Can You Own a Fully Automatic Gun in the US? Navigating the Complexities of NFA Firearms
The question of owning a fully automatic weapon in the United States isn't a simple yes or no. It's a complex issue governed by a patchwork of federal and state laws, making it a minefield for the unwary. The short answer is: it's legal, but incredibly difficult and heavily regulated.
Here's a breakdown of the key factors determining ownership:
The National Firearms Act (NFA) of 1934: The Cornerstone of Regulation
The NFA is the primary federal law governing fully automatic weapons, along with silencers, short-barreled rifles and shotguns, and destructive devices. This act established a system of registration and taxation for these items, effectively creating a significant barrier to entry for most individuals.
The Key Hurdles to Ownership:
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Registration: Fully automatic firearms manufactured after May 1986 are generally prohibited from being sold to civilians. This means the overwhelming majority of legally-owned fully automatic weapons were manufactured before this date. These pre-1986 machine guns are registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and can be legally transferred, but only after a rigorous background check and substantial paperwork.
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Tax Stamp: Purchasing a registered machine gun requires paying a significant tax – currently $200 – which is collected through an ATF tax stamp. This tax is non-refundable.
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Background Check: The background check process for NFA items is far more extensive and in-depth than the background check for a standard firearm purchase. The ATF meticulously investigates the applicant's history, ensuring compliance with all relevant laws and regulations.
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State Regulations: While federal law sets the minimum standards, individual states may impose additional restrictions on the ownership and transfer of fully automatic weapons. Some states may outright ban them, while others may have stricter licensing or registration requirements. It's crucial to research your specific state's laws before even considering the purchase.
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Storage and Transportation: Storing and transporting registered machine guns also comes with specific requirements and regulations, often demanding secure storage solutions and adherence to strict transport protocols to prevent theft or misuse.
The Bottom Line: More Than Just a Purchase
Owning a fully automatic weapon in the US isn't simply a matter of buying a gun; it's a significant undertaking requiring legal expertise, patience, and a considerable financial investment. The process is designed to be challenging, reflecting the government's concern about the potential dangers of widespread civilian ownership of automatic firearms. Those considering this must understand the rigorous legal and logistical hurdles involved.
