Legal Shift In Tallahassee As Top Prosecutor Abandons Defense Of Bump Stock Ban

Florida Attorney General James Uthmeier has announced that his office will stop defending the state’s ban on bump stocks in criminal appeals, claiming the 2018 law is an unconstitutional violation of the Second Amendment. The move represents a stark reversal for a state government that previously championed the restriction following the devastating massacre at Marjory Stoneman Douglas High School in Parkland. According to Uthmeier, the current language of the statute is overly broad and unfairly targets law abiding citizens by threatening them with up to five years in prison for using trigger enhancements.

In a formal legal opinion, Uthmeier argued that prohibiting an entire category of firearm accessories contradicts constitutional protections. He maintained that semiautomatic weapons equipped with these modifications remain bearable arms under the plain text of the Second Amendment. This stance mirrors recent national trends, specifically following a United States Supreme Court ruling earlier this year that overturned a federal ban on similar devices. That high court determined that bump stocks do not technically turn semiautomatic rifles into machine guns because they still require individual trigger pulls for every shot fired.

Despite this pivot from the attorney general, it is important to note that the law has not been officially repealed nor struck down by a judge; it remains on the books for now. However, its enforcement faces a precarious future as Florida transitions toward a new administration. Governor elect Byron Donalds, who took office in January, originally voted against these gun control measures during his time in the state house and spent much of his campaign criticizing the restrictive nature of the laws passed after Parkland.

The 2018 legislative package was once seen as a landmark compromise between political factions, introducing red flag laws and raising the purchasing age for rifles alongside the bump stock prohibition. While those measures were intended to curb mass violence like the tragedy in Las Vegas where bump stocks played a central role, they have long been a point of contention among conservative lawmakers. With Uthmeier refusing to fight for their legality in court, those challenging their convictions may find a much clearer path toward victory.