Curious about how to legally buy a machine gun? You’re not alone—many firearms enthusiasts and collectors wonder what it really takes to own one. With strict federal and state laws, the process is more complex than most gun purchases, making it crucial to understand each step before diving in.
This article breaks down everything you need to know, including legal requirements, the application process, and key tips for a seamless, compliant purchase.
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Can You Buy a Machine Gun? Here’s What You Need to Know
While machine guns are highly regulated and often associated with military or law enforcement use, private citizens can legally own them in the United States—under very specific circumstances. The process is far from simple, and numerous legal hurdles are in place to ensure only thoroughly vetted individuals complete the journey. If you’re curious about the real steps, laws, challenges, and opportunities involved in buying a machine gun, this article walks you through everything you need to know.
What Is a Machine Gun?
Before jumping into the buying process, it’s important to clarify what qualifies as a “machine gun.” According to U.S. law, a machine gun is any firearm that can fire more than one round per trigger pull, either automatically or with a burst-fire feature. In simple terms: if you can hold down the trigger and the gun continues firing, it’s a machine gun.
Who Is Allowed to Own a Machine Gun?
In the U.S., owning a machine gun is possible—but not for everyone. Here’s who can (and can’t) legally purchase and possess one:
Eligible Individuals:
- Must be at least 21 years old (for purchases from a licensed dealer).
- Must be a U.S. citizen or legal permanent resident.
- Must reside in a state where machine gun ownership is not expressly prohibited (some states ban them outright).
- Must not have a felony conviction or other disqualifying criminal history.
- Must be legally permitted to own firearms (no history of mental illness adjudications, domestic violence convictions, etc.).
Ineligible Individuals:
- Those convicted of felonies or certain misdemeanors.
- Individuals prohibited from possessing firearms due to restraining orders or mental health commitments.
- People living in states that ban machine guns (such as California, New York, Hawaii, New Jersey, and others).
The National Firearms Act (NFA): The Key Law
Machine guns are regulated under the National Firearms Act (NFA) of 1934 and the Firearm Owners’ Protection Act (FOPA) of 1986. These laws impose strict controls:
– All machine guns must be registered with the federal government.
– Civilian ownership is limited to machine guns manufactured and registered before May 19, 1986.
In short: civilians cannot legally buy newly manufactured machine guns. Only “transferable” machine guns (those registered before 1986) may be bought, sold, or owned by civilians.
Step-By-Step Guide: How to Buy a Machine Gun Legally
Purchasing a machine gun legally requires patience and attention to detail. Here’s how the process usually works:
1. Research State and Local Laws
- Check if machine gun ownership is allowed in your state and locality.
- Some states completely ban possession, while others have additional licensing or registration requirements.
2. Find a Transferable Machine Gun
- Only machine guns made and registered before May 19, 1986, are “transferable” to civilians.
- These are typically sold through specialized dealers, online firearms auction platforms, or private owners.
- Expect high prices: due to their fixed supply, legal machine guns can cost anywhere from $10,000 to well over $50,000.
3. Select a Dealer/Seller With Proper Federal Licensing
- Machine guns can only be transferred through dealers with a current Federal Firearms License (FFL) and Special Occupational Taxpayer (SOT) status.
- Private purchases must still go through these dealers for the transfer process.
4. Complete the ATF Form 4 (“Application for Tax Paid Transfer and Registration”)
- This form is submitted to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
- Information required includes your name, address, photo, fingerprints, and details about the firearm.
- You must pay a $200 federal tax stamp for each transfer.
5. Pass a Thorough FBI Background Check
- The background check process for NFA firearms is much more in-depth than standard gun purchases.
- In addition to criminal background checks, you may be asked about mental health history and other personal information.
6. Obtain Local Law Enforcement Approval (if required)
- Some states or municipalities require local police chiefs or sheriffs to sign off on NFA purchases.
- If unavailable, purchasing with an NFA Gun Trust might be an alternative (see below).
7. Wait for ATF Approval
- Processing times can be lengthy—sometimes 9-12 months or more.
- During this time, you do not take possession of the machine gun; it remains with the dealer or original owner until the paperwork clears.
8. Transfer and Register the Firearm
- Once approved, the ATF will send your tax stamp.
- Only then can you legally take possession of your machine gun.
Understanding NFA Gun Trusts
A popular way to manage NFA items, including machine guns, is through a legal entity called a “gun trust.” Here’s why some buyers use them:
- A gun trust is a legal structure that can own NFA firearms and list multiple trustees (such as family members).
- Trusts may help avoid needing local chief law enforcement officer approval, depending on current laws.
- They make it easier for heirs or family members to inherit the firearm without violating transfer regulations.
However, using a gun trust doesn’t allow you to bypass federal law—it’s simply a way to make ownership and inheritance more flexible.
Special Types of Machine Guns: Transferable, Dealer Samples, and Pre-May Samples
If you research machine guns for sale, you’ll see different terms. Here’s what they mean:
- Transferable Machine Guns: Registered before May 19, 1986. These can be owned and sold among civilians who qualify.
- Dealer Samples (Post-86): Manufactured after May 19, 1986. Only available to dealers with an FFL/SOT, not private citizens.
- Pre-May Dealer Samples: Made between 1968 and May 19, 1986, imported for law enforcement or government. Can be owned by dealers, and under certain conditions, transferred to others with the right licenses.
Only transferable machine guns are relevant for most civilian buyers.
Costs and Practical Considerations
Buying a machine gun isn’t cheap or easy.
– Purchase Price: Legal, transferable machine guns often start at $10,000. Some popular models may fetch $30,000 or more.
– Transfer Tax: $200 per transfer.
– Dealer Fees: Some dealers charge processing fees for handling paperwork.
– Ongoing Security: You’re responsible for storing the firearm securely and complying with all local laws.
Benefits of Legal Machine Gun Ownership
Despite the challenges, lawful owners cite several advantages:
– Historical and Collectible Value: Many transferable machine guns are rare, highly collectible items.
– Range Enjoyment: For some enthusiasts, there’s nothing like safely firing a piece of history.
– Investment Potential: Scarcity has driven up prices over the years; machine guns can retain or increase their value.
– Educational Opportunities: Owning a machine gun responsibly can promote awareness and appreciation of firearms history and technology.
Challenges and Common Pitfalls
Acquiring a machine gun is not like buying a standard firearm. Watch out for these hurdles:
- Lengthy ATF Processing: Patience is crucial; months can pass before you see results.
- Potential Legal Risks: Mishandling paperwork, unauthorized possession, or failing to register can bring severe legal penalties.
- High Cost: The fixed supply keeps prices well above average.
- Moving Across States: Relocating with a registered machine gun may require additional paperwork or approval.
Practical Tips and Best Practices
If you decide to pursue owning a machine gun, these tips increase your chance of a smooth process:
- Verify Legality First: Double-check every state and local regulation before moving forward.
- Use Reputable Dealers: Engage only with experienced, well-reviewed FFL/SOT dealers.
- Keep Impeccable Records: Store all documents, tax stamps, and registration forms securely.
- Consider a Gun Trust: Especially useful if you want shared access or simplified inheritance.
- Plan for Secure Storage: Invest in a high-quality safe and take security seriously.
- Don’t Skip Insurance: Insure your investment to protect against loss, theft, or damage.
- Consult a Firearms Attorney: If unsure, get professional legal advice for peace of mind.
What Happens If You Inherit a Machine Gun?
If you legally inherit a registered machine gun, you generally need to go through the same ATF transfer process. The firearm must remain registered, and transfer approval is required before you take possession.
Summary
Owning a machine gun in the U.S. is possible, but comes with strict federal and state regulations, lengthy paperwork, background checks, and significant expense. Only pre-1986 registered “transferable” machine guns can be legally purchased by civilians. If you’re patient, law-abiding, and can afford the investment, machine gun ownership can be a unique experience—combining history, craftsmanship, and responsibility in a highly regulated package. Always prioritize safety, security, and legal compliance above all else.
Frequently Asked Questions (FAQs)
Can I legally buy a brand-new machine gun as a civilian?
No. Civilians are only allowed to buy machine guns that were legally registered before May 19, 1986. Newly manufactured machine guns are restricted to military, law enforcement, and authorized dealers.
How long does the ATF approval process take for a machine gun purchase?
The approval process often takes between 9 to 12 months. Factors like background check processing times and the volume of applications can affect the timeline.
Is there a limit to how many machine guns I can own?
Federal law does not limit the number of legal, registered machine guns you can own. However, each one requires a separate transfer, tax stamp, and registration. State or local laws may impose additional restrictions.
What is a gun trust, and should I use one for buying a machine gun?
A gun trust is a legal entity that can own NFA firearms. It allows multiple people to be listed as authorized users and simplifies inheritance or possession issues. Many buyers find it helpful for flexibility and long-term planning, but it is not required.
Do I need a special license to own a machine gun?
No special license is needed for civilians beyond passing all background checks and completing ATF registration. However, dealers require a Federal Firearms License paired with specific NFA/SOT status to handle machine guns.
Remember, owning any NFA-regulated firearm comes with strict responsibilities. When in doubt, seek professional legal advice and prioritize safe, secure storage. Enjoy your journey into the history and mechanics of classic firearms—legally and responsibly.