Ever wondered if owning a machine gun is legal in the U.S.? You’re not alone—questions about gun laws come up frequently, especially with headlines about firearms and changing regulations. Understanding the legality of machine guns is important, whether you’re a curious citizen, gun enthusiast, or just someone wanting to stay informed.
This article breaks down the rules, addresses common myths, and outlines what you need to know about machine guns and the laws surrounding them.
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Are Machine Guns Illegal? An In-Depth Guide to Machine Gun Laws in the U.S.
When it comes to machine guns and automatic firearms, the law can be confusing and often misunderstood. You might have heard claims that machine guns are flat-out illegal in the United States—but the reality is much more nuanced. Let’s break down what you need to know if you’re curious about owning a machine gun, how the laws work, and what you must consider.
The Quick Answer: Are Machine Guns Illegal?
In the United States, machine guns are not entirely illegal. Civilian ownership is highly regulated and restricted, but under certain circumstances, it is indeed possible to legally own a machine gun. There are, however, strict federal and state laws that make the process difficult and expensive, and only a small fraction of Americans have legal access to these weapons.
What Is a Machine Gun?
Before diving into the legal details, it helps to understand the definition:
- A machine gun is a firearm that can fire more than one round with a single trigger pull—also known as a fully automatic firearm.
- This is different from semi-automatic firearms, which fire one round per trigger pull.
How U.S. Federal Law Regulates Machine Guns
Federal law is the first and biggest hurdle to legal machine gun ownership. Here’s how it works:
The National Firearms Act (NFA) of 1934
The NFA was the first major federal law to regulate machine guns in America. It required:
- Registration of all machine guns.
- Background checks for purchasers.
- A special tax ($200) on each machine gun transfer.
The Gun Control Act of 1968
This act strengthened NFA rules and created stricter licensing for dealers and manufacturers.
18 U.S.C. 922(o): The Firearm Owners’ Protection Act of 1986
Perhaps the most important rule for civilians today:
- This law banned the civilian possession and transfer of any machine gun manufactured after May 19, 1986.
- Only machine guns made and registered before this cutoff date can be legally owned by the public.
- Any machine gun made after 1986 is restricted for use by law enforcement, the military, and certain government agencies—NOT private citizens.
In Summary:
- If a machine gun was made and properly registered before May 19, 1986: It can be legally owned by civilians under special conditions.
- If made after that date: Civilians cannot legally own or transfer these weapons (aside from very specific exceptions for museums or research).
The Process of Legally Owning a Machine Gun
If you still want to pursue legal ownership, here’s what you need to know.
1. Locating a Legal, Registerable Machine Gun
- You must find a pre-1986, NFA-registered machine gun—sometimes called a “transferable machine gun.”
- These are rare and therefore very expensive, often costing tens of thousands of dollars.
2. Filing the Necessary Paperwork
Owning a machine gun involves a rigorous and time-consuming paperwork process, including:
- ATF Form 4: Used to formally request the transfer.
- Background Check: Must pass a thorough FBI background check.
- Passport Photos and Fingerprints: Required as part of the application.
- CLEO Notification: You must notify your local Chief Law Enforcement Officer (CLEO) of your application.
- $200 Transfer Tax: Paid for each transfer, even if you already paid tax on a previous transfer.
3. Waiting for Approval
- You cannot take possession until the ATF completes its review, which can take several months or even longer.
- Only after approval may you legally own and possess the machine gun.
4. Secure Storage and Responsible Ownership
- Owners are expected to store NFA firearms safely and comply with all federal and state regulations.
- Any loss, theft, or destruction of the firearm must be promptly reported.
State Laws: The Next Barrier
Federal approval does not mean automatic state-level legality. Each state has its own laws regarding machine guns:
States That Allow Civilian Ownership (with Restrictions)
- Some states follow federal rules and allow ownership of pre-1986 machine guns.
- Examples include Texas, Florida, and Utah.
States That Ban Machine Guns
- Many states outright prohibit machine gun possession, regardless of federal registration.
- These include California, New York, Illinois, New Jersey, and others.
Some States Allow with Additional Restrictions
- States may impose stricter requirements or only allow for certain purposes (like police or military use).
Key to Remember:
You must comply with BOTH federal and state laws. If your state bans machine guns, federal approval does not override that ban.
Machine Gun Ownership: Benefits, Risks, and Realities
Why Do Some People Want to Own One?
- Historical and collector interest: Many legal machine guns are antiques or rare models.
- Sport shooting and exhibitions: Some enjoy the technical challenge and experience.
- Investment: Due to their scarcity, transferable machine guns have steadily risen in value.
Key Challenges
- Cost: Due to scarcity, expect to pay $15,000–$50,000 or more for a legal machine gun.
- Bureaucracy: The process is paperwork-intensive and slow.
- Storage and transport: Owners have extra responsibilities regarding security and travel.
- Criminal penalties: Illegal ownership, modification, or failure to comply can bring steep criminal charges, including heavy fines and prison time.
Illegal Machine Guns and Modifications
Not all machine guns in the U.S. are legal.
- Homemade conversions or “auto sears” that turn non-automatic guns into automatic ones are strictly illegal unless registered as machine guns before 1986.
- A surge in illegally modified guns by criminals has contributed to gun violence.
- Penalties for illegal possession or manufacturing can involve lengthy prison sentences and hefty fines.
Best Practices and Practical Advice
Thinking about owning (or just learning more about) machine guns? Here’s what you should know:
1. Know Your State and Local Laws
- Always confirm your state’s laws before seeking to acquire a machine gun.
- Laws can change, so stay up-to-date even if you already legally own machine guns.
2. Never Attempt Illegal Modifications
- Converting guns to fully automatic without proper registration is a very serious federal offense.
- Machine gun parts like “drop-in auto sears” are also regulated the same as complete machine guns.
3. Purchase from Reputable Dealers
- Only buy from licensed dealers who specialize in NFA firearms.
- Confirm all paperwork and registration records are accurate.
4. Security and Compliance
- Store machine guns securely—use gun safes and alarmed storage if possible.
- Always transport your NFA firearms in compliance with both federal law and the laws of any states you pass through.
5. Don’t Rely on Rumors
- With so much misinformation online, rely on credible sources or professional legal advice for NFA and machine gun questions.
The Big Takeaway
Machine guns are not outright illegal in America, but the legal path to own one as a private citizen is narrow and heavily regulated. The vast majority of machine guns in the U.S. are owned by the military, law enforcement, or specialized collectors who follow strict rules. If you ever find yourself curious about pursuing ownership, be prepared for a significant investment of time, money, and responsibility.
Frequently Asked Questions (FAQs)
1. Can I own a machine gun made after 1986?
No. Only government agencies, law enforcement, and licensed manufacturers can possess machine guns made after May 19, 1986. Civilians are restricted to pre-1986 registered machine guns.
2. How much does a legal machine gun cost?
Due to the fixed supply and high collector demand, legal, transferable machine guns often cost anywhere from $15,000 to $50,000 or more. Prices vary by model, condition, and rarity.
3. What happens if I illegally possess a machine gun?
Owning an unregistered or illegally modified machine gun can result in federal felony charges. Penalties can include up to 10 years in prison and fines of up to $250,000.
4. Can I build my own machine gun or convert a semi-automatic rifle to full auto?
No. It is illegal to manufacture or convert a firearm into a machine gun unless you are a licensed manufacturer and are building for government or law enforcement use. Possession of illegal conversion devices can carry severe penalties.
5. Do I need a special license to own a machine gun as a civilian?
You do not need a “license,” but you must complete the ATF’s NFA transfer process, pass a federal background check, provide fingerprints and photographs, pay a $200 tax, and receive approval before possession. State and local bans may still apply.
Owning a machine gun in the United States is possible, but only for a select group under strict regulations. Understanding these rules is essential for staying on the right side of the law. If ever in doubt, consulting an experienced attorney or firearms law expert is always a smart move.