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Penal Code 32900 Possession of a Bump Stock in California

Feb 11, 2021 | California

Bump stocks laws are considered to be illegal both under federal law since March 2019 and under California law.

What is a Bump Stock?

A bump stock is described as:

  • a “multiburst trigger activator” which increases the rate at which semi-automatic rifles fire;
  • a firearm modification, which modifies semi-automatic rifles so they can fire shots continuously as long as the shooter keeps the rifle against his or her shoulder.

Thus, with the help of a bump stock, a shooter can shoot almost as fast as in case he uses an automatic firearm.

Though it shall also be noted, that bump stocks do not convert semi-automatic guns into automatic ones.

What Actions are Illegal Under Penal Code 32900?

The actions, which are considered illegal, are the following ones:

  • manufacturing or causing to be manufactured of the bump stocks
  • import into California
  • keeping the bump stocks for sale
  • offering or exposing for sale
  • giving, lending, or possessing bump stocks

Is Anyone Entitled to Legally Possess a Bump Stock?

There are a handful of people and or entities whom are legally allowed to possess a bump stock. The people and or entities whom are entitled to legally possess a bump stock include the following:

  • historical societies, museums, and people who sell bump stocks to them;
  • law enforcement bodies’ staff,
  • participants of different shows, videos, movies.

It is to be noted that those listed above must have a permit in order to have the right to possess bump stocks.

What Are the Penalties for Penal Code 32900 Conviction?

The offense is a wobbler offense, thus, depending on the facts and criminal history of the defendant, it can be charged either as a felony or a misdemeanor.

What are the Penalties for Penal Code 32900 Misdemeanor Conviction?

The penalties for a Penal Code 32900 misdemeanor conviction include imprisonment in a county jail for a term of up to one year.

What are the Penalties for Penal Code 32900 Felony Conviction?

The penalties for a Penal Code 32900 felony conviction include imprisonment in a county jail for 18 months to three years.

Is A Bump Stock Illegal Under Federal Law?

Since March 2019, bump stocks are considered to be a type of machine gun and are also illegal under Federal Law. Bump stock owners need to destroy them or transfer them to law enforcement agencies.  Possessing a bump stock can lead to the following penalties under federal law:

  • imprisonment in federal prison for a term up to 10 years, and/or
  • a fine of up to 250.000$.

Common Defenses for Penal Code Section 32900

There are some common defenses for Penal Code section 32900, which are possible to use in order to avoid penalties. Examples of such are:

  • the defendant has a permit for a bump stock;
  • the defendant was not aware that the bump stock is under his possession.

Los Angeles Criminal Defense Attorney

If you or a loved one has been charged with Penal Code 16930 we invite you to contact our Los Angeles criminal defense attorney today at 310-933-5171 for a free consolation and case review. We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205 with additional offices in Los Angeles located at 633 West 5th St., 26th Floor, Los Angeles, CA 90071.