Ever wondered if it’s possible to legally own a modern machine gun in the U.S.? You’re not alone—gun enthusiasts and collectors alike are curious about what’s allowed under federal law, especially since 1986 regulations made ownership much trickier.
Understanding these rules is crucial. The laws are strict, penalties can be severe, and misinformation is common. In this article, we’ll break down the facts, walk you through your options, and share important tips every prospective owner should know.
Can You Own a Machine Gun Made After 1986? The Straight Answer
If you’re fascinated by machine guns and want to know whether it’s possible to legally own one made after 1986, the answer is—almost always—no for private citizens. Federal law strictly prohibits civilian ownership of machine guns manufactured after May 19, 1986. There are a few rare exceptions for certain dealers, manufacturers, and government agencies, but if you’re an average individual, that iconic, full-auto firearm made after 1986 is out of legal reach.
Let’s break down the details so you can fully understand the laws, the exceptions, what is allowed, and the complex process around machine gun ownership in the United States.
Understanding the Law: The 1986 Machine Gun Ban
In the U.S., machine gun ownership is mainly regulated by:
- The National Firearms Act (NFA) of 1934
- The Gun Control Act (GCA) of 1968
- The Firearm Owners’ Protection Act (FOPA) of 1986
The critical piece is a section of FOPA (18 U.S.C. 922(o)), which states:
- No machine gun manufactured after May 19, 1986 may be lawfully transferred or possessed by civilians.
What this really means:
- If you are an average citizen, you cannot legally buy or own a machine gun made after this date.
- Only machine guns registered with the federal government before this date are available for civilian ownership.
Who Can Own Post-1986 Machine Guns?
The groups that may possess or transfer machine guns made after 1986 include:
- Federal Firearms License (FFL) dealers with a Special Occupational Tax (SOT) status (“Class 3” dealers or manufacturers).
- Police departments, government agencies, and military organizations.
- Certain law enforcement officers using the weapon in their official capacity.
For everyday collectors and gun owners, post-1986 machine guns are off-limits.
How to Legally Own a Machine Gun in the U.S.
While post-1986 models are not available to civilians, there is a legal path to owning “transferable” machine guns—those registered before the 1986 cutoff. Here’s how the process works:
Step 1: Choose a Transferable Machine Gun
- Only NFA-registered automatic firearms made and registered before May 19, 1986 are considered “transferable.”
- These weapons are rare and expensive due to their limited supply.
Step 2: Find an Authorized Dealer
- Purchase must occur through a licensed FFL with an SOT (“Class 3 dealer”).
- Examine the dealer’s credentials and experience with NFA transfers.
Step 3: Complete ATF Paperwork
- You’ll fill out ATF Form 4, an application to transfer the firearm.
- Provide fingerprints and recent photographs.
- Submit to an extensive background check.
Step 4: Local Law Enforcement Approval
- A local Chief Law Enforcement Officer (CLEO) must be notified of your transfer request.
- Approval or comment from CLEO may be required, depending on your state.
Step 5: Pay the Transfer Tax
- A $200 one-time federal transfer tax is required for NFA firearms.
- This must be paid for each machine gun you transfer into your possession.
Step 6: Wait for Approval
- The ATF must approve your application and background check.
- The approval process can take several months.
Step 7: Take Possession
- Only after receiving the approved, tax-stamped paperwork from the ATF can you pick up and possess your machine gun.
Why Are Post-1986 Machine Guns Off-Limits to Civilians?
The main reason is the 1986 machine gun registry freeze. By halting the registration of new machine guns for civilians, the law strictly limits legal possession to existing, registered models. Lawmakers intended to restrict access to new automatic weapons while allowing owners of existing registered guns to keep or sell them.
This has led to:
- A finite number of transferable machine guns.
- Skyrocketing prices and collector demand.
- Ongoing debate about gun laws and rights.
Exceptions: Who Can Own Post-1986 Machine Guns?
There are some rare, legal scenarios for possessing post-1986 machine guns, but these do not generally apply to private individuals.
FFL Dealers and SOT Holders
A person or business can become an FFL dealer or manufacturer and pay a Special Occupational Tax (SOT). This allows them to:
- Legally possess post-1986 “dealer sample” or “law enforcement sample” machine guns.
- These guns cannot be owned as personal property; they are for demonstration or sales to law enforcement and the military.
- If you let your license expire or leave the business, you must surrender or transfer these firearms—they do not become personal property.
Law Enforcement and Military Use
- Police agencies may acquire post-1986 machine guns for their officers, but individual officers cannot keep them for personal use.
- Military branches and government agencies are exempt from these restrictions for official purposes.
Challenges and Limitations of Owning a Machine Gun
Even if you pursue legal ownership of a transferable machine gun, you will face several roadblocks:
- Expense: Legal, transferable machine guns often cost tens of thousands of dollars due to their rarity.
- Strict Background Checks: The ATF’s approval process is thorough and time-consuming.
- State & Local Laws: Some states and localities ban all machine guns regardless of federal law.
- Paperwork & Red Tape: The process requires significant documentation and patience.
- Storage & Usage: You must securely store NFA firearms and comply with all regulations regarding transport and use.
Practical Tips and Best Practices
If you are serious about owning a legal machine gun (pre-1986), consider these tips:
- Do Your Homework: Learn your local and state laws. Some states (such as California, New York, and New Jersey) prohibit all private ownership of machine guns.
- Work with Reputable Dealers: Find dealers experienced with NFA transactions. They’ll help ensure your paperwork is right.
- Be Patient: The approval process takes time—sometimes up to a year.
- Budget Accordingly: Expect to pay a significant premium for a transferable machine gun, plus the $200 transfer tax.
- Secure Your Firearms: Invest in high-quality safes and take security very seriously. NFA firearms should be carefully inventoried.
Collecting and Investing in Transferable Machine Guns
While owning post-1986 machine guns is out of reach, pre-1986 weapons have become valuable collector’s items. Their scarcity makes them attractive investments. However, keep the following in mind:
- Market prices can fluctuate, but the limited supply generally increases value over time.
- Care, provenance, and legality are critical for collectors.
- Only purchase from trustworthy sources, and thoroughly verify paperwork.
Summary
To recap: If you are a civilian in the United States, you cannot legally own a machine gun made after May 19, 1986. Federal law strictly bans the manufacture, transfer, and possession of these firearms by anyone except licensed dealers, manufacturers, government agencies, and the military. However, it is possible to legally purchase and keep a “transferable” machine gun made and registered before this cutoff by following a detailed application process and clearing extensive checks.
Ownership comes with substantial legal obligations, costs, and paperwork, so enter this world only with thorough knowledge and preparation.
Frequently Asked Questions (FAQs)
Can a civilian own a machine gun made after 1986?
No, federal law prohibits civilians from owning machine guns manufactured after May 19, 1986. Only those registered before this date (“pre-1986”) are legal for civilian ownership, and even then, they require strict adherence to legal processes.
How can law enforcement or dealers have post-1986 machine guns?
Licensed dealers (FFL with SOT) can possess post-1986 “dealer sample” machine guns for demonstration to law enforcement or sale to government agencies. Law enforcement agencies can acquire and use these firearms, but not for personal officer ownership.
Is it legal to convert a semi-automatic firearm into a full-auto machine gun?
No. Converting a semi-automatic firearm into a machine gun without proper licensing and registration is a serious federal crime and can lead to severe penalties and imprisonment.
How much does a legal, transferable machine gun cost?
Transferable machine guns are rare and expensive. Prices typically start around $10,000 and can go far higher depending on the model, manufacturer, and condition.
Are there states where machine guns are completely banned?
Yes. Some states and localities prohibit all civilian machine gun ownership, regardless of federal law. Always check both state and local laws before pursuing ownership of any NFA firearm.
If you’re a responsible enthusiast, collector, or simply curious, always keep safety, legality, and security at the forefront when it comes to automatic firearms. The world of machine gun ownership is tightly regulated, but for those who follow the rules, it can be a legal—and memorable—experience.