Bump stocks are illegal under federal law as of March 2019

A bump stock is a device that attaches to a semi-automatic rifle and uses the gun's recoil to make the trigger fire repeatedly, mimicking the rate of fire of a fully automatic weapon. The federal government banned bump stocks nationwide on March 26, 2019, making it illegal to manufacture, sell, transfer, import, or possess them. This ban applies everywhere in the United States, regardless of state law.

The ban came through a regulation issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which reclassified bump stocks as machine guns under the National Firearms Act. Anyone who owned a bump stock before the ban had until March 26, 2019, to surrender it, destroy it, or remove it from the country. Possessing one after that date is a federal crime.

Key Takeaways

  • Bump stocks have been illegal to own, sell, or transfer anywhere in the United States since March 26, 2019.
  • The ATF classified bump stocks as machine guns, which are already heavily regulated under federal law.
  • Possessing a bump stock after the ban date is a federal felony that can result in up to 10 years in prison and fines up to $250,000.
  • The ban applies to all bump stock designs and similar devices that achieve the same effect, not just one specific product.

How the ATF classified bump stocks as machine guns

The ATF's legal reasoning centered on the definition of a machine gun under the National Firearms Act of 1934. A machine gun is defined as any weapon that fires more than one round with a single trigger pull. The ATF determined that a bump stock allows a semi-automatic rifle to fire multiple rounds with a single trigger pull because the device uses recoil to cycle the trigger repeatedly while the shooter's finger remains stationary.

This classification meant bump stocks fell under the same regulations as fully automatic weapons, which have been tightly controlled since 1934. The ATF issued the regulation after the 2017 Las Vegas shooting, in which a shooter used bump stocks on rifles during the attack. The regulation did not require new legislation from Congress — it was issued as an interpretation of existing law.

What happens if you own or sell a bump stock now

Possessing a bump stock after March 26, 2019, is a federal felony. The penalty is up to 10 years in federal prison, a fine of up to $250,000, or both. This applies whether you own it, sell it, transfer it, or import it. There is no exception for collectors, gunsmiths, or anyone else.

Law enforcement agencies have conducted compliance checks and investigations into bump stock possession. Some people who owned bump stocks before the ban and did not comply with the surrender important date have been prosecuted. If you believe you have a bump stock or a device that functions like one, you should contact a lawyer before taking any action.

State laws and the federal ban

Some states had already banned bump stocks before the federal regulation took effect. California, Florida, New York, and Washington all passed state laws restricting or banning them. The federal ban supersedes all state law — even in states that had not passed their own restrictions, bump stocks are illegal.

A few states have challenged the ATF's authority to issue the bump stock ban through regulation rather than legislation. These legal challenges have mostly been unsuccessful, and courts have upheld the ban. The regulation remains in effect nationwide.

What counts as a bump stock under the ban

The ATF's regulation covers not just the original bump stock product, but any device or modification that achieves the same result — allowing a semi-automatic rifle to fire multiple rounds with a single trigger pull through recoil cycling. This includes devices with different names, designs, or mechanisms if they function the same way.

The regulation also covers devices that are marketed as alternatives to bump stocks, such as trigger cranks or other recoil-operated systems. If a device allows the trigger to reset and fire again without the shooter releasing the trigger, it likely falls under the ban. The ATF has issued guidance documents describing which devices are covered, though the exact boundaries have been tested in court.

How to dispose of a bump stock legally

If you have a bump stock, you have three legal options: surrender it to law enforcement, destroy it yourself, or remove it from the country. Many police departments have amnesty programs where you can turn in firearms accessories without facing prosecution, though you should call ahead to confirm they accept bump stocks.

If you choose to destroy it yourself, you must render it completely non-functional and unable to be repaired. Cutting it in half, crushing it, or melting it are all acceptable methods. Keep documentation of the destruction in case questions arise later. Do not attempt to sell it, give it away, or store it — both actions are federal crimes.

Frequently Asked Questions

Can I legally own a bump stock if I owned it before March 2019?

No. The ban applied retroactively to all bump stocks, even those owned before the regulation took effect. Anyone who owned one before March 26, 2019, had until that date to surrender, destroy, or remove it from the country. Keeping one after the important date is illegal.

What if I didn't know bump stocks were banned?

Lack of knowledge is not a legal defense to federal charges. If you possess a bump stock, you are violating federal law regardless of whether you were aware of the ban. If you recently discovered you have one, contact a lawyer when ready about your options.

Are there any exceptions for military or law enforcement?

The federal ban applies to civilians. Military and law enforcement agencies are not subject to the same restrictions, though they also do not typically use bump stocks. If you work in law enforcement and have questions about a specific situation, consult your agency's legal counsel.

Can I own a fully automatic rifle instead of using a bump stock?

Fully automatic rifles manufactured before 1986 can be owned by civilians in most states, but only with extensive federal paperwork, a $200 tax stamp, and approval from the ATF. The process takes months and the weapons are extremely expensive. Fully automatic rifles manufactured after 1986 cannot be owned by civilians at all.

What if I modify a bump stock to make it non-functional?

straightforward modifying a bump stock does not make it legal to keep. You must completely destroy it so it cannot be repaired or used. If you have modified one but kept the parts, that still constitutes possession of a banned device. Destruction must be permanent and documented.