Obtaining a license for a fully automatic firearm in the United States is a complex and rigorous process, significantly more demanding than acquiring a license for semi-automatic weapons. The process is governed by federal law and varies slightly depending on the state, so it's crucial to understand the specific regulations in your area. This guide provides a general overview and should not be considered legal advice. Always consult with a qualified firearms attorney and your local Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) office for accurate and up-to-date information.
Understanding the Legal Framework
The core legislation governing fully automatic firearms is the National Firearms Act (NFA) of 1934. This act imposes strict regulations on various items, including machine guns, silencers, short-barreled rifles and shotguns, and destructive devices. These items are classified as NFA firearms and require a special tax stamp from the ATF before you can legally possess them.
Key Requirements & Steps
The process for obtaining a license to own a fully automatic firearm involves several critical steps:
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Application Process: You must fill out ATF Form 4, the application for tax payment and registration of NFA firearms. This form requires extensive personal information, including fingerprints and photographs. Accuracy is paramount; any inaccuracies can lead to delays or rejection.
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Background Check: The ATF conducts a thorough background check, far more extensive than a standard background check for purchasing a handgun or long gun. This check includes a review of your criminal history, mental health records, and any prior involvement with the law. Even minor offenses can lead to disqualification.
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Chief Law Enforcement Officer (CLEO) Sign-off: In many jurisdictions, you'll need your local CLEO (usually the chief of police or sheriff) to sign off on your application. This step adds another layer of scrutiny to the process. The CLEO's approval is not guaranteed and can be based on their own discretion and local laws.
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Tax Payment: A substantial tax is levied on the transfer of a fully automatic firearm. This tax is currently $200. The payment is made as part of the ATF Form 4 application.
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Waiting Period: After submitting your application and paying the tax, there's a considerable waiting period while the ATF processes your paperwork and background check. This period can last several months, even exceeding a year in some cases.
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Approval & Possession: Once the ATF approves your application, you'll receive your tax stamp. Only then can you legally take possession of the fully automatic firearm.
Factors Affecting Approval
Several factors influence the ATF's decision to approve or deny your application. These include:
- Criminal History: Any felony convictions, domestic violence misdemeanors, or certain other offenses will likely result in denial.
- Mental Health History: A history of mental health issues could lead to disqualification.
- Drug Use: Past or present illegal drug use can be a significant obstacle.
- Compliance with Other Laws: Prior violations of any firearms laws or regulations could hinder your application.
- CLEO Recommendation: As mentioned, your local CLEO's recommendation plays a key role in the approval process.
Additional Considerations
- State Laws: State laws vary regarding the ownership and possession of fully automatic firearms. Some states have stricter regulations than the federal government. It's critical to research your specific state's laws.
- Storage Requirements: Strict storage requirements apply to NFA firearms, ensuring they're secured to prevent theft or unauthorized use.
- Transfer Restrictions: Transferring a fully automatic firearm involves repeating the entire ATF Form 4 process, including the tax payment, background checks, and waiting periods.
Disclaimer:
This information is for educational purposes only and should not be considered legal advice. The laws surrounding fully automatic firearms are complex and frequently change. Consulting with a qualified firearms attorney and the ATF is crucial before attempting to obtain a license. Failure to comply with all applicable federal and state laws can result in severe penalties.
