Bump stocks are illegal under federal law in the United States

A bump stock is a device that attaches to a semi-automatic rifle and uses the gun's recoil to make the trigger reset faster, allowing the rifle to fire much more rapidly — approaching the rate of a fully automatic weapon. On March 23, 2019, the U.S. Department of Justice finalized a rule classifying bump stocks as machine guns under federal law. This rule made it illegal to manufacture, sell, transfer, or possess bump stocks in the United States.

The ban applies nationwide. Anyone who owned a bump stock before the rule took effect had until March 26, 2019 to surrender it, destroy it, or turn it in to law enforcement without facing criminal charges. After that date, possessing one is a federal crime.

Some states had already banned bump stocks before the federal rule. California, Florida, New York, and Washington passed their own laws prohibiting them. The federal ban supersedes all state law, so the device is prohibited everywhere regardless of what your state law says.

Key Takeaways

  • The federal government classified bump stocks as machine guns in March 2019, making them illegal to own, sell, or transfer anywhere in the United States.
  • Possessing a bump stock after March 26, 2019 is a federal crime that can result in up to 10 years in prison and fines up to $250,000.
  • The ban covers all bump stocks, including those owned before the rule took effect, with no exceptions for collectors or prior owners.
  • Some states passed their own bump stock bans before the federal rule, but the federal law now applies uniformly across all states.

Why the federal government banned bump stocks

The ban followed the mass shooting in Las Vegas on October 1, 2017, where the shooter used bump stocks on multiple rifles. That attack killed 60 people and wounded hundreds more. The incident prompted Congress and the Trump administration to reconsider whether bump stocks should remain legal.

The Department of Justice concluded that bump stocks converted semi-automatic rifles into machine guns by allowing them to fire multiple rounds with a single trigger pull. Under the National Firearms Act and the Firearm Owners Protection Act, machine guns manufactured after 1986 are prohibited for civilian use. The department's legal reasoning was that bump stocks achieved the same result as a machine gun and should be treated the same way under law.

Criminal penalties for possessing a bump stock

Possessing a bump stock after the March 2019 important date is a federal felony. The penalties are serious: up to 10 years in federal prison, fines up to $250,000, or both. A conviction also results in a permanent felony record.

Federal prosecutors have charged people under this law. The charges typically appear in federal district court, not state court, because the violation is of federal firearms law. Conviction requires proof that the person knowingly possessed the device after the important date.

What happened to bump stocks people already owned

The federal rule gave owners a 90-day window from the announcement to surrender, destroy, or turn in their bump stocks. That window closed on March 26, 2019. The Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) did not prosecute people who complied during that period.

After the important date, no amnesty or grace period existed. Anyone still in possession faced potential federal charges. Some people destroyed their bump stocks themselves. Others turned them in to local police departments or ATF field offices. A small number were surrendered to gun ranges or firearms dealers.

The government did not conduct widespread searches for bump stocks or require registration before the ban. Enforcement has been complaint-based — meaning charges typically arise when someone is caught with one during a traffic stop, arrest for another crime, or when someone reports it to law enforcement.

How the ban compares to state-level restrictions

Before the federal ban, California, Florida, New York, and Washington had already passed their own bump stock prohibitions. California's ban came first, in 2017, shortly after the Las Vegas shooting. Florida passed its law in 2018. New York and Washington followed in 2019.

These state laws are now redundant because the federal ban covers the entire country. However, some states have penalties that differ from federal law. For example, California's law treats possession as a misdemeanor in some cases, while federal law treats it as a felony. If someone is prosecuted, they would typically face federal charges because the federal penalty is more severe.

A few states have considered legalizing bump stocks or challenging the federal ban in court, but no state has successfully overturned the federal rule. The ban remains in effect nationwide.

Legal challenges to the bump stock ban

Several lawsuits have challenged the bump stock ban as unconstitutional. The main argument is that the ban violates the Second Amendment because it prohibits a device that does not convert a rifle into a machine gun — it only speeds up the trigger. Challengers have argued that the Department of Justice overreached by classifying bump stocks as machine guns when they are technically separate devices.

In 2021, the U.S. Court of Appeals for the District of Columbia Circuit upheld the ban in a case called Guedes v. Bureau of Alcohol, Tobacco, Firearms and Explosives. The court ruled that the Department of Justice had the authority to classify bump stocks as machine guns and that the ban does not violate the Second Amendment. Other federal courts have reached similar conclusions.

As of now, no court has struck down the ban, and the Supreme Court has not taken a case challenging it. The ban remains the law nationwide.

Frequently Asked Questions

Can I legally own a bump stock if I owned one before the ban?

No. The ban applies to all bump stocks regardless of when they were manufactured or purchased. Owners had until March 26, 2019 to surrender or destroy them. Possessing one after that date is illegal, even if you owned it before the rule took effect.

What counts as a bump stock under the law?

The federal rule defines a bump stock as any device that allows a semi-automatic rifle to fire more than one round per trigger pull by using recoil energy. This includes devices marketed under different names, such as "slide fire" stocks or "bump fire" devices. The ATF has issued guidance on what qualifies, but the definition is broad enough to cover most devices designed to speed up firing rate.

Can I be prosecuted if I bought a bump stock before the ban and didn't know it became illegal?

Lack of knowledge is not a defense to federal firearms charges, but it may be considered during sentencing. Federal law requires that you knowingly possess the device, so prosecutors must prove you knew you had it. However, once the ban was announced in 2018 and finalized in 2019, claiming you didn't know about it becomes harder to sustain.

What should I do if I still have a bump stock?

You should destroy it or turn it in to law enforcement when ready. Contact your local police department or the nearest ATF field office to ask how to surrender it. Destroying it yourself is also an option. Continuing to possess one puts you at risk of federal prosecution.

Are there any exceptions to the bump stock ban?

No. The federal rule contains no exceptions for collectors, prior owners, or any other category of person. The ban is absolute and applies to all civilians. Law enforcement and military may have different rules, but civilian possession is prohibited without exception.