Bump stocks are not legal in Florida. Possessing, selling, or transferring one is a third-degree felony under Florida Statute 790.222, and the U.S. Supreme Court’s 2024 decision striking down the federal ban did nothing to change that. Florida enacted its own prohibition in 2018, and that state law operates independently of federal regulation.1Justia Law. Florida Code Title XLVI Chapter 790 Section 790-222 – Bump-Fire Stocks Prohibited
Why the Supreme Court Ruling Didn’t Reach Florida
On June 14, 2024, the Supreme Court decided Garland v. Cargill, holding that a semiautomatic rifle equipped with a bump stock does not meet the statutory definition of a “machine gun” because it cannot fire more than one shot by a single function of the trigger. The Court found the ATF had exceeded its authority when it classified bump stocks as machine guns in a 2018 rule.2Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Bump Stocks
That ruling was about a federal agency’s power to reinterpret a federal statute. It did not strike down any state law. The ATF itself now notes on its website that “certain state and local laws still prohibit the use, possession and/or transfer of non-mechanical bump stocks.”2Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Bump Stocks Florida is one of roughly 16 states with an active state-level ban. Because the Florida prohibition sits in the state’s own criminal code, only the Florida legislature can repeal it.
What Florida’s Statute Actually Prohibits
Section 790.222 is short and sweeping. It bans importing, transferring, distributing, selling, keeping for sale, offering for sale, possessing, or giving a bump-fire stock to another person anywhere in the state.1Justia Law. Florida Code Title XLVI Chapter 790 Section 790-222 – Bump-Fire Stocks Prohibited There is no grandfather clause for devices bought before the 2018 law took effect. No registration option. No exception for private ownership or personal use. If you have one in Florida, you are committing a felony regardless of when or where you acquired it.
The statute also carries no carve-outs for law enforcement officers, military personnel, or licensed firearms dealers.3Florida Senate. Chapter 790 Section 222 – Bump-fire Stocks Prohibited That is a departure from many other Florida firearms provisions, which typically exempt on-duty officers or authorized government use.
How Florida Defines a Bump-Fire Stock
The definition is deliberately broad. Florida treats a “bump-fire stock” as any conversion kit, tool, accessory, or device used to alter a firearm’s rate of fire to mimic automatic weapon fire, or to increase the rate of fire of a semiautomatic firearm beyond what a person could achieve without the device.3Florida Senate. Chapter 790 Section 222 – Bump-fire Stocks Prohibited
Nothing in the definition limits it to commercially manufactured products. The language is function-based. What the device does determines legality, not what the manufacturer calls it or what it looks like, which means homemade or improvised devices can also fall within the ban.
Binary Triggers and Forced Reset Triggers
The breadth of the statute raises obvious questions about other rapid-fire accessories. In 2021, Florida’s First District Court of Appeal ruled that a binary trigger, which fires one round on the trigger pull and a second on the release, does not fall under the bump stock ban. The court reasoned that a binary trigger requires two separate functions of the trigger to fire two rounds, so it does not convert the firearm into a machine gun, and the statute’s language does not otherwise capture it.41st District Court of Appeal. Opinion 192143
Forced reset triggers are murkier. A federal district court in Texas ruled in 2024 that certain forced reset triggers are not machine guns under federal law, and the ATF has acknowledged that ruling, while warning that “some states independently prohibit the possession of forced reset triggers or trigger activating devices.”5Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Rare Breed Triggers FRT-15s and Wide-Open Triggers WOTs Return Whether a specific forced reset trigger crosses into Florida’s definition depends on how it functions and whether a court would find it increases the rate of fire beyond what an unassisted shooter could achieve. Anyone considering one in Florida should get product-specific legal advice.
Penalties for Possession or Sale
A violation of 790.222 is a third-degree felony.1Justia Law. Florida Code Title XLVI Chapter 790 Section 790-222 – Bump-Fire Stocks Prohibited The maximum penalties are up to five years in prison6Justia Law. Florida Code Title XLVI Chapter 775 Section 775-082 – Penalties, Applicability of Sentencing Structures and a fine of up to $5,000.7Justia Law. Florida Code Title XLVI Chapter 775 Section 775-083 – Fines
The statute treats simple possession the same as trafficking. Someone who bought a bump stock legally in another state and brought it into Florida faces the same felony exposure as someone who purchased one inside the state.
What a Felony Conviction Costs Beyond the Sentence
A felony conviction in Florida strips several civil rights, including the right to vote, serve on a jury, and hold public office.8United States Probation. Felony Offenders – Middle District of Florida Voting rights can be restored only after completing the full sentence, including all prison time, probation, and payment of every fine, fee, and restitution amount the court ordered.9Division of Elections. Felon Voting Rights
Firearm rights are harder to get back. Federal law bars anyone with a felony conviction from possessing firearms or ammunition. Florida law adds its own layer, making possession of a firearm by a convicted felon a second-degree felony with a three-year minimum and up to 15 years in prison.8United States Probation. Felony Offenders – Middle District of Florida Restoring gun rights requires an application to the Florida Office of Executive Clemency at least eight years after completing supervision, followed by a separate federal application. A conviction for possessing a bump stock costs you the right to possess any firearm at all.
Traveling Through Florida With a Bump Stock
Federal safe-passage law, 18 U.S.C. § 926A, allows lawful transport of a firearm through a state where the traveler could not otherwise possess it, provided the firearm is unloaded and locked away.10Office of the Law Revision Counsel. 18 U.S. Code 926A – Interstate Transportation of Firearms That protection covers firearms, not accessories. A bump stock is not a firearm. Driving through Florida with one in the trunk gives no federal safe-passage protection and exposes the traveler to a felony charge under 790.222.
About 34 states have no state-level bump stock ban. Routing through Florida, or through any of the roughly 16 states with their own bans, means the device becomes illegal the moment you cross the state line.
The 2026 Repeal Attempt Failed
In January 2026, Representative Overdorf filed House Bill 6021, which would have repealed Florida’s bump stock ban outright.11Florida House of Representatives. HB 6021 – Bump-fire Stocks The bill never received a committee vote and died in the Criminal Justice Subcommittee on March 13, 2026.12Florida Senate. House Bill 6021 (2026) Florida’s ban stands, and no other legislation to change it is currently pending.