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The Department of Justice is issuing a rulemaking that would interpret the statutory definition of machinegun in the National Firearms Act of 1934 and Gun Control Act of 1968 to clarify whether certain devices, commonly known as bump-fire stocks, fall within that definition.

Statement of Need:

This rule is intended to clarify that the statutory definition of machinegun includes certain devices (i.e., bump-stock-type devices) that, when affixed to a firearm, allow that firearm to fire automatically with a single function of the trigger, such that they are subject to regulation under the National Firearms Act (NFA) and the Gun Control Act (GCA).   The rule will amend 27 CFR 447.11, 478.11, and 479.11 to clarify that bump-stock-type devices are machineguns as defined by the NFA and GCA because such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger.  Specifically, these devices convert an otherwise semiautomatic firearm into a machinegun by functioning as a self-acting or self-regulating mechanism that harnesses the recoil energy of the semiautomatic firearm in a manner that allows the trigger to reset and continue firing without additional physical manipulation of the trigger by the shooter.

Summary of the Legal Basis:

The Attorney General has express authority pursuant to 18 U.S.C. 926 to prescribe rules and regulations necessary to carry out the provisions of Chapter 44, Title 18, United States Code.  The detailed legal analysis supporting the definition of machinegun proposed for adoption in this rule is expressed in the abstract for the rule itself.

Alternatives:

There are no feasible alternatives to the proposed rule that would allow ATF to regulate bump-stock-type devices.  Absent congressional action, the only feasible alternative is to maintain the status quo.

Anticipated Costs and Benefits:

The rule will be "economically significant," that is, the rule will have an annual effect on the economy of $100 million, or adversely affect in a material way the economy, a sector of the economy, the environment, public health or safety or State, local or tribal governments or communities. ATF estimates the total cost of this rule at $320.9 million over 10 years.  The total 7% discount cost is estimated at $234.1 million, and the discounted costs would be $39.6 million and $39.2 million annualized at 3% and 7% respectively.  The estimate includes costs to the public for loss of property ($102,470,977); costs of forgone future production and sales ($213,031,753); and costs for disposal ($5,448,330).  Unquantified costs include lost employment, notification to bump-stock-type device owners of the need to destroy the bump-stock-type devices, and loss of future usage by the owners of bump-stock-type devices.  ATF did not calculate any cost savings for this final rule. It is anticipated that the rule will cost $129,222,483 million in the first year (the year with the highest costs). This cost includes the first-year cost to destroy or modify all existing bump-stock-type devices, including unsellable inventory and opportunity cost of time.

This rule provides significant non-quantifiable benefits to public safety.  Among other things, it clarifies that a bump-stock-type device is a machinegun and limits access to them; prevents usage of bump-stock-type devices for criminal purposes; reduces casualties in mass shootings, such as the Las Vegas shooting; and helps protect first responders by preventing shooters from using a device that allows them to shoot a semiautomatic firearm automatically.

Risks:

Without this rule, public safety will continue to be threatened by the widespread availability to the public of bump-stock-devices.