How to Legally Own a Fully Automatic Weapon in the United States
Owning a fully automatic firearm in the United States is significantly more complex than owning a semi-automatic weapon. The process is heavily regulated, expensive, and requires meticulous adherence to federal and, in some cases, state laws. This guide outlines the general process, but it's crucial to consult with a firearms attorney and your local Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) field office for the most up-to-date and accurate information specific to your location. This information is for educational purposes only and does not constitute legal advice.
The National Firearms Act (NFA) and the Process
The cornerstone of fully automatic weapon ownership in the US is the National Firearms Act (NFA) of 1934. This act imposes strict regulations on various items, including machine guns, silencers, short-barreled rifles/shotguns, and destructive devices. To legally own a machine gun, you must navigate the following steps:
1. ATF Form 1 or Form 4: The Application Process
This is the core of the process. You'll need to choose between two forms, depending on your intention:
- Form 1: Used to manufacture your own NFA item. This requires significant technical expertise and adherence to very specific manufacturing standards. It's generally a far more complex process than Form 4.
- Form 4: Used to acquire a pre-existing NFA item from a licensed dealer. This is the most common route for acquiring a fully automatic weapon.
Both forms require extensive paperwork, including fingerprints, photographs, and a detailed description of the firearm. The application process is rigorous and subject to a thorough background check. Expect significant delays—processing times can range from several months to over a year.
2. The Background Check: A Comprehensive Examination
The ATF conducts a comprehensive background check on all applicants. This involves checking criminal history, mental health records, and other relevant information. Any prior offenses, particularly felonies or domestic violence convictions, will likely disqualify you. The standards are very strict, and even minor infractions could lead to rejection.
3. Taxes and Fees: A Significant Financial Commitment
Owning a fully automatic weapon comes with significant financial obligations. The NFA imposes a hefty tax stamp on each NFA item, currently $200 per item. This is in addition to the cost of the firearm itself, which can range from several thousand to tens of thousands of dollars, depending on the make, model, and condition. The added costs associated with the ATF application process, legal consultation, and storage should also be factored in.
4. Storage and Transportation: Strict Regulations Apply
Once approved, you'll need to adhere to strict regulations regarding storage and transportation. Improper storage or transportation can lead to severe penalties, including confiscation of the firearm and potential criminal charges. Consult your ATF field office for specific requirements in your area.
Pre-1986 Machine Guns: A Separate Category
Fully automatic firearms manufactured before May 19, 1986, are subject to different, but equally stringent, regulations. The Hughes Amendment of 1986 effectively banned the manufacture and sale of new machine guns for civilian ownership, making pre-1986 machine guns a highly sought-after and expensive collector's item. These firearms, while legal to own with the proper permits, are generally even more costly than newer models due to their rarity and historical significance.
State Laws: Additional Considerations
It's essential to understand that federal regulations are not the only ones that apply. Many states have their own laws regarding NFA items that may be more restrictive than federal law. Be sure to research your state's specific laws and regulations before attempting to acquire a fully automatic weapon.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. The process of obtaining a fully automatic weapon is complex and requires careful planning and adherence to both federal and state laws. Consult with a qualified firearms attorney and your local ATF field office for the most accurate and up-to-date information before initiating any actions. Improper handling of NFA items can lead to severe legal consequences.
