Questions about bump-stock-style devices, the final rule clarifying that bump stocks fall under the definition of "machinegun" under federal law, and how to destroy them or abandon them at local ATF offices.
Bump Stocks
The final rule clarifies that the definition of “machinegun” in the Gun Control Act (GCA) and National Firearms Act (NFA) includes bump-stock-type devices, i.e., devices that allow a semiautomatic firearm to shoot more than one shot with a single pull of the trigger by harnessing the recoil energy of the semiautomatic firearm to which it is affixed so that the trigger resets and continues firing without additional physical manipulation of the trigger by the shooter.
The final rule adopts with minor changes the proposed amendments as stated in the NPRM. The final rule amends the regulatory text of “machine gun” by adding the following language: “The term ‘machinegun’ includes bump-stock-type devices, i.e., devices that allow a semiautomatic firearm to shoot more than one shot with a single pull of the trigger by harnessing the recoil energy of the semi-automatic firearm to which it is affixed so that the trigger resets and continues firing without additional physical manipulation of the trigger by the shooter.
Furthermore, the final rule defines “automatically” and “single function of the trigger” as those terms are used in the statutory definition of machinegun. Specifically, based on relevant case law, “automatically” means functioning as a result of a self-acting or self-regulating mechanism that allows the firing of multiple rounds through a single function of the trigger and “single function of the trigger” means single pull of the trigger and analogous motions. The NPRM proposed the same except for the term “single function of the trigger,” which was defined to mean “single pull of the trigger” without clarifying that “analogous motions” to a single trigger pull are included within that term, as stated in the final rule.
The rule went into effect March 26, 2019; 90 days from the date it was published in the Federal Register.
Current possessors of bump-stock-type devices must divest themselves of possession before the effective date of the final rule.
One option is to destroy the device, and the final rule identifies possible methods of destruction, to include completely melting, shredding, or crushing the device. Any method of destruction must render the device incapable of being readily restored to function.
Current possessors also have the option to abandon bump-stock-type devices at the nearest ATF office. ATF advises that it is best to make an appointment beforehand with the nearest ATF office. Please consult the Local ATF Offices webpage for office contact information.
You may contact your local law enforcement office to see if they are willing to accept your bump-stock-type device; however, they are not required to accept them. Possessors wishing to abandon their devices have the option to do so at the nearest ATF office. It is strongly encouraged that an appointment be made in advance. Please consult the Local ATF Offices webpage for office contact information.
The U.S. Department of Justice will not provide compensation to persons who destroy or abandon their bump-stock-type devices.
No.
No. Regardless of state or local law, persons will not be allowed to possess bump-stock-type devices after the effective date.
The bump-stock-type devices final rule is available for review on the Rulemaking page of the ATF website.
The rule is also published in the Federal Register at https://www.govinfo.gov/content/pkg/FR-2018-12-26/pdf/2018-27763.pdf.
The amendments made by this rule appear in 27 CFR Parts 447, 478, and 479.
