The ATF Must Return Improperly Seized Bump Stocks – But the Clock is Ticking For Owners to Reclaim Weapons

Owners must act within 90 days to reclaim their property. The ATF did not explain how it arrived at that time frame.

Gun-owners who surrendered their bump stocks to the Bureau of Alcohol, Tobacco, Firearms and Explosives now may retrieve them following a ruling from the U.S. Supreme Court – but the owners have to act fast, or lose the weapons entirely.

The ATF has said it will return bump stocks to their original owners after the nation’s high court ruled that the agency had wrongly classified bump stocks as machine guns. Owners must act within 90 days to reclaim their property. The ATF did not explain how it arrived at that time frame.

Last week, the ATF mailed out letters titled “Notice of Opportunity to Request Return of Bump Stock(s) in ATF Custody” to people who previously surrendered the weapons. The letters includes instructions for contacting the ATF via a Washington D.C. address or email, to arrange the return of the devices. Local ATF field offices will coordinate the process.

The ATF turnaround follows a Supreme Court ruling that addressed the ATF’s mistaken contention that a bump stock is a machine gun.

“With a machinegun, a shooter can fire multiple times, or even continuously, by engaging the trigger only once,” the court wrote in its opinion. “This capability distinguishes a machinegun from a semiautomatic firearm.”

The court wrote that bump stocks can assist with rapid firing, but do not reach the threshhold to define a machine gun.

“A bump stock does not alter the basic mechanics of bump firing, and the trigger still must be released and reengaged to fire each additional shot,” the court wrote.

The ATF now must comply with the Court’s directive, but has imposed a deadline for gun owners to reclaim their property.

“Bump stocks that remain unclaimed after 90 days may be considered “unclaimed or abandoned and may be subject to disposal,” the letters note.

Gun-rights advocates say the 90-day return window may set a precedent for returning other firearm accessories that previously were seized, such as pistol braces and aftermarket triggers, pending similar rulings.