Ever wondered when machine guns were banned—and why it matters today? Whether you’re a history buff, a gun enthusiast, or simply curious about gun laws, understanding the timeline of machine gun bans sheds light on how society and lawmakers respond to powerful firearms.
In this article, we’ll break down exactly when machine guns were banned in the United States, why these laws came about, and the lasting impact they have on gun ownership and public safety.
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When Were Machine Guns Banned in the United States?
Understanding when and how machine guns were banned in the United States can seem confusing. Laws have changed over the decades, with shifting definitions and specific restrictions shaping policy. Let’s break down the timeline, the details of current rules, and practical aspects you need to understand if you’re interested in the history or legality of machine guns in America.
The Quick Answer
Machine guns have never been completely banned for civilians in the U.S., but their legal acquisition, sale, and ownership have been severely restricted since 1934. The most significant bans and restrictions:
- The National Firearms Act (NFA) of 1934: Heavily regulated and taxed the ownership of machine guns.
- The Gun Control Act (GCA) of 1968: Tightened regulations on transfers and licensing.
- The Firearm Owners’ Protection Act (FOPA) of 1986 (Section 922(o)): Banned the civilian ownership of machine guns manufactured after May 19, 1986.
If you want a timeline, the most significant “ban” was in 1986, but regulation began in 1934.
What Is a Machine Gun?
Before diving into the laws, it’s important to understand what the law means by “machine gun.”
- Definition: A machine gun is any firearm that can fire more than one bullet per trigger pull. These are also known as “fully automatic” firearms.
- Examples: Tommy guns, certain military rifles, and submachine guns.
Fully automatic firearms are often confused with “semi-automatic” guns, which fire only one round per trigger pull.
Key Moments in Machine Gun Laws
Understanding how machine gun laws evolved will help clarify what is legal or not today.
1. The National Firearms Act of 1934 (NFA)
This was the first major federal law on machine guns.
- Why was it created?
The 1920s and 1930s were marked by notorious gang violence using machine guns (think Al Capone and the Tommy gun). The government wanted to curb crime by restricting access to these weapons. - What did it do?
- Required owners to register machine guns with the federal government.
- Imposed a hefty $200 tax (a huge sum at the time) on every transfer or sale.
- Mandated background checks for buyers.
- Impact:
The NFA did not ban machine guns outright but made them hard to obtain and expensive.
2. The Gun Control Act of 1968 (GCA)
The 1960s saw additional changes.
- Key Provisions:
- Tightened regulations on firearm sales and prohibited certain people (like felons) from owning guns.
- Ensured import restrictions so foreign-made machine guns became even harder to access.
- Impact:
The GCA strengthened the federal regulation on all firearms, including machine guns.
3. The Firearm Owners’ Protection Act of 1986 – Section 922(o)
This is the law most referenced when discussing the “machine gun ban.”
- What changed in 1986?
- Banned civilian possession of machine guns manufactured after May 19, 1986.
- Only law enforcement and government agencies could have newly manufactured machine guns.
- Existing, already-registered machine guns made before 1986 could be legally owned and transferred, but only if individuals complied with NFA regulations.
- Impact:
- Civilians can technically still own machine guns, but only those lawfully registered before the cutoff date.
- No new machine guns made after this law can enter the civilian market.
How the Law Works Today
If you want to own a machine gun as a private citizen in the U.S., you must meet all these conditions:
- The firearm must have been manufactured and registered before May 19, 1986.
- You must go through a detailed registration, including fingerprints, a background check, and approval by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
- You must pay the $200 tax for each transfer.
- Not all states allow machine guns. State and local laws may be stricter.
Key point:
The only “legal” civilian machine guns are those registered before 1986. They are rare, extremely expensive (often costing tens of thousands of dollars), and highly regulated.
Why Were Machine Guns Restricted?
Understanding the reasons behind these laws can help make sense of their structure.
- Public Safety: The primary goal has always been to prevent these highly destructive firearms from ending up in the hands of criminals.
- Crime Waves: The infamous gang wars of the early 20th century demonstrated the devastating effect of machine guns in criminal hands.
- Political Pressure: High-profile crimes often led to public demand for restrictions and safety measures.
The Benefits and Challenges of These Regulations
Let’s examine what these laws have accomplished and the issues they’ve created.
Benefits
- Reduced Crime: Machine guns are rarely used in crimes today, due largely to their scarcity and strict regulation.
- Control and Monitoring: The federal registry allows law enforcement to keep track of every legal machine gun and owner.
- Limited Access: The high cost and legal hurdles mean these weapons are mainly owned by collectors, museums, and specialized enthusiasts.
Challenges
- Legal Complexity: The rules are strict and the paperwork extensive. Even small errors can result in felony charges.
- State Differences: Laws vary by state. Some completely ban civilian machine guns, even those pre-1986.
- Market Limitations: The ban on new civilian machine guns means the existing supply is fixed, driving up prices.
- Black Market: Like all restricted items, illegal sales and possession still occasionally occur, though they are rare and harshly punished.
Practical Tips: Navigating Machine Gun Laws
If you’re a collector, historian, or just curious about gun laws, here’s what you need to know:
1. Know Your State Laws
- Research state and local gun laws before considering any purchase.
- Some states, like California and New York, ban machine guns for everyone. Others have more permissive regulations.
2. Understand the Registration Process
- Buying or transferring a legal machine gun means:
- Filling out federal forms (ATF Form 4).
- Submitting fingerprints and photographs.
- Paying the transfer tax.
- Notifying law enforcement — sometimes including local police chiefs.
3. Be Patient
- Approval can take months (sometimes up to a year).
- You cannot take possession until all paperwork is completed and approved.
4. Consult Legal Experts
- With these complex rules, mistakes can be costly.
- If you are serious about acquiring or inheriting a registered machine gun, find a lawyer specializing in firearms law.
5. Keep Records
- Always maintain paperwork — original and copies — proving legal registration and transfer.
The Reality: Machine Guns in America Today
- Rare Ownership: Less than 200,000 legally registered civilian machine guns exist in the U.S.—all made and registered before 1986.
- High Cost: With demand and supply locked, prices can be $20,000 to $50,000 or more for a legal civilian machine gun.
- Occasional Confusion: Media often confuses “machine guns” with semi-automatic firearms. Machine guns are strictly automatic and subject to far tighter laws.
Machine Guns and Public Debate
The conversation about machine gun laws comes up often around gun violence debates. While they are iconic in popular culture, machine guns play a tiny part in American gun crime today.
- Lawful machine gun owners are rare.
- Illegal use is extremely uncommon, thanks largely to the decades of strong regulation.
Still, the subject remains a touchstone in ongoing conversations about the balance between Second Amendment rights and public safety.
Frequently Asked Questions (FAQs)
1. Can you own a machine gun in the United States?
Yes, but only if the machine gun was manufactured and registered before May 19, 1986. You must pass a background check, register it with the ATF, and pay a federal tax. Some states, however, ban machine guns.
2. What is the difference between an automatic and a semi-automatic firearm?
An automatic (“machine gun”) fires continuously as long as the trigger is held down, firing multiple rounds per second. A semi-automatic fires only one round per trigger pull, even though it automatically chambers the next round.
3. Are there any exceptions to the post-1986 ban?
Yes. Law enforcement, military, and government agencies can own and purchase new machine guns for official use. Civilians cannot legally purchase or possess machine guns made after May 19, 1986.
4. How much does a legal machine gun cost today?
Prices vary, but most start at $15,000 and can reach over $50,000. The ban on new civilian machine guns makes them collector’s items, with prices rising as the supply remains fixed.
5. What happens if you inherit or find an unregistered machine gun?
You cannot legally keep or possess an unregistered machine gun. If you inherit one, do not attempt to register it or transfer it yourself. Contact the ATF or a firearms attorney immediately, as possession is a serious federal crime.
Summary
In summary, machine guns have been tightly regulated in the United States since 1934. The ownership ban for newly manufactured civilian machine guns has been in place since May 19, 1986. While legally owning a machine gun is possible, it is rare, expensive, and heavily controlled. The bulk of Americans have never and likely will never own one, and these firearms play a minimal role in modern gun violence due to the strength of existing laws.
Familiarity with both federal and state laws is essential for anyone interested in collecting or understanding these iconic firearms. If you’re curious, always ensure you remain informed and on the right side of a very complex body of law.