Florida’s state-level ban on bump stocks is unconstitutional, Attorney General James Uthmeier stated on Friday, announcing his office will no longer defend convictions tied to the 2018 statute on appeal.
The announcement shifts the legal standing of firearm accessories in the state following a federal high court decision two years ago, according to a report by the Sun Sentinel.
“As currently written, the overly broad law appears to restrict the use of trigger enhancements used by firearms owners for lawful purposes, subjecting them to five years in prison,” Uthmeier said on X.
The post also highlighted a formal legal opinion from his office. The document states the legislation imposes a categorical prohibition on an entire class of firearm components designed to increase a semiautomatic weapon’s rate of fire.
Semiautomatic firearms with these structural modifications remain bearable arms covered by the Second Amendment’s plain text, the opinion asserted. Bump stocks became a primary target for gun control advocates after the Oct. 1, 2017, mass shooting in Las Vegas, where a gunman fired more than 1,000 rounds from a 32-floor hotel balcony onto an outdoor concert.
That attack left 58 people dead and wounded more than 400 others. The federal government’s ban on bump stocks was subsequently overturned by a U.S. Supreme Court decision in 2024.
According to the 6-3 decision, because a semiautomatic weapon equipped with the device still necessitates the trigger to be released and pulled again for every subsequent shot, the accessory does not truly transform the gun into an automatic firearm. Automatic weapons, which allow multiple rounds to be fired with a single pull of the trigger, remain banned under federal law.
Florida lawmakers originally included the bump stock ban in a large bill in 2018. That legislation followed the tragic events on Feb. 14 at Marjory Stoneman Douglas High School in Parkland, resulting in 17 fatalities, among them 14 children.
The 2018 measure included funding for school safety measures and a new guardian program to train armed school personnel. It also enacted three main gun control measures: the ban on bump stocks, an increase in the minimum age to buy a rifle from 18 to 21, and red flag laws allowing police to seize weapons from individuals deemed a threat.
The measure passed with support from both parties, though it split Republicans and Democrats alike. Some conservatives balked at the gun control provisions, while some Democrats, particularly Black members, opposed the prospect of arming school personnel.
Then-Gov. Rick Scott signed the measure into law and defended it as a necessary tool to prevent other mass shootings. Gov.-elect Byron Donalds, who served in the Florida House at the time, voted against the bill and criticized its gun control measures on the campaign trail.
| Legislative Metric | 2018 Enactment | 2026 Status |
|---|---|---|
| Bump Stock Restrictions | Banned under state law | Attorney general declines defense |
| Rifle Purchase Age | Raised to 21 | Active statute |
| Red Flag Laws | Enacted | Active statute |
The decision by Uthmeier effectively leaves the state-level ban without executive enforcement on appeal. Legal challenges will now center on how lower courts interpret the constitutional boundaries outlined in the attorney general’s formal opinion.
Disclaimer: The information provided in this article is for educational and informational purposes only and does not constitute financial advice.
