Penal Code § 32900 PC - Bump Stock
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1. What is Bump Stock?
Penal Code § 32900 PC Law Reads As Followed:
Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any multiburst trigger activator is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
2. What are Examples of Penal Code § 32900 PC?
California Penal Code § 32900 PC makes it illegal to possess, manufacture, sell, or import bump stocks, also known as multiburst trigger activators. These devices modify semiautomatic firearms to mimic the rapid-fire capabilities of automatic weapons. Understanding the law is easier with real-world examples that illustrate the kinds of actions that could lead to a violation.
Examples of Penal Code § 32900 PC Violations
1. Possessing a Bump Stock Without Authorization
Scenario:
A firearm owner purchases a bump stock online and installs it on their semiautomatic rifle. During a routine traffic stop, police find the modified weapon in the vehicle.
Violation:
Possessing a bump stock is prohibited under Penal Code § 32900 PC. Even if the owner did not intend to use it, possession alone constitutes a violation.
2. Selling Bump Stocks at a Gun Show
Scenario:
A vendor at a gun show in California offers bump stocks for sale, advertising them as “collector’s items.” Law enforcement conducting inspections at the event discovers the illegal devices.
Violation:
Selling or offering bump stocks for sale is a direct violation of Penal Code § 32900 PC, regardless of whether the sale is completed.
3. Importing Bump Stocks into California
Scenario:
An individual orders bump stocks from a seller in another state and has them shipped to their California residence. The package is intercepted by customs officials or law enforcement.
Violation:
Importing bump stocks into California is illegal under Penal Code § 32900 PC, regardless of the source or intended use.
4. Lending a Bump Stock to a Friend
Scenario:
A gun enthusiast lends a bump stock to a friend who wants to test it at a private shooting range. Law enforcement later discovers the device during an unrelated investigation.
Violation:
Lending a bump stock, even temporarily, violates Penal Code § 32900 PC. Both the owner and the borrower could face charges.
5. Displaying a Bump Stock in a Museum Without Proper Authorization
Scenario:
A small-town museum includes a bump stock in a firearms exhibit but fails to obtain the necessary permissions from state authorities.
Violation:
While museums may legally display bump stocks, failing to secure proper authorization would still violate Penal Code § 32900 PC.
6. Using a Bump Stock in a Public Shooting Incident
Scenario:
An individual uses a firearm equipped with a bump stock during a mass shooting, resulting in multiple injuries. Police recover the modified weapon at the scene.
Violation:
Using a bump stock in any capacity violates Penal Code § 32900 PC. This act could also lead to additional charges for the related criminal activity.
7. Claiming Unawareness of Ownership
Scenario:
An individual inherits a firearm collection from a relative, including a bump stock. The new owner keeps the bump stock without realizing it is illegal.
Violation:
Even unintentional possession of a bump stock violates Penal Code § 32900 PC. However, lack of knowledge may be used as a legal defense.
3. What are The Common Defenses Against Penal Code § 32900 PC?
California Penal Code § 32900 PC criminalizes the possession, manufacture, sale, or importation of bump stocks (multiburst trigger activators). If you are charged with violating this law, you may feel overwhelmed, but several legal defenses can be used to challenge the charges and potentially reduce or dismiss them. The best defense will depend on the specifics of your case, but here are some common strategies used in cases involving bump stocks.
1. Lack of Knowledge
To be convicted under Penal Code § 32900 PC, the prosecution must prove that you knowingly possessed, manufactured, imported, or sold a bump stock. If you were unaware that the item in your possession was a bump stock, you may have a strong defense.
Example:
You inherited a firearm collection from a relative and were unaware that a bump stock was included in the items.
Legal Argument:
You lacked the knowledge or intent required to violate Penal Code § 32900 PC.
2. The Bump Stock Belonged to Someone Else
If the bump stock in question was found in a shared space or someone else’s property, you may be able to argue that you were not in possession of the device.
Example:
A bump stock is discovered in your car, but the item belongs to a friend who borrowed your vehicle and left it there.
Legal Argument:
You did not have ownership or control over the bump stock.
3. You Were Transporting the Bump Stock for Lawful Disposal
California law allows individuals to transport prohibited items like bump stocks to law enforcement for lawful disposal. If you possessed the bump stock solely for this purpose, you could argue that your actions were lawful.
Example:
You found a bump stock in your attic and were driving to the police station to turn it in when law enforcement stopped you.
Legal Argument:
You were in possession of the bump stock for the purpose of lawful disposal and had no intent to use or sell it.
4. You Had Legal Authorization
Certain individuals and entities are exempt from the restrictions of Penal Code § 32900 PC. These include:
Law enforcement personnel acting in their official capacity,
Museums or historical societies with proper permissions,
Authorized participants in film or television productions.
Example:
You are a museum curator displaying the bump stock as part of a historical firearms exhibit with state approval.
Legal Argument:
Your possession of the bump stock was lawful under one of the exemptions provided in Penal Code § 32900 PC.
5. The Bump Stock Was Found During an Illegal Search
If the bump stock was discovered during an unlawful search, such as one conducted without a warrant or probable cause, the evidence may be inadmissible in court.
Example:
Law enforcement searched your home without a warrant and found a bump stock in your garage.
Legal Argument:
Your Fourth Amendment rights were violated, and the evidence obtained during the illegal search must be excluded.
6. Police Misconduct
If law enforcement engaged in misconduct, such as planting evidence, coercing a confession, or failing to follow proper procedures, you may have grounds to challenge the charges.
Example:
A law enforcement officer planted a bump stock in your vehicle during a traffic stop and falsely accused you of possession.
Legal Argument:
The charges are based on misconduct, and the case against you should be dismissed.
7. The Device Does Not Meet the Definition of a Bump Stock
Penal Code § 32900 PC specifically applies to multiburst trigger activators as defined under California Penal Code § 16930. If the device in question does not meet this legal definition, it may not fall under the statute.
Example:
The item found in your possession is a gun accessory, but it does not increase the rate of fire or allow for rapid bursts.
Legal Argument:
The item does not qualify as a bump stock under the law.
8. Lack of Intent to Violate the Law
Intent is a critical element in many criminal cases. If you can show that you did not intend to violate the law, the prosecution’s case may weaken.
Example:
You purchased a firearm accessory online, not realizing that it was classified as a bump stock and illegal in California.
Legal Argument:
You lacked the criminal intent required for a conviction.
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4. What are The Penalties for Violating Penal Code § 32900 PC?
California Penal Code § 32900 PC makes it illegal to possess, manufacture, sell, or import bump stocks, also known as multiburst trigger activators. Violating this law is considered a wobbler offense, meaning it can be prosecuted as either a misdemeanor or a felony. The penalties vary depending on the nature of the offense and the defendant’s criminal history.
Misdemeanor Penalties for Penal Code § 32900 PC
If prosecuted as a misdemeanor, the penalties for violating Penal Code § 32900 PC include:
County Jail Sentence
Up to 1 year in county jail.
Fines
A maximum fine of $1,000.
Confiscation
The bump stock or device will be confiscated as a nuisance by the California Attorney General or law enforcement.
Misdemeanor Probation
Instead of jail time, a judge may impose informal probation, which could include conditions such as:
Community service,
Avoiding further legal trouble, or
Compliance with firearm laws.
Felony Penalties for Penal Code § 32900 PC
If prosecuted as a felony, the penalties for violating Penal Code § 32900 PC include:
16 months, 2 years, or 3 years in state prison.
Fines
A maximum fine of $10,000.
Confiscation
As with misdemeanor charges, the bump stock will be confiscated by law enforcement.
In some cases, a judge may grant formal probation instead of a state prison sentence. Conditions of formal probation often include:
Regular meetings with a probation officer,
Adherence to court-ordered conditions, and
Prohibition from possessing firearms or firearm accessories.
Factors That Influence Sentencing
The severity of the penalties for violating Penal Code § 32900 PC depends on several factors, including:
Nature of the Offense
Was the bump stock simply possessed, or was it manufactured, sold, or used in a criminal act?
Aggravating circumstances, such as using the device during a violent crime, could lead to harsher penalties.
Defendant’s Criminal History
First-time offenders may be more likely to receive misdemeanor charges or probation, while repeat offenders or individuals with a history of firearms-related offenses may face felony charges.
Quantity and Intent
Possession of a single bump stock may result in lighter penalties than possessing multiple devices with the intent to sell or distribute.
Collateral Consequences of a Conviction
In addition to jail or prison time and fines, a conviction under Penal Code § 32900 PC can have long-term consequences, including:
Criminal Record
A felony or misdemeanor conviction will appear on your permanent record, potentially affecting future employment, housing, and education opportunities.
Loss of Firearm Rights
A felony conviction will result in the permanent loss of the right to own or possess firearms in California. Even a misdemeanor conviction may restrict firearm rights temporarily.
Immigration Consequences
For non-citizens, a conviction could lead to deportation or inadmissibility to the United States.
Professional Licenses
Certain professional licenses, such as those required for law enforcement or security roles, may be revoked or denied.
5. What are The Related Offenses To Penal Code § 32900 PC?
California Penal Code § 32900 PC prohibits the possession, manufacture, sale, or importation of bump stocks, also known as multiburst trigger activators. This law is part of California’s broader effort to regulate firearms and firearm accessories that enhance the lethality of weapons. Several other related offenses focus on similar activities involving weapons, firearm modifications, and accessories that pose public safety risks.
1. Penal Code § 30600 PC – Assault Weapons and .50 BMG Rifles
Overview:
Penal Code § 30600 PC makes it illegal to manufacture, distribute, sell, or possess assault weapons and .50 BMG (Browning Machine Gun) rifles in California. These weapons are deemed too dangerous for civilian use due to their enhanced firepower.
Penalties:
Felony:
4, 6, or 8 years in state prison for manufacturing, distributing, or selling.
1 year in county jail or up to 3 years in state prison for possession.
Connection to Penal Code § 32900 PC:
Both laws aim to restrict access to devices and weapons that increase the lethality of firearms, such as bump stocks and assault weapons.
2. Penal Code § 18710 PC – Possession of Destructive Devices
Overview:
Penal Code § 18710 PC criminalizes the possession of destructive devices, such as:
Bombs,
Grenades,
Explosive missiles,
Rockets, and
Other incendiary devices.
Penalties:
Misdemeanor: Up to 1 year in county jail.
Felony: 16 months, 2 years, or 3 years in state prison.
Connection to Penal Code § 32900 PC:
Destructive devices and bump stocks both increase the potential for harm and are tightly regulated under California law.
3. Penal Code § 30605 PC – Possession of Assault Weapons
Overview:
Penal Code § 30605 PC specifically addresses the possession of assault weapons. While Penal Code § 30600 PC targets manufacturing and distribution, § 30605 focuses on the unlawful possession of these prohibited firearms.
Penalties:
Misdemeanor: Up to 1 year in county jail.
Felony: Up to 3 years in state prison.
Connection to Penal Code § 32900 PC:
Like bump stocks, assault weapons are prohibited because they enhance a firearm’s capacity for rapid and devastating fire.
4. Penal Code § 33215 PC – Short-Barreled Shotguns and Rifles
Overview:
Penal Code § 33215 PC makes it illegal to possess, manufacture, or sell short-barreled shotguns or rifles. These weapons are restricted due to their increased portability and potential for concealment.
Penalties:
Misdemeanor: Up to 1 year in county jail.
Felony: 16 months, 2 years, or 3 years in state prison.
Connection to Penal Code § 32900 PC:
Both laws aim to regulate modifications and accessories that enhance a firearm’s lethality or usability in criminal activity.
5. Penal Code § 23920 PC – Altered Serial Numbers
Overview:
Penal Code § 23920 PC prohibits the possession or sale of firearms with altered or obliterated serial numbers, which are often used to conceal the origins of illegal weapons.
Penalties:
Misdemeanor: Up to 1 year in county jail.
Connection to Penal Code § 32900 PC:
Like bump stocks, firearms with altered serial numbers pose a threat to public safety by facilitating unlawful activities.
6. Penal Code § 27515 PC – Selling Firearms to Prohibited Persons
Overview:
Penal Code § 27515 PC makes it illegal to sell, transfer, or give a firearm to someone prohibited from owning firearms, such as felons or individuals with restraining orders.
Penalties:
Felony: 16 months, 2 years, or 3 years in state prison.
Connection to Penal Code § 32900 PC:
Both laws address the distribution of weapons or accessories to individuals who may pose a threat to public safety.
7. Penal Code § 30305(a)(1) – Felon in Possession of Ammunition
Overview:
Penal Code § 30305(a)(1) PC prohibits felons from possessing ammunition of any kind. This law applies regardless of the type of firearm or ammunition.
Penalties:
Felony: 16 months, 2 years, or 3 years in state prison.
Connection to Penal Code § 32900 PC:
Like bump stocks, ammunition is tightly regulated to prevent its misuse by individuals who may pose a risk.
8. Penal Code § 16590 PC – Generally Prohibited Weapons
Overview:
Penal Code § 16590 PC covers a broad category of prohibited weapons, including:
Cane guns,
Wallet guns,
Ballistic knives,
Explosive bullets, and
Flechette darts.
Penalties:
Misdemeanor: Up to 1 year in county jail.
Felony: 16 months, 2 years, or 3 years in state prison.
Connection to Penal Code § 32900 PC:
Bump stocks fall under a similar regulatory framework as these unconventional weapons due to their potential for excessive harm.
9. Penal Code § 25850 PC – Carrying a Loaded Firearm in Public
Overview:
Penal Code § 25850 PC makes it illegal to carry a loaded firearm in a public place without proper authorization.
Penalties:
Misdemeanor: Up to 1 year in county jail.
Felony: Up to 3 years in state prison (depending on circumstances).
Connection to Penal Code § 32900 PC:
Carrying a firearm modified with a bump stock could lead to additional charges under Penal Code § 25850 PC.
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