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Are bump stocks illegal?

Published in Firearms Regulation 3 mins read

No, federally, bump stocks are no longer illegal for most US civilians as of June 14, 2024. This change occurred when a federal regulation making them illegal was struck down by the U.S. Supreme Court in its Garland v. Cargill decision.

Understanding the Legal Status of Bump Stocks

The legal status of bump stocks has undergone a significant transformation, moving from a federally prohibited accessory to one that is no longer banned under federal law. This shift is a direct result of a landmark Supreme Court ruling.

Historical Context

Prior to June 14, 2024, bump stocks were considered illegal for nearly all US civilians under a federal regulation. This regulation classified bump stocks as "machineguns" under federal law, primarily due to their ability to enable a semi-automatic firearm to fire at a rate similar to that of an automatic weapon. This classification led to a nationwide ban on their possession and sale.

Current Federal Legal Status

The situation changed dramatically on June 14, 2024, when the U.S. Supreme Court issued its decision in the case of Garland v. Cargill. This ruling overturned the federal regulation that had previously outlawed bump stocks. Consequently, under federal law, these devices are no longer prohibited for most civilians.

Key Implications of the Ruling:

  • Federal Legality: Bump stocks are no longer federally classified as machineguns, effectively making them legal to possess and sell under federal law.
  • Previous Bans Overturned: The federal ban that was in place since 2019 is now nullified.

State and Local Laws

While the Supreme Court's decision impacts federal law, it's crucial to understand that state and local laws regarding bump stocks may differ. Many states and localities have their own regulations, some of which may still prohibit or restrict the ownership and use of bump stocks regardless of the federal ruling. Therefore, individuals must check their specific state and local laws to ensure compliance.

Summary of Legal Shift

To illustrate the change, consider the following overview:

Aspect Before June 14, 2024 After June 14, 2024 (Federal)
Federal Legal Status Generally illegal for US civilians under federal regulation. No longer illegal under federal law due to Supreme Court ruling.
Legal Basis for Ban ATF rule classifying them as machineguns. Federal regulation struck down by Supreme Court.
Key Event Enforcement of the federal ban (2019). Garland v. Cargill Supreme Court decision.

This table highlights the significant shift in the federal legal landscape concerning bump stocks.