The legal status of a bump stock depends on where you are. Under federal law, bump stocks are legal to own after the Supreme Court’s June 14, 2024 decision in Garland v. Cargill, which struck down the ATF rule that had classified them as machineguns. Roughly 18 states still ban them under their own laws, and a bill to prohibit them nationwide has been introduced in Congress but has not passed.
Federal Law After Garland v. Cargill
In a 6–3 decision, the Supreme Court held that a semi-automatic rifle fitted with a bump stock is not a “machinegun” under 26 U.S.C. § 5845(b). Justice Thomas, writing for the majority, gave two reasons. The trigger resets between every shot, so the device does not fire more than one round by a single function of the trigger. And even setting that aside, firing does not happen “automatically,” because the shooter has to keep applying forward pressure with the non-trigger hand for the cycle to continue.1Supreme Court. 22-976 Garland v. Cargill
The practical effect is straightforward. Bump stocks are no longer prohibited under federal law. There is no federal registration, no serialization, and no tax stamp. At the federal level they are treated as unregulated firearm accessories, in the same category as aftermarket grips or adjustable stocks.2Bureau of Alcohol, Tobacco, Firearms and Explosives. Bump Stocks
Getting Back a Surrendered Bump Stock
The ATF’s 2018 rule had required owners to destroy or surrender their devices. After the ruling, the agency began returning bump stocks it had in its custody. In early August 2024, ATF mailed notices to people who may have an ownership interest in surrendered devices, giving them a chance to request their property back. If you turned one in and did not receive a notice, ATF advises contacting your local field office.2Bureau of Alcohol, Tobacco, Firearms and Explosives. Bump Stocks
State Bans That Are Still in Force
Garland v. Cargill decided a question of federal statutory interpretation. It did not touch state law. Roughly 18 states have their own bump stock prohibitions on the books, and those laws are still enforceable.2Bureau of Alcohol, Tobacco, Firearms and Explosives. Bump Stocks States with bans include California, Connecticut, Delaware, Florida, Hawaii, Maryland, Massachusetts, New Jersey, New York, Vermont, Virginia, and Washington, among others.
The specifics vary. Some states treat possession as a felony. Others make a first offense a misdemeanor. Penalties range from fines to several years in prison depending on the state and the circumstances.
Two points worth knowing if you own one or plan to buy one. First, possession in a ban state is a state crime regardless of what federal law says. Second, there is no federal “safe passage” provision for bump stocks like the one that exists for transporting firearms through restrictive states. Verify your state’s current law, and the law of any state you plan to drive through, before purchasing or traveling with one.
Proposed Federal Legislation
The Supreme Court noted that Congress can amend the statute if it wants bump stocks banned. In April 2025, Senator Martin Heinrich introduced the Banning Unlawful Machinegun Parts (BUMP) Act in the 119th Congress.3U.S. Congress. S.1374 – BUMP Act The bill would prohibit the import, sale, manufacture, transfer, or possession of any device primarily designed to materially increase a semi-automatic firearm’s rate of fire. It would also amend the Internal Revenue Code to subject modified semi-automatic firearms to National Firearms Act regulation. As of mid-2025, the bill has not moved out of committee.
Do Not Confuse a Bump Stock With a Machinegun Conversion Device
This is the boundary that matters most. Federal law defines a machinegun as any weapon that fires more than one round by a single function of the trigger, and that definition also covers any part designed solely to convert a weapon into a machinegun.4Office of the Law Revision Counsel. 26 U.S. Code 5845 – Definitions Auto sears, drop-in auto sears, and “Glock switches” fall inside that definition. They physically modify the firing mechanism so that one trigger pull produces continuous fire. ATF treats them as machineguns in their own right, even when they are not installed on a firearm.
Possessing one is a serious federal crime. ATF is actively prosecuting these cases, and sentences of seven years or more in federal prison are not unusual.5Bureau of Alcohol, Tobacco, Firearms and Explosives. Trafficker of 3D-Printed Glock Switches and Auto-Sears Sentenced to Over Seven Years in Federal Prison The Cargill ruling did nothing to change that. A bump stock does not modify any internal component, which is exactly why the Court concluded it is not a machinegun. An auto sear does. Different device, different statute, different outcome.
Where Forced Reset Triggers and Trigger Cranks Stand
A few adjacent accessories are worth flagging because people often lump them together with bump stocks.
Forced reset triggers (FRTs) replace a rifle’s standard trigger group and use the bolt carrier’s movement to mechanically push the trigger forward after each shot, cutting the time between resets. ATF had previously classified certain FRTs as machineguns. In July 2024, a federal district court in Texas ruled that Rare Breed FRT-15s and Wide Open Triggers are not machineguns under the National Firearms Act. Under a subsequent settlement, the federal government agreed not to enforce machinegun statutes against possessors of those specific devices and began returning seized units.6Bureau of Alcohol, Tobacco, Firearms and Explosives. Rare Breed Triggers FRT-15s and Wide-Open Triggers (WOTs) Return Some states independently prohibit forced reset triggers, so state law still governs.
Trigger cranks attach to the trigger guard with a rotating handle; each rotation presses the trigger once. They are generally not classified as machineguns at the federal level because they require ongoing manual action and do not alter the firearm’s internal mechanism.
The legal picture for rapid-fire accessories is still moving. Court rulings, ATF enforcement priorities, and any legislation that clears Congress could all shift it again. Before buying or possessing any of these devices, check the current federal position and your state’s law.