Can I Now Buy a Bump Stock? A Comprehensive Guide to the Legal Landscape

No, generally you cannot legally buy a bump stock in the United States. The legal landscape surrounding these devices has shifted dramatically in recent years, primarily due to regulatory changes and legal interpretations by federal authorities. While some ambiguity and legal challenges persist, the overall answer is a firm no for most individuals. Let’s delve into the specifics.

The Rise and Fall of Bump Stocks: A Legal Rollercoaster

Bump stocks are firearm accessories designed to accelerate the rate of fire of a semi-automatic rifle, mimicking (to some extent) the functionality of a machine gun. They achieve this by harnessing the recoil energy of the rifle to rapidly cycle the action, allowing the shooter to maintain continuous firing. This functionality is what placed them squarely in the crosshairs of federal regulators.

The ATF’s Evolving Stance

For many years, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) maintained that bump stocks were not “machine guns” as defined by the National Firearms Act (NFA) of 1934 and the Firearm Owners’ Protection Act (FOPA) of 1986. This interpretation allowed for the legal manufacture and sale of bump stocks for a considerable period.

However, the tragic mass shooting in Las Vegas in 2017, where bump stocks were used to devastating effect, triggered a dramatic policy shift. The public outcry and political pressure that followed prompted the Department of Justice (DOJ) to revisit the ATF’s prior rulings.

The 2018 Rule Change: A Definitive Ban

In 2018, the DOJ, under the Trump administration, issued a final rule amending the ATF’s regulations. This rule redefined “machine gun” to include devices that allow a semi-automatic firearm to fire more than one shot with a single function of the trigger by harnessing the energy of the recoil to reset the trigger. The key phrase here is “single function of the trigger.”

Effectively, this new rule classified bump stocks as machine guns, subjecting them to the stringent regulations and restrictions of the NFA. This meant that possessing, manufacturing, or selling bump stocks became illegal under federal law, unless properly registered and compliant with NFA requirements, which is practically impossible for new transfers.

Legal Challenges and Court Rulings

The 2018 rule change faced immediate legal challenges from gun rights organizations and individuals who argued that the ATF had overstepped its authority and that the reclassification was an unlawful interpretation of existing law.

Several lawsuits were filed, arguing that the ATF’s interpretation of “machine gun” was inconsistent with the statutory language and congressional intent. These challenges ultimately reached the Supreme Court.

Supreme Court Ruling: Affirming the Ban

In June 2024, the Supreme Court upheld the ATF’s rule change in Garland v. Cargill. The Court, in a 6-3 decision, ruled that bump stocks can indeed be classified as machine guns under federal law because they allow a shooter to fire multiple shots with “a single function of the trigger.” This ruling effectively cemented the federal ban on bump stocks.

The Current Legal Status: A Summary

• Federal Law: Bump stocks are generally illegal to possess, manufacture, or sell under federal law due to the ATF’s 2018 rule change and the Supreme Court’s upholding of that rule in Garland v. Cargill.
• State Laws: Some states had already banned bump stocks prior to the federal rule change. These state laws remain in effect and may even be stricter than the federal regulations.
• Exceptions: There are very limited exceptions for law enforcement, government agencies, and properly licensed individuals who possessed bump stocks before the ban and registered them under the NFA (a process that is no longer generally available).

Frequently Asked Questions (FAQs) About Bump Stocks

Here are some frequently asked questions about the legality and implications of bump stocks, given the current legal landscape:

1. What happens if I still own a bump stock? You are generally required to have destroyed or surrendered the bump stock to the ATF. Continued possession could result in federal criminal charges.

2. Are there any legal alternatives to bump stocks? There are no legally recognized alternatives that replicate the bump stock’s function of rapidly accelerating the rate of fire of a semi-automatic firearm. Attempting to circumvent the ban with similar devices could lead to prosecution.

3. Can I modify my firearm to achieve a similar effect without using a bump stock? Modifying a firearm to function as a machine gun is illegal under federal law, regardless of whether a bump stock is used. Any device or modification that allows a firearm to fire more than one shot with a single function of the trigger is considered a machine gun.

4. What are the penalties for possessing or selling a bump stock? Violations of the National Firearms Act, including the illegal possession or transfer of machine guns (which now includes bump stocks), can result in severe penalties, including significant fines and imprisonment for up to 10 years.

5. Does the bump stock ban violate the Second Amendment? This argument has been raised in numerous legal challenges to the ban. However, courts have generally held that the ban is a reasonable regulation of firearms and does not violate the Second Amendment, especially considering the dangerous nature of bump stocks.

6. What if I inherited a firearm with a bump stock attached? The same rules apply. You are required to legally dispose of the bump stock. Simply possessing it, regardless of how you acquired it, is a violation of federal law.

7. Are there any grandfather clauses for bump stocks owned before the ban? No, there was no grandfather clause in the ATF’s rule change. Individuals who owned bump stocks before the ban were required to either destroy them or surrender them to the ATF. There was a brief period to register them, but that window has long since closed.

8. How does the federal ban affect state laws on bump stocks? The federal ban sets a minimum standard. States are free to enact stricter laws regarding bump stocks or other firearm accessories.

9. Is it legal to manufacture bump stocks for export to other countries? The legality of exporting bump stocks is complex and depends on the laws of both the United States and the destination country. Generally, exporting items regulated under the NFA requires strict licensing and compliance with export control regulations. Given the controversy surrounding bump stocks, obtaining the necessary permits is highly unlikely.

10. What is the difference between a bump stock and a trigger crank? A trigger crank is another type of firearm accessory designed to accelerate the rate of fire. It typically consists of a rotating handle that manually pulls the trigger multiple times. While not directly addressed in the 2018 rule change, trigger cranks could potentially be subject to similar legal scrutiny if they are found to effectively convert a semi-automatic firearm into a machine gun. The ATF evaluates these devices on a case-by-case basis.

11. If the law changes again, can I legally own a bump stock in the future? It is possible that future legislation or court decisions could alter the legal status of bump stocks. However, given the current political climate and the Supreme Court’s ruling, such a change is unlikely in the near future. It is essential to stay informed about any changes in the law and to comply with all applicable regulations.

12. Where can I get legal advice about bump stocks and firearm laws? If you have questions about bump stocks or firearm laws, it is crucial to consult with a qualified attorney who specializes in firearm law. They can provide personalized legal advice based on your specific circumstances and the relevant federal and state laws.

Conclusion: Navigating the Complex Legal Terrain

The legal status of bump stocks is clear. They are essentially banned at the federal level due to the ATF’s 2018 rule change and the Supreme Court’s subsequent ruling. Navigating the complex landscape of firearm laws requires vigilance and adherence to the regulations. Failure to comply can result in serious legal consequences. Always consult with a qualified legal professional if you have any doubts or concerns about the legality of firearm accessories or modifications. This is not legal advice.