Bump stocks are illegal under federal law in the United States

The federal government banned bump stocks nationwide in March 2019. A bump stock is a device that attaches to a semi-automatic rifle and uses the gun's recoil to make it fire much faster, mimicking the rate of a fully automatic weapon. The ban makes it illegal to manufacture, sell, transfer, import, or possess a bump stock. Violation is a federal crime that can result in up to 10 years in prison and fines up to $250,000.

The ban came through a rule change by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which reclassified bump stocks as machine guns under the National Firearms Act. This means they fall under the same legal restrictions as fully automatic weapons, which have been heavily regulated since 1934. The rule took effect on March 26, 2019, and gave owners 90 days to surrender or destroy their bump stocks without facing criminal charges if they complied during that window.

Key Takeaways

  • Bump stocks have been illegal to own, sell, or manufacture in the United States since March 2019 under federal law.
  • The ATF classified bump stocks as machine guns, placing them under the same legal restrictions as fully automatic weapons.
  • Possessing a bump stock after the compliance period ended is a federal crime punishable by up to 10 years in prison and fines up to $250,000.
  • Some states had already banned bump stocks before the federal rule took effect, and a few states have challenged the federal ban in court.

How the federal ban works in practice

When the ATF issued the bump stock ban, it gave gun owners a 90-day amnesty period from March 26 to June 24, 2019. During that window, anyone who owned a bump stock could turn it in to law enforcement or destroy it without criminal penalty. The ATF did not require registration or proof of destruction; the agency simply allowed people to comply without prosecution.

After June 24, 2019, possessing a bump stock became a federal felony. The ATF has conducted compliance sweeps and worked with state and local law enforcement to locate and seize bump stocks. However, enforcement has been uneven, and some owners may still possess them illegally. If you own a bump stock and did not surrender it during the amnesty period, you are in violation of federal law regardless of whether you have been caught.

State-level bans before and after the federal rule

Several states banned bump stocks before the federal government acted. California, Florida, New York, and Washington all passed state laws restricting or prohibiting bump stocks in 2018. Some of these state bans were even stricter than the federal rule — for example, California made possession illegal without an amnesty period, though the state later allowed a brief surrender window.

After the federal ban took effect, most states fell in line with the national rule. However, a few states have challenged the federal ban in court, arguing that the ATF overstepped its authority by reclassifying bump stocks without congressional action. As of now, the federal ban has survived legal challenges, but litigation continues in some jurisdictions. If you live in a state that challenged the ban, the federal prohibition still applies to you unless a court has specifically ruled otherwise in your state.

What counts as a bump stock under the law

The ATF's definition of a bump stock is broad: any device that allows a semi-automatic rifle to fire more than one round with a single trigger pull, or that increases the rate of fire by using the recoil of the firearm. This covers the original bump stock devices that became widely known after 2016, but it also covers similar devices with different names or designs that accomplish the same function.

The ban includes devices marketed under names like "slide fire stocks," "bump fire stocks," and other recoil-operated mechanisms. It also covers devices that use springs, weights, or other mechanical means to increase fire rate. The key test is whether the device allows a semi-automatic gun to fire faster than one round per trigger pull. If it does, it is classified as a machine gun and is illegal to own.

Criminal penalties for possession

Possessing a bump stock after the amnesty period is a federal felony under 18 U.S.C. § 922(o). The penalties are severe: up to 10 years in federal prison, a fine of up to $250,000, or both. A conviction also results in permanent loss of gun ownership rights under federal law, since felons cannot legally possess firearms.

Prosecution is rare but does happen. The ATF has brought charges against individuals found with bump stocks, particularly in cases where the person was already under investigation for other firearms violations. State prosecutors can also bring charges under state laws, which may carry additional penalties. Even if you are not prosecuted, possessing a bump stock can complicate other legal matters — for example, it can be used against you in custody disputes or other proceedings.

What to do if you own a bump stock

If you currently own a bump stock, you are in violation of federal law. The amnesty period ended in June 2019, so there is no legal way to keep it. Your options are to destroy it yourself or turn it in to law enforcement.

To destroy it, you can disassemble or damage the device so it cannot function. You do not need to report the destruction to anyone. To turn it in, contact your local police department or sheriff's office and ask about their procedure for surrendering firearms or firearm parts. Some departments have amnesty programs or gun buyback events where you can surrender it without questions. The ATF also maintains a list of field offices by state if you want to contact federal law enforcement directly.

Do not attempt to sell, transfer, or give a bump stock to someone else. That is a federal crime. Do not mail it or ship it. Do not keep it in storage hoping the law will change. The safest and only legal course is to destroy it or turn it in.

Frequently Asked Questions

Can I legally own a bump stock if I bought it before the ban?

No. The federal ban applies to all bump stocks regardless of when they were purchased. Ownership before the ban does not grandfather you in. You had until June 24, 2019, to surrender or destroy it. After that date, possession is illegal.

What if I live in a state that challenged the federal ban?

The federal ban still applies to you. Even in states that have filed lawsuits against the federal rule, the ATF's ban remains in effect while the courts consider the case. A state challenge does not suspend the law or create an exception for residents of that state.

Can I be prosecuted if I destroyed my bump stock after the amnesty period ended?

No. Destroying it is legal at any time. The amnesty period only applied to people who wanted to surrender it to law enforcement without paperwork. You can destroy a bump stock today without legal consequence. The crime is possession, not the act of getting rid of it.

What if I did not know bump stocks were illegal?

Lack of knowledge is not a legal defense to federal firearms crimes. The law applies whether or not you were aware of it. If you own a bump stock, you should treat it as illegal and dispose of it immediately.

Can I modify a bump stock to make it legal?

No. Any device that increases the rate of fire of a semi-automatic rifle is illegal under the ban. Modifying or partially disabling a bump stock does not make it legal — you must destroy it completely or turn it in.