the ‘right’ to own a ‘legal’ device that can help him fire off over a 1000 rounds and kill 58 innocent people? It’s about time for gun owners to start policing themselves before the gun-haters have even more fuel for their gun hating mantra. We can’t rely on the NRA, what with their all-or-nothing philosophy with gun ownership and internal corruption. The idiots at the NRA would push for your right to own a German 88mm cannon, if someone argued for their help.
On the one hand, you ask for an explanation; then, on the other hand, you hamstring anyone from attempting to do so with your blanket declaration of being handed horse crap. So you’ve placed everyone in a lose/lose situation. Regardless, it sounds like you’ve already made up your mind since you think the rest of us are idiots.
However, being the stubborn hillbilly that I am, I’ll give it a try. If you get to pick and choose what I have a right to possess, then I, too, have the same right to pick and choose what you have the right to possess. See how that works? Would you be happy with that arrangement?
So you really aren’t for gun rights. You are another lier. See you on the battlefield loser.
Can’t wait gomer
LJ, I agree with you. You hit the nail on the head. I used to be an NRA member but not anymore because of exactly what you said. I own guns and have come to the conclusion gun ownership should be more of a privilege than a right. Bump stocks are just plain stupid and the ones that keep coming up with these ideas, the ones that support these ideas and inventions to push the issue with the laws/rules are the ones that will destroy our way of life concerning guns and protecting ourselves. Ignorance will keep always fuel the flame and we risk losing our rights/ privileges.
” . . . the ones that support these ideas and inventions to push the issue with the laws/rules are the ones that will destroy our way of life concerning guns and protecting ourselves . . .”
You couldn’t be more wrong. You, and others like you, will stand and allow the communists to slowly chip away at our God-given rights. Sounds to me like you’ve been drinking the Kool-Aid.
Your ignorance will destroy our rights and this country too. Your comment about communist and Kool-Aid proves that.
I’m a level three life member of the NRA, a gun collector, and former dealer. I received my FFL 40 years ago. I have to maintain my membership with the NRA because it’s required at my gun club. But even if it wasn’t, I would still maintain that membership, even though I don’t agree with the turmoil within the group. We still need them to fight for our gun rights.
Respectfully – I DON’T agree that gun ownership is a ‘privilege’. It’s an inalienable ‘right’ that our forefathers spelled out in the Constitution Of The United States. ‘Inalienable’ means it cant not be taken away. THAT is what our forefathers meant when their wrote in the 2nd Amendment.
But we’ve seen how this ‘all-or-nothing’ mentality of gun ownership, especially with garbage like a bump-stocks that have NO sporting value whatsoever, has brought nothing but negative attention to gun ownership, just so some one can go on You Tube and show how ‘fun’ it is to shoot. This lead some wackadoo to use that piece of garbage to kill 78 people and injure 500. Copycats? No doubt there will be more. All that did was add fuel to the anti-2nd Amendment movement that is helping the democrats push their agenda to disarm the whole population.
I’ve seen our gun rights shrink ever since the democrats politized the 2nd amendment over the last 50 years, just like with race relations. Now, if you’re black, or any over color besides white, you’re suppose to vote democrat. If you’re white, you should be conservative and pull the Republican lever at the poles. What’s the next agenda they will push down our throats? If you’re Christian you can only support the Republicans, and any others you have to be a ‘demoncrat’? ALL our rights spelled out in the constitution shouldn’t be a bipartisan topic.
Opinions are like buttholes, everybody has one, and most stink. My opinion is, we need to protect our 2nd amendment rights by using common sense before we loose them. And in my “opinion” – bump stocks should be outlawed.
Interesting how these conversations are always framed around the weapon and the need to ban on thing or the other.
I wonder why there is never an intelligent discussion about the psychotropic medications that most mass shooters have taken and whether those should be taken off the market. If only we could get the unfiltered data on these events but rest assured, that will not happen. The only way we know the Nashville shooter was taking these is because part of his (her?) manifesto was leaked.
This idiots dont get it, great post.
I get it! you are nothing but a communist subversive that will do or say anything to meet your ends!!! if you hate it so much here then i suggest russia since they are looking for bodies these days.
I suspect that most of the people that bought bump stocks did so and were disapointed. It was a novelty that burned up ammo at a higher rate, hurt accuracy. Maybe a few disabled veterans somehow benefitted but that premise was the exeption not the rule. The ATF estimated that in the 8 year period appoxiametley 520,000 units were sold. The ATF determined that for 8 years the bumpstock did not violate the NFA or any other law, was the AFT setting up a confiscation operation?.
You approach the issue from the starting point that does not consider the dubious history of the NFA or other subsequent laws. You do not consider the gelatinous conduct of the ATF. You do not even offer a legal basis on why the operation of the device should be banned under existing law. You have to be aware that pirivate US citizens do in fact own full auto firearms, battle tanks, all sorts of cannons and other ordinance et cetera, why ignore that fact?. It seems that you want to argue but put little effort into you own case.
Maybe you should tell everyone here on what basis do you have a right to own a firearm?
Bump stocks are worthless trash. They should be illegal though anywhere. What annoys me more is the Binary Triggers were legal in Florida and work well imo. Then after many folks spend their hard earned money and buy one or more they decide to ban them in Florida and other states I guess. I’ve held off getting a Silencer for same reason. Soon as spend 500.00 or more they likely ban them or something stupid and your stuck with something you can’t use that makes you a felon. It’s crazy. Like the idiotic pistol brace thing. Tho knows if that’s resolved for good.
One man’s trash is another’s treasure. If you don’t like bump stocks, then don’t buy one. Don’t like pistol braces, don’t buy one. See how easy this is?
What should be illegal though, is criminal legislators banning things that are constitutionally protected. You should read the Constitution and the Bill of Rights sometime soon, since you obviously never done so before.