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 it to fire much more rapidly — approaching the rate of a fully automatic weapon. The federal government banned bump stocks nationwide in March 2019 through a rule issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Anyone who owned a bump stock after that date was required to destroy it or surrender it to law enforcement. Possession of a bump stock is now a federal crime.

This matters to homeowners because firearms stored on residential property fall under federal law, and the ban applies regardless of state or local rules. If you inherited a firearm with a bump stock, purchased one before the ban, or are considering buying used firearms, you need to understand the legal status and what to do if you have one.

Key Takeaways

  • Bump stocks have been illegal under federal law since March 2019, and possession is a federal crime with potential prison time and fines.
  • The ban applies to all bump stocks, regardless of when they were manufactured or purchased, and no grandfather clause allows you to keep one.
  • If you own a bump stock, you must destroy it or turn it in to local law enforcement — keeping it exposes you to criminal liability.
  • Some states have filed legal challenges to the ban, but it remains in effect nationwide and is enforceable in all 50 states.

How the federal ban works

The ATF classified bump stocks as machine gun parts under the National Firearms Act. The agency determined that because a bump stock allows a semi-automatic rifle to fire automatically, it converts the weapon into a machine gun — which has been heavily regulated since 1934. The rule took effect on March 26, 2019, and gave owners 90 days to comply.

The ban covers all bump stocks, including those sold under different brand names or marketed as "slide fire stocks," "bump fire stocks," or similar devices that achieve the same effect. It does not matter when you bought it or whether you purchased it legally at the time. The law is retroactive, meaning devices that were legal to own before March 2019 became illegal overnight.

Violating the ban can result in federal criminal charges, including up to 10 years in prison and fines up to $250,000 per violation. These are serious penalties, and the ATF has actively investigated and prosecuted cases.

What you must do if you own one

If you have a bump stock in your home, you have two legal options: destroy it yourself or surrender it to law enforcement. Destruction is the most straightforward route — you can disassemble it, cut it into pieces, or otherwise render it permanently inoperable. You do not need to report the destruction or provide proof; the law simply requires that it no longer exists.

If you prefer not to destroy it yourself, you can contact your local police department or sheriff's office and ask about surrendering it. Some departments have amnesty programs or drop-off procedures for illegal firearms and parts. Call ahead to ask what they require — some may ask you to bring it in unloaded and secured, while others may arrange a time to pick it up. Surrendering it to law enforcement creates a record that you complied with the law, which can be important if questions arise later.

Do not attempt to sell, trade, or give away a bump stock. That is illegal and exposes both you and the recipient to criminal liability. Do not mail it or ship it, as that violates federal firearms regulations. Destruction or surrender to law enforcement are your only legal paths forward.

State-level legal challenges and current status

Several states and gun rights organizations have challenged the federal bump stock ban in court, arguing that the ATF overstepped its authority and that the ban violates the Second Amendment. Some cases have reached federal appeals courts, and the legal landscape has shifted as different judges have ruled on the issue.

However, the ban remains in effect nationwide and is enforceable in all 50 states, regardless of pending lawsuits. Even if a state court or state legislature has expressed opposition to the ban, federal law supersedes state law on this issue. You cannot legally own a bump stock in any state, and you should not rely on the possibility of a future court ruling to justify keeping one now.

If you are concerned about the legal status or believe the ban is unconstitutional, you can contact a firearms attorney in your state. But from a practical standpoint, the safest course is to comply with the current federal law by destroying or surrendering any bump stock you own.

Storing firearms legally at home

Beyond bump stocks, homeowners who store firearms should understand basic federal and state storage laws. Federal law does not require you to store guns in a particular way, but many states and some local jurisdictions do. Some require guns to be stored unloaded and locked, or in a safe, especially if children live in the home.

If you have questions about legal firearm storage in your area, contact your local police department or a firearms attorney. They can tell you what your state and county require. Proper storage protects your family, reduces theft risk, and keeps you compliant with local law.

Frequently Asked Questions

Can I keep a bump stock if I owned it before the ban?

No. The ban has no grandfather clause, meaning devices that were legal before March 2019 became illegal on that date. Ownership before the ban does not allow you to keep it now. You must destroy it or surrender it to law enforcement.

What if I inherited a firearm with a bump stock attached?

You must remove and destroy the bump stock or surrender it to law enforcement. You can keep the rifle itself if it is legal to own in your state, but the bump stock must go. Do not attempt to sell the rifle with the stock attached, as that is illegal.

Will the ban be overturned?

Legal challenges are ongoing, but the ban is currently in effect and enforceable. You should not keep a bump stock based on the hope that a court will overturn the ban. If the law changes in the future, you could legally acquire one then, but for now, possession is a federal crime.

What happens if law enforcement finds a bump stock during a search?

Possession of a bump stock can result in federal criminal charges, including prison time and fines. If you have one, the safest course is to destroy or surrender it before any search occurs. If you are facing legal questions about firearms in your home, consult a criminal defense attorney.