Are bump stocks legal? Under federal law, yes — the Supreme Court struck down the ATF’s nationwide ban in June 2024. But at least 18 states prohibit bump stocks under their own laws, and those bans are fully enforceable. Whether you can legally own or carry one depends entirely on the state you’re in.
States That Ban Bump Stocks
Eighteen states currently prohibit bump stocks by statute: California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Virginia, and Washington. Oregon’s ban was enacted in 2025, after the Supreme Court’s decision.
These laws were passed independently of the federal rule, so the Supreme Court’s ruling did nothing to weaken them. If you live in one of these states, a bump stock is illegal to possess regardless of what federal law says.
How each state defines the prohibited device matters, because some laws sweep in more than just bump stocks:
- California uses a “multiburst trigger activator” definition that covers any device attached to a semi-automatic firearm allowing it to discharge two or more shots in a burst, or any device that increases the rate of fire.
- Connecticut bans any accessory that uses recoil energy to generate a reciprocating action causing repeated function of the trigger, and explicitly names bump stocks, trigger cranks, and binary trigger systems.
- Maryland’s “rapid fire trigger activator” category covers bump stocks, trigger cranks, hellfire triggers, binary trigger systems, burst trigger systems, and auto sears together.
In several states, owning a bump stock is illegal even if it has never been attached to a rifle. In the states with broader language, other rate-increasing accessories are prohibited too.
Penalties
Penalties depend on the state and, in some cases, on whether the person holds a firearms permit. California authorizes up to one year of imprisonment for possession. Connecticut treats it as a class D misdemeanor for permit holders and a class D felony for those without a permit. Maryland classifies violations as misdemeanors. Several states with felony-level penalties authorize prison terms of up to five years, and fines can reach $5,000 or more in some jurisdictions.
Driving Through a Ban State
Interstate travel is where owners get into trouble. The Firearm Owners Protection Act creates a safe harbor for transporting firearms through states where they’d otherwise be illegal, provided the firearm is unloaded and inaccessible during transport.1Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms FOPA protects “firearms,” not firearm accessories. A bump stock on its own is not a firearm, so the safe harbor almost certainly doesn’t cover it.
That means driving through a ban state with a bump stock in the vehicle can expose you to state charges even if you’re just passing through, and even if your origin and destination states both allow the device. Check the law of every state on your route.
Federal Law After Garland v. Cargill
The federal side of the answer comes from Garland v. Cargill, decided 6–3 on June 14, 2024. The question was whether a semi-automatic rifle with a bump stock attached qualifies as a “machinegun” under 26 U.S.C. § 5845(b).2Office of the Law Revision Counsel. 26 USC 5845 – Definitions The Court held it does not. Justice Thomas, writing for the majority, reasoned that the rifle’s trigger still completes a separate mechanical cycle for each round fired; the bump stock speeds up the cycle but doesn’t fire multiple rounds from a single function of the trigger.3Supreme Court of the United States. Garland v. Cargill – Syllabus
The decision invalidated the ATF’s 2018 rule, which had classified bump stocks as machineguns and made possession a federal felony carrying up to ten years in prison.4Bureau of Alcohol, Tobacco, Firearms and Explosives. Bump Stocks5Office of the Law Revision Counsel. 26 USC 5871 – Penalties Federal law enforcement no longer has authority to prosecute anyone for bump stock possession under the National Firearms Act. People who surrendered or destroyed devices under the federal mandate can acquire new ones, subject to state and local law.
The Court also made clear that any future federal ban has to come from Congress, not from an ATF rulemaking.
Binary Triggers and Forced Reset Triggers
Two related accessories often come up in the same conversation, and their federal status differs from bump stocks in some respects.
A binary trigger fires one round when the trigger is pulled and another when it’s released. The ATF treats each pull and release as separate trigger functions, so binary triggers are not machineguns under federal law. Several states ban them independently, especially those with broad trigger-activator definitions such as Connecticut and Maryland.
A forced reset trigger uses a modified internal mechanism to push the trigger forward mechanically after each shot, speeding the reset. The ATF under the Biden administration classified FRTs as machineguns. That classification was struck down in July 2024 by a federal court ruling that Rare Breed FRT-15s and Wide Open Triggers are not machineguns under the NFA. In June 2025, the government entered a settlement confirming it will not enforce machinegun laws against anyone for possessing or transferring an eligible FRT.6Bureau of Alcohol, Tobacco, Firearms and Explosives. Rare Breed Triggers FRT-15s and Wide-Open Triggers WOTs Return
Machinegun conversion devices such as auto sears, switches, and lightning links remain illegal under federal law.6Bureau of Alcohol, Tobacco, Firearms and Explosives. Rare Breed Triggers FRT-15s and Wide-Open Triggers WOTs Return And state bans on FRTs and binary triggers apply regardless of the federal picture.
Will Congress Ban Bump Stocks?
Legislation has been introduced but has not advanced. In the 119th Congress, the Closing the Bump Stock Loophole Act of 2025 (H.R. 2799) was introduced in the House and referred to committee in April 2025.7Congress.gov. H.R.2799 – 119th Congress (2025-2026) – Closing the Bump Stock Loophole Act of 2025 Similar bills in the previous Congress did not clear committee. As of mid-2025, no federal bump stock bill has reached a floor vote.
Until that changes, the rule of thumb for owners is simple: federal law permits bump stocks, state law is where you’ll find the prohibition if there is one, and the burden of knowing which state you’re standing in falls on you.