Bump stocks are legal under federal law after the Supreme Court’s June 2024 decision in Garland v. Cargill, but roughly 16 states and the District of Columbia still ban them under their own statutes. Whether you can legally own one comes down entirely to where you live.
Federal Law After Cargill
On June 14, 2024, the Supreme Court ruled 6–3 that the Bureau of Alcohol, Tobacco, Firearms and Explosives exceeded its authority when it classified bump stocks as machineguns in 2018.1Supreme Court of the United States. Garland v. Cargill The decision was not a Second Amendment ruling. It turned on a narrow reading of the federal machinegun statute, which covers weapons that fire “automatically more than one shot, without manual reloading, by a single function of the trigger.”2Office of the Law Revision Counsel. 26 USC 5845 – Definitions
The Court concluded a bump-stock-equipped rifle does not meet that definition. Each round still involves a separate function of the trigger, and the rifle does not fire “automatically” because the shooter has to keep constant forward pressure on the barrel to maintain the cycle. Releasing that pressure stops the fire even if the trigger finger stays put. A traditional machinegun, by contrast, keeps firing as long as the trigger is held.1Supreme Court of the United States. Garland v. Cargill
The practical effect is that the 2018 ATF rule making possession or transfer a federal crime under 18 U.S.C. § 922(o) is no longer enforceable.3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Bump stocks are back to being treated as ordinary firearm accessories at the federal level.
States That Still Prohibit Bump Stocks
The ruling struck down only the federal regulation. It did nothing to state laws, and roughly 16 states plus the District of Columbia continue to ban bump stocks through their own statutes. The ATF has acknowledged that “certain state and local laws still prohibit the use, possession and/or transfer of non-mechanical bump stocks” and directs owners to consult an attorney about their state’s rules.4ATF. Bump Stocks
Penalties vary. In some states illegal possession is a misdemeanor. In others it is a felony carrying years in prison. Narrow exceptions exist in some places for law enforcement or licensed manufacturers on military contracts, but those do not reach ordinary civilians. Check your state’s current firearms statutes before buying or possessing one; the federal ruling will not protect you from a state prosecution.
No Federal Background Check or Registration
Because bump stocks are once again accessories rather than firearms or National Firearms Act items, they carry no federal background check, no Form 4473, and no federal licensing requirement. Before the 2018 rule, the ATF itself acknowledged that buyers “have been able to legally purchase these devices without undergoing background checks or complying with any other Federal regulations applicable to firearms.”5Federal Register. Bump-Stock-Type Devices Cargill restored that status.
In states where they are legal, bump stocks can be bought, sold, and privately transferred like any other rifle accessory, with no federal paperwork specific to the device. Some states impose their own rules on firearm accessories, so no federal regulation does not always mean no paperwork.
Auto Sears and Glock Switches Are a Different Question
This is the point where people get into serious trouble. Cargill applies only to bump stocks. It does not legalize auto sears, “Glock switches,” forced reset triggers, or any other device designed to convert a semiautomatic weapon into a fully automatic one.
The federal machinegun definition covers “any part designed and intended solely and exclusively…for use in converting a weapon into a machinegun.”2Office of the Law Revision Counsel. 26 USC 5845 – Definitions An auto sear catches the hammer and releases it as each new cartridge loads while the trigger stays depressed. The Court explicitly noted in a footnote that “an auto sear thus permits a shooter to fire multiple shots while engaging the trigger only once,” which fits the machinegun definition.1Supreme Court of the United States. Garland v. Cargill A conversion device by itself, uninstalled, is an illegal machinegun under federal law.
Possessing an auto sear or Glock switch carries the same federal exposure as an unregistered machinegun: up to 10 years in prison and a fine of up to $250,000. Reading the Cargill headlines as covering these devices is a mistake that leads to federal charges.
Could Congress Change This
Yes. Because the Court’s objection was to the ATF rewriting a statute by regulation rather than to any constitutional barrier, Congress can pass legislation that defines bump stocks as machineguns or otherwise bans them. The “Closing the Bump Stock Loophole Act of 2025” (H.R. 2799) was introduced and referred to the House Judiciary and Ways and Means Committees in April 2025, with no further action since.6Congress.gov | Library of Congress. H.R.2799 – 119th Congress (2025-2026): Closing the Bump Stock Loophole Act of 2025 Any such law would supersede Cargill, so it is worth watching federal legislative developments.
If You Surrendered a Bump Stock Under the 2018 Rule
There is no path to compensation or return of property for owners who surrendered or destroyed bump stocks during the 90-day window before March 26, 2019. The Department of Justice announced at the time that “no compensation will be provided for the device.”7United States Department of Justice. Department of Justice Announces Bump-Stock-Type Devices Final Rule The Cargill case challenged the legality of the regulation, not the handling of surrendered property, and no reimbursement program exists.
The short version worth repeating: federal law no longer prohibits bump stocks, but your state law might, and treating the Supreme Court ruling as a blanket green light without checking your state’s statutes can result in felony charges.