What is bump stock charges

| by Max Soni

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling federal criminal defense cases across the country. You’ve probably heard about some of the cases we’re famous for handling – the Anna Delvey case that became a Netflix series, the Ghislaine Maxwell juror misconduct case, cases that others said were unwinnable. If you’re reading this, you’re likely facing bump stock charges or worried about possession – and you need answers fast.

Bump stock charges used to mean federal machine gun possession with ten-year mandatory minimums. That changed in June 2024 when the Supreme Court ruled the ATF exceeded its authority. But the law didn’t disappear – it just shifted to the states, and fifteen states still ban bump stocks with felony penalties that can send you to prison for years. The confusion around bump stock legality is dangerous, prosecutions still happen, and one mistake can turn a firearm accessory into a felony conviction.

The Supreme Court Overturned the Federal Ban

On June 14, 2024, the Supreme Court decided Garland v. Cargill and struck down the federal bump stock ban. The Court ruled 6-3 that bump stocks don’t meet the definition of “machinegun” under the National Firearms Act of 1934. The NFA defines a machinegun as a weapon that fires “automatically more than one shot, without manual reloading, by a single function of the trigger.” Bump stocks don’t do that – they require continuous manual pressure to bump the trigger repeatedly, which means multiple trigger functions.

This wasn’t a Second Amendment case. The Court ruled that the ATF overstepped its authority by rewriting the definition of machine gun without Congress changing the law. After March 2019, when the ATF rule took effect, anyone caught with a bump stock faced machine gun charges – ten years in federal prison, $250,000 fines. The ATF told bump stock owners to destroy them or surrender them.

That federal ban is gone now. But here’s what most people miss – fifteen states enacted their own bump stock bans, and those laws are still on the books in 2025. California banned bump stocks back in 1990. Nevada, New York, Massachusetts, New Jersey, Connecticut, Delaware, Florida, Hawaii, Maryland, Minnesota, Rhode Island, Vermont, Washington, and DC all have state-level bans. The Supreme Court decision only invalidated the federal rule.

Federal Prosecutions Mostly Failed Before Cargill

The first federal bump stock prosecution after the Trump-era ban went to trial in Houston in 2020 – and it collapsed. Ajay Dhingra was indicted in August 2019 on four counts including possession of a machine gun after ATF agents found bump stocks during a search. Federal prosecutors withdrew the bump stock charge before trial because they couldn’t prove beyond a reasonable doubt that a bump stock made a gun into a machine gun.

Circuit courts were split on whether the ATF rule was valid. The Sixth Circuit ruled in 2021 that bump stocks weren’t machine guns. Other circuits upheld the ban. Federal prosecutors knew these cases were vulnerable, which is why there were so few prosecutions between 2019 and 2024. If you were charged federally during that period, you were looking at 18 U.S.C. § 922(o) – unlawful possession of a machine gun, carrying up to ten years in federal prison.

State Bump Stock Charges Are Still Real in 2025

You’re not safe just because the Supreme Court overturned the federal ban. State prosecutions continue – and state penalties are harsh.

California Penal Code § 32900 makes bump stock possession a wobbler offense, meaning prosecutors can charge it as a misdemeanor or felony. As a misdemeanor, you face up to one year in county jail and a $1,000 fine. As a felony, you’re looking at 16 months to three years in state prison and up to $10,000 in fines. Nevada law makes it unlawful to possess, manufacture, transfer, or sell bump stocks – one to four years in state prison and fines up to $5,000. Florida banned bump stocks after Parkland, with third-degree felony penalties up to five years.

State prosecutors don’t actively hunt for bump stock cases, but if you get pulled over and cops find one during a vehicle search, if your home gets searched on a warrant for something else and they find bump stocks, you’re getting charged. It becomes an add-on charge that gives prosecutors leverage in plea negotiations.

Defense Strategies Depend on Timing and Jurisdiction

If you’re facing federal bump stock charges for conduct before June 14, 2024, you’ve got a strong motion to dismiss based on Cargill. The Supreme Court held that bump stocks aren’t machine guns under the NFA, which means the conduct wasn’t criminal under federal law. Federal prosecutors are dismissing these cases or reducing charges to lesser firearms violations.

For state charges, Cargill doesn’t help you. State courts will follow state law, and your defense has to attack the case on different grounds – lack of knowledge, unlawful search and seizure, constructive possession issues. California’s wobbler statute gives defense attorneys negotiating room to push for a misdemeanor instead of a felony.

Possession cases often come down to knowledge. Prosecutors have to prove you knew the device was a bump stock and that you knew it was illegal. If you inherited firearms and a bump stock was mixed in with the collection, that’s a viable defense. Constructive possession fights work when the bump stock was found in a shared space – a house with multiple residents, a vehicle with multiple passengers. If the government can’t prove it was yours specifically, they can’t convict you.

What You Should Do If You Face Charges

If you own a bump stock in a state where they’re banned – California, Nevada, New York, New Jersey, any of the fifteen states with prohibitions – you’re committing a felony every day you possess it. Destroy it, surrender it to law enforcement, or move it to a state where it’s legal. The risk isn’t worth it.

If you’re already charged – don’t talk to investigators, don’t try to explain it away, don’t consent to searches. Every bump stock case we handle starts with a client who talked to police without a lawyer present and made admissions that destroyed their defense. You have the right to remain silent. Use it.

Federal charges require immediate response because pretrial detention decisions happen fast. State charges give you more time but the consequences are just as serious – a felony conviction means you lose your gun rights federally under 18 U.S.C. § 922(g)(1).

At Spodek Law Group – we’ve defended federal firearms cases for decades, including machine gun charges, felon in possession cases, and unlicensed dealer prosecutions. The legal landscape around bump stocks changed overnight when the Supreme Court issued Cargill, but state prosecutions didn’t stop, and the confusion around what’s legal and what’s criminal is creating more cases every month. We’ve been interviewed by the New York Post, Newsweek, Bloomberg – media outlets cover our cases because we handle the complex firearms prosecutions that other law firms won’t touch. If you’re facing bump stock charges or any federal firearms case, you need experienced legal representation immediately. Reach out to us – we’re available 24/7, we handle cases nationwide, and we’ve built our reputation on winning cases others said were unwinnable.