Maryland Bump Stock Ban to Remain in Effect Despite Supreme Court Ruling

MARYLAND News (6/14/2024) – In a significant decision, the United States Supreme Court has struck down a federal rule from 2018 that categorized bump stocks as machine guns under the National Firearms Act. Despite this ruling, Maryland Attorney General Anthony Brown has stated that the decision does not impact Maryland’s own ban on bump stocks.

The federal rule, implemented by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), classified bump stocks as machine guns following the tragic mass shooting in Las Vegas in 2017. In response, both federal and state measures were enacted to control the use of such devices, with Maryland passing its own ban on bump stocks in 2018.

Attorney General Brown, who had joined a coalition of 23 attorneys general in support of upholding the federal rule, expressed disappointment with the Supreme Court’s decision. “The United States Supreme Court’s decision today is a step backwards for common-sense gun laws,” Brown said. “We needlessly lose innocent lives by ignoring the lethality of the weapons and gun accessories that are in our communities. I will continue fighting to eliminate gun violence and to uphold common-sense gun control.”

Bump stocks are devices designed to enable semiautomatic firearms to fire at a rate similar to that of automatic weapons. The Supreme Court’s decision, delivered by Justice Clarence Thomas, held that bump stocks do not meet the definition of a machine gun under federal law because they do not enable a firearm to fire continuously with a single trigger pull.

Justice Thomas wrote in the opinion that “a semiautomatic rifle equipped with a bump stock is not a ‘machinegun’ because it cannot fire more than one shot ‘by a single function of the trigger.’ And, even if it could, it would not do so ‘automatically.’ ATF therefore exceeded its statutory authority by issuing a rule that classifies bump stocks as machineguns.”

Despite the federal setback, Maryland’s law banning bump stocks remains intact. Maryland’s legislation prohibits the possession, sale, or transfer of bump stocks and other rapid-fire trigger activators. Attorney General Brown emphasized that today’s ruling does not alter the enforceability of Maryland’s statute.

The decision underscores a significant legal and regulatory debate over the classification and regulation of firearm accessories. While the Supreme Court’s ruling may change the regulatory landscape at the federal level, states retain the authority to implement their own firearm regulations.

Attorney General Brown assured that his office is closely reviewing the Supreme Court’s opinion to fully understand its implications. However, he affirmed that Maryland’s efforts to regulate bump stocks and other firearm accessories will continue unabated.

Story by multiple RFHC contributors.