Fast facts:  Supreme Court Overturns Bump Stock Ban

  • On June 14, 2024, the U.S. Supreme Court overturned the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) bump stock ban, ruling that bump stocks do not fall under the federal statutory definition of a machine gun.
  • The ruling did not address the constitutionality of banning bump stocks but stated that the ATF’s reinterpretation of the definition was incorrect. Therefore, bump stocks are still illegal in roughly one-third of the states and the District of Columbia.
  • Congress could still pass a law banning bump stocks, and legislative actions along those lines could occur in the future.
  • Individuals who disposed of their bump stocks based on the ATF’s ruling might have a possible cause of action under the Takings Clause, entitling them to compensation for the loss of their property. The result of any litigation based on such claims remains to be seen.
  • The ruling does not affect other devices that convert semi-automatic firearms into machine guns, such as auto sears, which remain illegal.

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