Are fully automatic guns legal?

Are Fully Automatic Guns Legal?

The Short Answer

In the United States, fully automatic guns are legal for civilians to own and possess, but with strict regulations and permits. The National Firearms Act (NFA) of 1934 regulates the manufacture, transfer, and possession of fully automatic firearms, including machine guns, short-barreled shotguns, and certain types of silencers. However, the process of obtaining these weapons is rigorous and often requires a background check, permit, and payment of a tax stamp.

Definitions and Types of Fully Automatic Guns

Before we dive into the legality of fully automatic guns, it’s essential to understand what they are:

• Machine guns: Firearms that can fire automatically more than one shot, without manual reloading, with a single trigger pull. Examples include submachine guns, assault rifles, and light machine guns.
• Selective-fire firearms: Weapons that can be set to fire either semi-automatically (one shot per trigger pull) or fully automatically. Examples include rifles and pistols with a selective-fire capability.
• Semiautomatic firearms: Weapons that fire one shot per trigger pull, with the spent cartridge case ejected and a new cartridge loaded automatically.

Legal Framework for Fully Automatic Guns

In the United States, the legal framework for fully automatic guns is complex and multi-layered:

• National Firearms Act (NFA): Enacted in 1934, the NFA regulates the manufacture, transfer, and possession of certain types of firearms, including machine guns, short-barreled shotguns, and silencers.
• Firearm Owners Protection Act (FOPA): Enacted in 1986, FOPA prohibited the civilian ownership of machine guns manufactured after May 19, 1986, except for those legally owned prior to the date of enactment.
• Gun Control Act (GCA): Enacted in 1968, the GCA regulates the sale, transfer, and possession of firearms, including fully automatic guns, by licensed dealers and importers.

Licensing and Permit Requirements

To own and possess a fully automatic gun in the United States, you must meet strict licensing and permit requirements:

Check out the 50 Cheapest Guns Now


• Federal Firearms License (FFL): To manufacture, import, or deal in firearms, including fully automatic guns, you must hold a Federal Firearms License (FFL) issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
• Tax Stamp: To purchase a machine gun, you must pay a $200 tax stamp, which includes a background check and waiting period.
• State and Local Permits: Some states and local governments may require additional permits or licenses to own and possess fully automatic guns.

Consequences for Illegal Possession

If you illegally possess a fully automatic gun, you may face serious consequences, including:

• Criminal Charges: Possessing a machine gun without a tax stamp or permit can result in federal criminal charges, including felonies.
Check out the 50 Cheapest Guns Now


• Criminal Penalties: Criminal penalties can include fines, imprisonment, and confiscation of the firearm.
• Civil Liability: Individuals who illegally possess fully automatic guns may also face civil liability for any harm or damage caused by the firearm.

Key Takeaways

In summary:

• Fully automatic guns are legal for civilians to own and possess in the United States, but with strict regulations and permits.
• The National Firearms Act (NFA) regulates the manufacture, transfer, and possession of certain types of firearms, including machine guns.
• To own and possess a fully automatic gun, you must meet licensing and permit requirements, including a Federal Firearms License (FFL), tax stamp, and potentially state and local permits.
• Illegal possession of a fully automatic gun can result in serious consequences, including criminal charges, penalties, and civil liability.

Table: Summary of Fully Automatic Gun Regulations

Note: This article provides a general overview of fully automatic gun regulations in the United States. It’s essential to consult with legal authorities and experts to determine the specific laws and regulations applicable to your situation.