ATF Rulings 2024-2026: Pistol Braces, Bump Stocks, Frames & Receivers

Bump stocks: Garland v. Cargill (June 2024)

The ATF reclassified bump stocks as "machine guns" under the National Firearms Act in 2018, making existing owners felons unless they destroyed or surrendered the devices. The reclassification followed the October 2017 Las Vegas shooting and was driven by executive-branch action, not new legislation.

Michael Cargill, a Texas firearms dealer, surrendered his bump stocks under protest and sued, arguing the ATF lacked statutory authority to redefine the term "machine gun" to include devices that didn't convert a rifle to fully automatic within the meaning of 26 U.S.C. §5845(b).

On June 14, 2024, the Supreme Court ruled 6-3 in Cargill's favor. Writing for the majority, Justice Thomas held that a semi-automatic rifle equipped with a bump stock does not fire "by a single function of the trigger" because each shot still requires the trigger to reset and be pressed again — even if the rifle's reciprocating motion does most of the work. The ATF's 2018 rule was invalidated.

Status: Bump stocks are once again legal accessories under federal law. State law varies: California, Delaware, Florida, Hawaii, Maryland, Massachusetts, New Jersey, New York, Rhode Island, Vermont, Washington, and the District of Columbia prohibit bump stocks by state statute, and those prohibitions survived Cargill.

Ghost guns: Bondi v. VanDerStok (March 2025)

In 2022, the ATF issued Final Rule 2021R-05F, redefining the term "firearm" in the Gun Control Act to include partially-machined frames and receivers that could be "readily" completed into functional firearms — the category commonly called 80% receivers or "ghost gun kits." The rule required commercial kits to bear serial numbers and move through FFL channels with 4473 and NICS, just like complete firearms.

Jennifer VanDerStok and others challenged the rule, arguing the ATF had exceeded its statutory authority by regulating components that weren't yet firearms. The Fifth Circuit struck the rule down. The Supreme Court granted cert, and on March 26, 2025, reversed: the ATF's rule was a valid exercise of agency authority under the GCA, because the statute's definition of "firearm" includes items "designed to" or "may readily be converted to" fire a projectile.

Status: The 2022 rule is in full force. Commercial 80% kits must ship through FFLs with serials and 4473. Personal manufacture of a firearm by an individual for personal use remains lawful under federal law — but the individual must serialize it per state law where required (California, New York, New Jersey, Washington, Oregon, Illinois, Hawaii, Colorado, Rhode Island, Nevada, Delaware, Maryland, Connecticut, DC all have PMF registration or serialization laws).

Pistol braces: Mock v. Garland and the aftermath

Pistol braces — originally designed as stabilizing devices for veterans with disabilities — became a popular accessory on AR-pistols and similar firearms through the 2010s. In January 2023, the ATF published Final Rule 2021R-08F, reclassifying braced pistols that met certain criteria as short-barreled rifles (SBRs) — NFA-regulated items requiring a $200 tax stamp and ATF registration.

Rather than confiscate millions of braced pistols, the ATF opened a 120-day tax-free amnesty registration period. Owners could register their firearms as SBRs under Form 1 without paying the $200 tax, destroy them, remove the brace, or install a 16"+ barrel.

Legal challenges were immediate. In Mock v. Garland, the Fifth Circuit held that the final rule differed so substantially from its noticed proposal that it violated the Administrative Procedure Act. District courts broadly enjoined enforcement. Through 2024 and into 2025, the rule was effectively stayed in most of the country.

On May 6, 2026, ATF published a proposal to remove the two regulatory paragraphs added in 2023 to the definition of “rifle.” A proposed rule does not by itself change the Code of Federal Regulations, and separate state restrictions may still apply.

Status checked August 3, 2026: the 2023 rule has been impaired by litigation and ATF has proposed rescinding its added criteria. Check the final-rule record, current court orders and state law before acting.

"Engaged in the business" rule (2024)

The Bipartisan Safer Communities Act of 2022 amended the definition of "engaged in the business" of dealing firearms — the line between a private collector who occasionally sells and a person who needs an FFL. In April 2024, the ATF published Final Rule 2022R-17F implementing the statutory change.

The statute changed the profit-related standard, and the 2024 rule added regulatory definitions, examples and presumptions. Whether a person must be licensed depends on the statutory text and the facts; there is no safe numerical threshold based simply on a number of firearms sold.

Status checked August 3, 2026: ATF announced a May 2026 proposal to rescind portions of the 2024 regulatory changes while retaining the definition enacted by Congress. Anyone whose activity may constitute dealing should consult the current statute, final regulations and qualified counsel.

Forced-reset triggers

Forced-reset triggers (FRTs) and similar binary/positive-reset devices allow semi-automatic rifles to fire at rates approaching full-auto, using a mechanism that resets the trigger automatically after each shot. In 2021–2022, the ATF classified certain FRTs as machine guns under the NFA, citing the Akins Accelerator line of precedent.

Litigation has been fragmented. In National Association for Gun Rights v. Garland, a district court rejected the ATF classification as to certain FRT models. Other courts have sustained ATF classifications for other models. The Fifth Circuit and the Supreme Court have not yet resolved the question cleanly.

Status: Unsettled. Ownership of devices sold as FRTs is high-legal-risk. ATF enforcement actions against sellers and possessors have continued. Do not assume a device is lawful based on its retail labeling — request model-specific counsel in your jurisdiction.

What it means for buyers and FFLs

For buyers

• Bump stocks: legal federally, check state law before purchase. Cargill doesn't preempt state bans.
• 80% kits: commercial kits now require FFL transfer. Personal manufacture (without commercial sale) remains lawful federally but check state registration laws.
• Braced pistols: ordinary possession broadly safe; new builds carry residual legal risk until the landscape fully settles.
• Gun show / online private sales: no fixed annual quantity determines whether a licence is required. The statutory purpose, repetition and circumstances matter; consult current primary law.

For FFLs

• More transfers in the pipeline. 80% kits and formerly-private sales now funneling through licensed dealers means more volume — and more liability for correct 4473 handling.
• Expanded compliance surface. The engaged-in-business rule means FFLs may see applications from prior hobbyist sellers. The C&R collector segment is distinct and unaffected.
• Pistol brace guidance: stock or remove braces based on the individual state posture. Don't rely on a single national answer.