“Closing the Bump Stock Loophole Act of 2021” (H.R. 5427)
Sponsor:
Rep. Titus, Dina (D-NV)
Full co-sponsor list viewable here https://www.congress.gov/bill/117th-congress/house-bill/5427/cosponsors
Status:
Filed in the House of Representatives. Referred to the Committee on Ways and Means, and in addition to the Committee on the Judiciary.
Bill Details:
Amends Section 5845 of the Internal Revenue Code of 1986 by striking “and (8) a destructive device.” and inserting “(8) a destructive device; and (9) a bump stock.”
According to this bill, the term ‘bump stock’ means any of the following:
“(1) Any manual, power-driven, or electronic device that is designed such that when the device is attached to a semiautomatic weapon, the device eliminates the need for the operator of a semiautomatic weapon to make a separate movement for each individual function of the trigger and—
(A) materially increases the rate of fire of the semiautomatic weapon, or
(B) approximates the action or rate of fire of a machinegun.
(2) Any part or combination of parts that is designed and functions to eliminate the need for the operator of a semiautomatic weapon to make a separate movement for each individual function of the trigger and—
(A) materially increases the rate of fire of a semiautomatic weapon, or
(B) approximates the action or rate of fire of a machinegun.
(3) Any semiautomatic weapon that has been modified in any way that eliminates the need for the operator of the semiautomatic weapon to make a separate movement for each individual function of the trigger and—
(A) materially increases the rate of fire of the semiautomatic weapon, or
(B) approximates the action or rate of fire of a machinegun.”
Regarding the ownership of a bump stock, or similar device, after the potential passage, the bill states: “the otherwise lawful possession of a bump stock that, on or before the date that is 1 year after the date of the enactment of this subparagraph, is registered to the possessor in accordance with section 5841 of the Internal Revenue Code of 1986.”
Further, “any person on the date of the enactment of this Act possessing a bump stock as defined in section 5845(n) of the Internal Revenue Code of 1986 (as amended by this Act) shall, not later than the date that is 1 year after the date of the enactment of this Act, register such bump stock in accordance with section 5841 of the Internal Revenue Code of 1986 and include with such registration the information required under section 5841(a) of such Code. Such registration shall become a part of the National Firearms Registration and Transfer Record required to be maintained by such section.”
Summary:
This bill would classify bump stocks, and many similar devices, as machine guns per the definition of the National Firearms Act (NFA). This would require all such devices or accessories to be registered no later than 1 year after the passage of this bill.
Aside from both the factual and Constitutional issues with this bill, retroactive registration would be impossible with most bump stocks or similar devices as they are often not manufactured with serial numbers like firearms receivers are.
This is also a dangerous precedent that would allow Congress to retroactively re-define what a machine gun is under federal law. If they can erroneously classify these devices as “machine guns” then how long until semi-automatic “assault weapons” are also added to the NFA?