Ever wondered if it’s possible to legally own a machine gun in the United States? You’re not alone—many firearm enthusiasts and curious citizens want to know what it really takes to own one of these iconic weapons.
Understanding the law is crucial, as the rules are strict and the penalties for mistakes are severe. This article breaks down exactly what’s required, outlines each step of the process, and shares key tips to help you navigate the legal landscape confidently.
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Are Machine Guns Legal? Here’s What You Need to Know
If you’ve ever wondered whether it’s possible to legally own a machine gun in the United States, you’re not alone. The topic is surrounded by myths, confusion, and plenty of legal complexity. The short answer is: Yes, you can legally own a machine gun, but it comes with significant restrictions, costs, and responsibilities. Let’s unravel the details so you know exactly what’s involved.
What Is a Machine Gun?
Before diving into the legal steps, it’s important to clarify what a machine gun is. In the context of U.S. law:
- “Machine gun” refers to a fully automatic firearm, meaning it fires continuously with a single pull of the trigger, as long as ammunition is supplied.
- This includes automatic rifles, submachine guns, and other firearms with full-auto capabilities.
The Legal Landscape: Why It’s So Complicated
Many mistakenly believe machine guns are flat-out banned. In truth, federal law—and often state law—make it very difficult (but not impossible) for most civilians to acquire new ones.
- The 1986 Machine Gun Ban: The Firearm Owners’ Protection Act, enacted in 1986, made it illegal for civilians to own any machine gun manufactured after May 19, 1986.
- Grandfather Clause: Only machine guns registered with the federal government before that date can be owned by civilians.
- NFA Regulation: All legal machine guns fall under the National Firearms Act (NFA), subjecting owners to strict regulations and oversight.
- State Laws Matter: Not all states allow civilian ownership, and some have further bans or restrictions.
How to Legally Own a Machine Gun: Step-by-Step
If you’re serious about legal ownership, here’s the general process:
1. Confirm State and Local Laws
- First, check if your state and municipality allow ownership of NFA firearms or specifically machine guns.
- Some states (like California, New York, and New Jersey) prohibit them outright, while others are NFA-friendly with some conditions.
2. Find a Pre-1986 Registered Machine Gun
Due to the 1986 ban, civilians can only own full-auto firearms legally registered with the ATF before May 19, 1986.
- These guns are known as “transferable” machine guns.
- The supply is fixed, making them very expensive compared to typical firearms.
3. Purchase Through a Licensed Dealer
- Locate a federal firearms licensee (FFL) with a Special Occupational Tax (SOT) stamp authorized to deal in NFA firearms.
- You can see current listings of transferable machine guns through auction houses, specialized dealers, or classified listings.
4. Complete ATF Paperwork: Form 4
- When you buy a machine gun, you must file ATF Form 4 (‘Application for Tax Paid Transfer and Registration of Firearm’).
- The form triggers an extensive background check and processing by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
- You’ll need to supply:
- Two sets of fingerprint cards
- Two passport-size photos
- Payment for a $200 transfer tax (this is per transfer, not per year)
5. Notify Your Local Law Enforcement
- As part of the application, you must provide a copy to your local Chief Law Enforcement Officer (CLEO), such as your county sheriff or police chief.
- Some states require written approval; in others, notification is enough.
6. Wait for ATF Approval
- This is the hardest part—processing times can vary but often take several months.
- Only after receiving your tax stamp and approved paperwork can you legally take possession of the machine gun.
7. Maintain Compliance
- You must keep all paperwork readily available in case law enforcement requests it.
- If you move to a different address or state, additional notification or re-approval may be required.
- The gun must remain registered to the legal owner; transfers must go through the full ATF process again.
Key Challenges and Considerations
Owning a machine gun is not as simple as acquiring a regular firearm. Here’s what you need to consider:
Cost
- Because the supply of legal machine guns is fixed, prices are extremely high; entry-level models may cost $10,000–$20,000 or more.
- Transfer taxes and dealer fees add to the expense.
Background Checks
- The NFA process is far more rigorous than with standard firearms, involving thorough background checks and scrutiny.
Storage and Security
- You’re responsible for secure storage to prevent theft or unauthorized access—failure can have legal consequences and raise civil liability.
Transferability
- Only registered owners may possess the weapon. Lending it, even for a short time, without paperwork is a felony.
- If you decide to sell, the buyer must go through the full ATF process.
Benefits (and Realities) of Machine Gun Ownership
Most civilian machine gun owners are collectors, enthusiasts, or firearms historians. Here’s what owning a legal machine gun can offer:
- Investment Potential: Because supply is so limited, legal machine guns often appreciate in value.
- Collectible Appeal: Many pre-1986 guns have historical significance.
- Range Experience: The chance to shoot a real full-auto weapon is thrilling for enthusiasts, but you’re still under strict legal oversight.
However, practical self-defense use of machine guns is virtually nonexistent, and taking them to public ranges may be restricted.
Practical Tips and Best Practices
- Do Your Homework: Know your state and local laws before attempting any purchase.
- Use a Gun Trust: Consider creating an NFA gun trust, especially if you want multiple responsible parties to have legal possession. Trusts can help with estate planning and smoother transfers.
- Consult a Specialist: Many dealers and attorneys specialize in NFA firearms; their guidance can be invaluable for avoiding mistakes.
- Be Patient: Approval times are unpredictable. Expect delays and plan accordingly.
- Maintain Documentation: Keep copies of all registration forms and tax stamps in a safe place. Many owners keep a digital and paper copy with their firearms at all times.
Common Myths Debunked
- “Anyone can buy a machine gun online.”
False. Every legal transfer must go through the ATF, including extensive vetting. - “It’s legal to build your own automatic firearm.”
Absolutely not for civilians. Even owning parts to convert a semi-auto gun without proper licensing is a serious federal crime. - “If I inherit one, I can just keep it.”
Inheritance requires special procedures and ATF approval. Unregistered transfers are illegal.
Frequently Asked Questions (FAQs)
1. Can I legally build or convert a machine gun at home?
No. Unless you are a licensed manufacturer with the right federal permissions, it is illegal for civilians to build or modify any firearm into a fully automatic weapon. Doing so is a serious felony.
2. Is there an annual fee or tax for owning a machine gun?
No. The $200 tax (per weapon) is paid once at the time of transfer. There is no annual renewal fee, but if you transfer or sell the gun later, the process and tax apply again.
3. What if I move to a state that bans machine guns?
If you move to a state where civilian ownership is prohibited, you cannot lawfully bring your machine gun with you. You would need to sell it legally before moving or transfer ownership according to federal and state laws.
4. Can I leave my machine gun to my children or other heirs?
Yes, but the transfer must go through the ATF’s NFA process, even in cases of inheritance. Heirs must be legally eligible, and not all states allow inheritance of NFA firearms.
5. What happens if I use my machine gun in self-defense?
Legal use of a machine gun in self-defense is extremely rare and could involve serious legal scrutiny, both civil and criminal. Even if justified, the unique nature and power of a full-auto weapon can complicate your legal defense.
Summary
Owning a machine gun legally is possible for U.S. civilians—but it’s a privilege, not a right, with significant limitations. Only pre-1986, federally registered machine guns can be owned by those who pass strict background checks and paperwork hurdles. The process is complex, expensive, and requires patience, but for many collectors and enthusiasts, the historical value and unique experience are worth it. Before moving forward, be sure you understand every requirement and responsibility involved. Always put safety and legal compliance first—enjoy collecting responsibly!