Can You Own a Fully Automatic Weapon in Alabama?
Answering the Question
In the United States, the possession of fully automatic weapons is heavily regulated. The National Firearms Act (NFA) of 1934 and the Firearm Owners Protection Act (FOPA) of 1986 introduced strict laws and procedures for the ownership and use of such weapons. As a result, it can be challenging to own a fully automatic weapon, and it is essential to understand the laws and regulations before attempting to do so. In this article, we will explore the legal status of owning a fully automatic weapon in Alabama.
What is a Fully Automatic Weapon?
Before delving into the laws of Alabama, it is crucial to understand what constitutes a fully automatic weapon. A fully automatic weapon is a firearm that fires multiple rounds with a single trigger pull, without the need to manually cycle the trigger. These weapons are typically equipped with a selective-fire mechanism, which allows the user to switch between fully automatic and semi-automatic firing modes.
Federal Law
The National Firearms Act (NFA) and the Firearm Owners Protection Act (FOPA) govern the possession of fully automatic weapons at the federal level. According to these laws:
- Fully automatic weapons are heavily restricted and require a tax stamp from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to legally own.
- Transfer and ownership of fully automatic weapons are strictly regulated and must be approved by the ATF.
- Fully automatic weapons are generally prohibited from being possessed or transferred by certain individuals, including felons, domestic abusers, and individuals with certain mental health issues.
Alabama State Law
Alabama law follows federal guidelines for fully automatic weapons. However, the state has its own set of regulations and laws that apply to the ownership and possession of these weapons. Alabama law allows individuals to own and possess fully automatic weapons, provided they meet the following criteria:
- The individual must obtain a tax stamp from the ATF and comply with federal regulations.
- The individual must be at least 21 years old and meet the federal requirements for firearms ownership.
- The individual must not be a convicted felon, domestic abuser, or individual with certain mental health issues.
State-specific Requirements
While Alabama law allows the possession of fully automatic weapons, there are some state-specific requirements that apply:
- Registration: Fully automatic weapons must be registered with the Alabama State Law Enforcement Agency (LEA) within 10 days of acquisition.
- Background Check: All transactions involving fully automatic weapons must be conducted through a licensed firearms dealer and a background check must be conducted.
- Storage: Fully automatic weapons must be stored in a secure and locked location, inaccessible to minors and unauthorized individuals.
Permits and Approvals
To own a fully automatic weapon in Alabama, an individual must first obtain a tax stamp from the ATF. Additionally, they must obtain a Certificate of Compliance from the Alabama LEA. This certificate confirms that the individual meets the state-specific requirements for owning a fully automatic weapon.
Restrictions and Prohibitions
While Alabama law allows the possession of fully automatic weapons, there are certain restrictions and prohibitions that apply:
- Machinegun definitions: Alabama law defines machineguns as "any weapon that is capable of firing more than one shot, without manual reloading, by a single function of the trigger." Fully automatic weapons that do not meet this definition are considered to be semi-automatic, and are subject to separate laws and regulations.
- Sawed-off shotguns: Alabama law prohibits the possession of sawed-off shotguns, which are considered to be illegal machineguns.
- Convicted felons: Individuals who have been convicted of a felony are prohibited from owning or possessing a fully automatic weapon.
Table: Alabama Law vs. Federal Law
| Law | Fully Automatic Weapons |
|---|---|
| Federal Law | Tax stamp required, heavily regulated, and prohibited for certain individuals |
| Alabama State Law | Allows ownership, with registration and background checks |
Conclusion
In summary, fully automatic weapons are heavily regulated and heavily restricted in Alabama. While Alabama law allows individuals to own and possess fully automatic weapons, they must meet the federal requirements, including obtaining a tax stamp and complying with state-specific requirements. Additionally, there are certain restrictions and prohibitions that apply, including background checks, storage requirements, and prohibitions for certain individuals. It is essential to understand the laws and regulations before attempting to own a fully automatic weapon in Alabama.
