Owning a fully automatic firearm in the United States is heavily regulated and requires navigating a complex legal landscape. This process is significantly more demanding than acquiring a standard semi-automatic weapon. This guide outlines the steps involved, emphasizing the importance of strict adherence to all federal and state laws. Failure to comply can result in severe penalties, including hefty fines and imprisonment.
Understanding the National Firearms Act (NFA)
The cornerstone of full-auto firearm ownership is the National Firearms Act (NFA) of 1934. This act imposes strict regulations on certain types of firearms, including:
- Machine guns: Firearms designed to fire more than one shot with a single pull of the trigger.
- Short-barreled rifles (SBRs): Rifles with barrels shorter than 16 inches.
- Short-barreled shotguns (SBSs): Shotguns with barrels shorter than 18 inches.
- Silencers/suppressors: Devices designed to reduce the sound of a firearm.
- Destructive devices: Generally defined as any explosive device or weapon capable of causing significant harm.
The NFA mandates registration of these items with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This registration process involves a thorough background check and substantial fees.
The Steps to Legal Ownership
The process of legally obtaining a machine gun is rigorous and lengthy. Here's a breakdown:
1. Finding a Registered Machine Gun:
The first step is locating a registered machine gun. These are typically available through licensed dealers specializing in NFA items. It's crucial to only purchase from reputable sources to ensure the firearm is legally registered and transferable.
2. Completing ATF Form 4:
The prospective owner must complete ATF Form 4, "Application for Tax Paid Transfer and Registration of Firearm." This form requires detailed personal information, including fingerprints and photographs. The application process involves a thorough background check conducted by the ATF. This background check is far more extensive than a standard background check for a typical firearm purchase.
3. Paying the Tax Stamp:
The NFA mandates a $200 tax for the transfer of a machine gun. This tax must be paid as part of the ATF Form 4 application.
4. Awaiting ATF Approval:
The ATF processing time for Form 4 applications can vary considerably, often taking several months or even longer. During this period, the applicant must remain patient and await notification from the ATF.
5. Compliance with State and Local Laws:
Even after receiving ATF approval, it's essential to confirm compliance with all applicable state and local laws. Regulations concerning fully automatic firearms vary significantly from state to state. Some states may impose additional restrictions or outright bans on machine guns.
Important Considerations:
- Legal Counsel: Consulting with an attorney experienced in NFA regulations is highly recommended. The complexities of the law require careful navigation to ensure compliance.
- Storage and Transportation: Strict regulations govern the storage and transportation of NFA items. Improper handling can result in serious legal repercussions.
- Ongoing Compliance: Staying informed about changes in federal and state laws is crucial for maintaining legal ownership.
This guide provides a general overview. The specific requirements and procedures may vary. Always consult the official ATF website and seek legal counsel before attempting to acquire a fully automatic firearm. The process is complex and demanding, requiring meticulous attention to detail and adherence to the law. Improper handling can lead to severe consequences.
