The Legality of Selling Your SlideFire/BumpFire Stock According to Gunbroker & the PLCAA

The Legality of Selling Your SlideFire/BumpFire Stock According to Gunbroker & the PLCAA

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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.

Well, it just so happens that we have a lawyer within our ranks of writers here at TFB. Our very own James Reeves is a full-time attorney during the day, and a vigilante YouTube star for TFBTV and writer for TFB at night. In spite of Gunbroker’s pessimistic viewpoint of the protections available to bumpstocks, James Reeves notes:

The PLCAA protects ‘manufacturers, distributors, dealers, and importers of firearms or ammunition products, and their trade associations’ for liability arising from the unlawful misuse of ‘firearm products or ammunition products by others when the product functioned as designed and intended.’  So, contrary to Gunbroker’s opinion, while the PLCAA may protect bumpfire stocks, private sellers might be more concerned about falling within the protected class of ‘manufacturers, distributors, dealers, and importers’ than whether or not the PLCAA protects the stock itself.

I personally am not a full-time attorney (or a make believe one) so I had to read James’ statement a couple times, but he makes a phenomenal point. The stocks, themselves, should be protected under the PLCAA, but you… Mr. Gun Loving, Reseller… are not protected. That is, unless you think you can categorize yourself as a “manufacturer, distributor, dealer or importer.” To flatly answer that question, unless if you are peddling bumpstocks by the pallet full, in the eyes of the PLCAA, you will not be protected.

So with all of that in mind…

Who is still wanting to buy a SlideFire or BumpFire stock?…

Who is still wanting to sell the one they own?…

If you are selling, do you think you will be safe if the next guy or gal does unsafe or unintelligent practices with your stock?…

 

Hunting

via The Firearm Blog http://ift.tt/ywCWoj

October 9, 2017 at 06:27PM

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