Selling A Bump-Fire Stock In This Current Political Climate

Shooting instructor Frankie McRae illustrates the grip on an AR-15 rifle fitted with a "bump stock" at his 37 PSR Gun Club in Bunnlevel, N.C., on Wednesday, Oct. 4, 2017. The stock uses the recoil of the semiautomatic rifle to let the finger "bump" the trigger, making it different from a fully automatic machine gun, which are illegal for most civilians to own. (AP Photo/Allen G. Breed)

There is no item for sale within the firearms community more controversial than the bump-fire stock right now. Yes, even more controversial than the so-called “assault rifles” they’re designed to fit. With legislation now proposed and politicians and activists alike calling on the BATFE to make a determination on these stocks, there’s been some question as to whether selling them is legal.

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Now, since they’re still legal to own at this time and not regulated in any way except at the state level, then sure…so long as they comply with the state they’re being shipped to’s laws, but I’m just one guy and I’m not an attorney or anything else. Gunbroker.com took a different tact initially, but as The Firearms Blog reports, that’s changed a bit.

When Gunbroker changed their stance on whether or not to allow the sale of SlideFire, BumpFire and similarly related stocks this weekend, it caught many people by surprise. They sent out an e-mail detailing this new position. If you have not read our previous article covering this surprising move, here is the exact message Gunbroker sent out:

Dear Gunbroker User,

As the public face of internet gun sales, GunBroker.com works closely with the NRA, NSSF, and other industry organizations on matters of public policy. Initial reaction from the industry was that support of bump stocks was PR disaster. However, the industry and NRA have softened their stance and asked regulators and Congress to make a decision as to whether or not these items are legal. As a result we have changed our position to allow the items to be sold as long as they are sold in full compliance with state and local laws.

As a seller you should be aware that bump stocks / slide stocks are not firearms and are almost certainly not protected by the Protection in Lawful Commerce of Arms Act (PLCAA). This means that if you choose to sell these items and get sued over their use or misuse, you will not have the PLCAA to protect you.

Be aware that bump stocks / slide stocks may not be legal in every state and we have not been able to fully assess what jurisdictions in which they may be outlawed. It would be wise to research the local in state laws into which you intend to ship these items to avoid entering into an illegal transaction.

Thank you,
The Management of GunBroker.com

As you can see, they are trying to stay in stride with the stance that the NRA (National Rifle Association) and NSSF (National Shooting Sports Foundation) have taken on the issue of SlideFire and BumpFire stocks.

What is quite possibly more surprising than Gunbroker’s flip-flop on this issue is the fact that they mildly solicited legal advice to all of their users; uncharacteristic of them.

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TFB also quotes an attorney who disagrees with Gunbroker’s stance that the PLCAA won’t cover someone selling a bump-fire stock. Frankly, I don’t see how someone selling a legal piece of equipment is liable for anything unless they had reason to know the item was faulty prior to selling it, but lawsuits and guns rarely have anything at all to do with common sense.

That said, there have been no changes in the law from September 30 to today, so carry on as you would have before until and unless the laws change in some meaningful way.

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