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 is complex, with the answer being a qualified no, for most people. While not entirely prohibited, acquiring and possessing a fully automatic firearm is heavily regulated and restricted under the National Firearms Act (NFA) of 1934. This means it's significantly more difficult than purchasing a semi-automatic weapon.
Here's a breakdown of the key factors influencing ownership:
The National Firearms Act (NFA) and its Impact
The NFA places fully automatic weapons, along with silencers, short-barreled rifles and shotguns, and destructive devices, into a special category requiring additional licensing and registration procedures. This legislation aims to control the spread of potentially dangerous weaponry.
The Registration Process: A Significant Hurdle
To legally own a fully automatic firearm, you must navigate a rigorous registration process. This involves:
- Submitting an ATF Form 4: This application requires a thorough background check, fingerprinting, and payment of a significant tax stamp. The processing time for this form can be lengthy, often taking several months or even longer.
- Passing a Background Check: The background check is incredibly stringent, far exceeding the standard background check for purchasing a semi-automatic firearm. Any prior criminal record or certain misdemeanor convictions will likely disqualify you.
- Paying a Substantial Tax: A substantial tax is levied on the registration of the firearm, adding a considerable financial barrier to ownership.
Pre-1986 Machine Guns: A Different Story
A critical distinction exists regarding machine guns manufactured before May 19, 1986. These firearms, often referred to as "pre-86" machine guns, can be legally transferred to private citizens if they meet all NFA requirements and are registered correctly. Post-1986 machine guns, however, cannot be legally transferred to civilians. This significantly limits the availability of new fully automatic weapons for private ownership.
The Role of the ATF: Enforcement and Oversight
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is responsible for enforcing the NFA and overseeing the registration process. Non-compliance can lead to severe penalties, including hefty fines and imprisonment.
State Laws: Adding Another Layer of Complexity
While federal law governs the core regulations, individual states may have additional restrictions on the ownership of fully automatic weapons. It's crucial to research and understand both federal and state laws before attempting to acquire an NFA firearm.
Conclusion: A High Bar for Ownership
In summary, while technically possible to own a fully automatic firearm in the US, it's a complex and challenging undertaking. The stringent regulations, extensive background checks, and substantial tax make it a reality for very few individuals. The process demands meticulous attention to detail and a thorough understanding of the NFA and relevant state laws. If you're considering pursuing this path, it's strongly recommended to consult with a qualified legal professional specializing in firearms law.
