Bump stocks are legal under federal law. The U.S. Supreme Court struck down the federal ban in June 2024 in Garland v. Cargill, ruling that the ATF had no authority to classify the devices as machineguns.1Cornell Law School Legal Information Institute. Garland v. Cargill That’s the federal answer. The state answer is different in about 18 states, where possession is still a crime that ranges from a misdemeanor to a felony carrying up to five years in prison. Where you live, and where you travel, decides whether you can own one.
The Federal Picture After Cargill
The 6-3 decision on June 14, 2024, turned on the statutory definition of “machinegun” in 26 U.S.C. § 5845(b): a weapon that shoots “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 majority concluded a bump stock fails both prongs. The trigger still resets between shots, and the shooter must maintain forward pressure to keep the cycle going, so the device doesn’t fire multiple rounds per trigger function and doesn’t operate automatically.
What that means in practice: bump stocks are no longer machineguns under federal law. They are not subject to the National Firearms Act’s registration system, and possessing one does not violate the federal machinegun prohibition in 18 U.S.C. § 922(o).3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The ATF began mailing notices to people who had surrendered devices under the old rule, offering to return them.4Bureau of Alcohol, Tobacco, Firearms and Explosives. Bump Stocks
Because bump stocks aren’t firearms or NFA items, no federal background check, FFL transfer, or tax stamp is required to buy one. In states that allow them, you can purchase online or at a gun show the same way you’d buy a scope.
States That Still Ban Bump Stocks
The Cargill ruling addressed only federal law. State bans remain fully enforceable, and the Court did not rule on their constitutionality. Roughly 18 states prohibit bump stocks:
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Hawaii
- Illinois
- Maryland
- Massachusetts
- Minnesota
- Nevada
- New Jersey
- New York
- Oregon
- Rhode Island
- Vermont
- Virginia
- Washington
The statutory language matters as much as the list. Several of these states use definitions broader than the term “bump stock.” California bans “multiburst trigger activators,” which reaches any device attached to a semi-automatic firearm that increases its rate of fire. Florida prohibits any accessory “used to alter the rate of fire of a firearm to mimic automatic weapon fire.” Washington groups bump-fire stocks with machineguns and short-barreled rifles as prohibited weapons.5Washington State Legislature. RCW 9.41.190 – Unlawful Firearms, Exceptions If you’re in one of these states, read the actual statute; the phrase used in your state’s law is more important than the label on the product.
A handful of cities and counties add their own restrictions on rate-of-fire accessories on top of state law, so a local check is worth the few minutes it takes.
What Possession Costs in a Ban State
Penalties vary widely. Three examples show the range:
- Florida: third-degree felony, up to five years in prison.6The Florida Legislature. Florida Statutes 790.222 – Bump-Fire Stocks Prohibited
- Washington: class C felony, up to five years in prison and a fine of up to $10,000.5Washington State Legislature. RCW 9.41.190 – Unlawful Firearms, Exceptions
- California: possession of a multiburst trigger activator can be punished by up to one year in county jail or a term in state prison.7California Legislative Information. California Penal Code 32900
The device does not need to be attached to a firearm for charges to apply. Keeping one in a drawer is enough. Probation, community service, and forfeiture of the device are common additional outcomes, and a felony conviction typically strips your right to possess firearms afterward. For most gun owners, that collateral loss is the more serious consequence.
Buying and Shipping
Ordering a bump stock online and having it shipped to a ban-state address is still illegal under that state’s law, even if the seller sits in a jurisdiction where the device is legal. The point of possession is what triggers the state statute. There is no federal minimum age for a firearm accessory purchase, though retailers can set their own policies.
Driving Through a Ban State
This is where lawful owners get caught. If you own a bump stock legally in your home state and drive through New Jersey, Maryland, or New York on a trip, you’re carrying prohibited contraband from the moment you cross the state line. The Firearm Owners Protection Act includes a safe-passage provision for transporting firearms through restrictive states, but the statute protects a person transporting “a firearm” that is unloaded and inaccessible.8U.S. Government Publishing Office. 18 USC 926A – Interstate Transportation of Firearms A bump stock is an accessory, not a firearm. FOPA was not written to cover accessories, and relying on it during transport through a ban state is not a defense any attorney would recommend building on.
If your route crosses a ban state, leave the device at home or ship it separately to your destination.
Related Devices Are Not Automatically Legal
The Cargill decision was narrow. It turned on how a bump stock interacts with a trigger, and it doesn’t give blanket cover to every device that increases a rate of fire. Each accessory is evaluated on its own design.
Forced reset triggers (FRTs) became legal at the federal level through a separate case. In July 2024, a federal district court in Texas ruled in National Association for Gun Rights v. Garland that Rare Breed FRT-15s and Wide-Open Triggers are not machineguns, and the government later settled, agreeing not to enforce the machinegun statute against eligible FRTs.9Bureau of Alcohol, Tobacco, Firearms and Explosives. Rare Breed Triggers FRT-15s and Wide-Open Triggers (WOTs) Return Several states ban FRTs independently.
Binary triggers, which fire one round on the pull and one on the release, are legal under federal law. Around 15 states restrict them, often but not always the same states that ban bump stocks. If your state allows one type of device, don’t assume it allows the other.
Glock switches, auto sears, lightning links, and similar conversion parts that turn a semi-automatic weapon into a fully automatic one remain illegal under federal law. They fall squarely inside the statutory machinegun definition, which reaches “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 The federal penalty runs up to 10 years in prison.3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The ATF has stated that neither Cargill nor the FRT settlement extends to these conversion devices.9Bureau of Alcohol, Tobacco, Firearms and Explosives. Rare Breed Triggers FRT-15s and Wide-Open Triggers (WOTs) Return
What Could Change the Federal Answer
Congress could still ban bump stocks by statute. In April 2025, Representatives Dina Titus and Brian Fitzpatrick reintroduced the Closing the Bump Stock Loophole Act, which would prohibit the sale and possession of bump stocks and similar rapid-fire conversion devices.10U.S. Congresswoman Dina Titus. Rep. Dina Titus Reintroducing Legislation Banning Bump Stocks Senator Martin Heinrich introduced a companion bill in the Senate. As of early 2026, neither has reached a floor vote. A statutory ban would apply nationwide and would not rest on the regulatory authority the Supreme Court found insufficient in Cargill.