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Rule2026-089262026-05-06

Revising Machine Gun Definition in Response to Supreme Court Decision

Justice Department, Alcohol, Tobacco, Firearms, and Explosives Bureau

Abstract

The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") is amending Department of Justice ("Department") regulations in response to the Supreme Court's decision in Garland v. Cargill. The Supreme Court held that ATF exceeded its statutory authority in its December 2018 final rule titled "Bump-Stock-Type Devices" by classifying a bump stock as a "machine gun" because a semi-automatic rifle equipped with a non-mechanical bump-stock-type device is not a "machine gun" under the National Firearms Act. Accordingly, ATF is removing from the three regulatory definitions of "machine gun" the two sentences that incorporated bump stocks into those definitions.

Action & Dates

Action
Final rule.
Dates
This final rule is effective on May 6, 2026.
Effective Date
2026-05-06

CFR References

Topics

Administrative practice and procedureArms and munitionsChemicalsCustoms duties and inspectionExportsFreightImportsIntergovernmental relationsLaw enforcement officersMilitary personnelPenaltiesReporting and recordkeeping requirementsResearchScientific equipmentSeizures and forfeituresTaxesTransportation

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Justice Bureau of Alcohol, Tobacco, Firearms, and Explosives 27 CFR Parts 447, 478, and 479 [ATF No. 2024R-01F] RIN 1140-AA60 AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice. ACTION: Final rule. SUMMARY: The Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) is amending Department of Justice (“Department”) regulations in response to the Supreme Court's decision in Garland v. Cargill. The Supreme Court held that ATF exceeded its statutory authority in its December 2018 final rule titled “Bump-Stock-Type Devices” by classifying a bump stock as a “machine gun” because a semi-automatic rifle equipped with a non-mechanical bump-stock-type device is not a “machine gun” under the National Firearms Act. Accordingly, ATF is removing from the three regulatory definitions of “machine gun” the two sentences that incorporated bump stocks into those definitions. DATES: This final rule is effective on May 6, 2026. FOR FURTHER INFORMATION CONTACT: Office of Regulatory Affairs, by email at ORA@atf.gov , by mail at Office of Regulatory Affairs; Enforcement Programs and Services; Bureau of Alcohol, Tobacco, Firearms, and Explosives; 99 New York Ave NE; Washington, DC 20226, or by telephone at 202-648-7070 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: I. Background The Attorney General is responsible for enforcing the Gun Control Act (“GCA&rdquo

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Full Document

Citation: 91 FR 24348