Is an AR15 a Machine Gun?
The AR15 platform has become a staple of modern firearm ownership, particularly among law-abiding gun owners, hunters, and target shooters. However, due to its design, configuration, and functionality, many questions arise about the AR15’s classification as a machine gun. In this article, we will investigate whether an AR15 can be considered a machine gun and examine the legal nuances surrounding this topic.
Direct Answer: Is an AR15 a Machine Gun?
No, an AR15 is not a machine gun in the classical sense of the term. A machine gun is defined by Title 26, Section 5845(b) of the US Code as:
…any weapon capable of fully automatic fire by a single function of either the trigger or the principal rate controlling part of which the weight is returned in a constant manner by action of the bolt or slipper following closely the reopening of the breech locks…
An AR15 semi-automatic rifle, on the other hand, is not capable of fully automatic fire, where the weapon releases multiple shots with a single trigger pull. Instead, the AR15 is classified as a semi-automatic or single-shot firearm, capable of firing one round for each pull of the trigger.
Key Differences
Here are the key differences between a machine gun and an AR15:
| Aspect | Machine Gun | AR15 (Semi-Automatic Rife) |
|---|---|---|
| Firing Mode | > Fully Automatic | > Single Shot per Trigger Pull (Semi-Automatic) |
| bolt function | > Automatically cycled by the same action of the trigger | > Manually or mechanically cycled by chambering and firing a separate round |
Legal Differences
To further clarify the distinction between machine guns and semi-automatic firearms like the AR15, it’s crucial to examine the legal requirements and restrictions surrounding these classes of firearms.
- Under the National Firearms Act (NFA) of 1934, machine guns manufactured before 1986, as well as those deemed to be "curio or relics," are permissible for public ownership, while newer, fully automatic versions are tightly regulated and required to be registered with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) prior to transfer.
- Post-1986 machine gun manufacturing, importation, and sales are heavily regulated and strictly controlled, falling under the provisions of Title 26, Section 5801 et seq of the US Code.
- In contrast, semi-automatic firearms, including the AR15, are subject to federal, state, and local gun laws, just like handguns and rifles with similar functions.
Citations and References
References to various legal and governmental sources further support the conclusions drawn about the AR15 not being a machine gun:
- Public Law 90-321: Enacted in 1968, this landmark legislation strictly regulated the acquisition and transfer of machine guns, emphasizing the distinction between semi-automatic and fully automatic firearms.
- 46 CFR § 478.39 (a) : The federal regulation governing automatic weapons further clarifies that machine guns are defined by their automatic firing capability.
Implications and Responsibilities
As a consequence, those who own semi-automatic rifles like the AR15 do not need to comply with the same stricter regulations, registration requirements, or even background checks as their counterparts seeking to acquire genuine machine guns. However, this doesn’t mean responsibility or responsibility-free ownership come into play.
Owner’s responsibilities:
• Familiarizing oneself with local, state, and federal laws to ensure legal compliance
• Proper storage, handling, and maintenance practices to reduce the risk of accidental injuries or unauthorized tampering
Conclusion
In summary, an AR15, as a semi-automatic rifle, is not a machine gun due to its inability to fire in fully automatic fashion. As a result of its unique design and construction, an AR15 fits squarely under the category of single-shot or semi-automatic firearms. While the similarity in appearances and functionality creates confusion among some, rest assured that the legal divide between these two classes exists, reflecting the distinct capabilities and operational characteristics of machines and human-controlled firearms like the AR15. If you still have questions concerning this issue, consult licensed professionals and relevant authorities for direct answers to your concerns or for the most up-to-date and accurate information.
Published in this article is written permission is granted to allow reproduction with proper citation credit, giving the author in an approved manner. Always ensure a thorough understanding by law to avoid any controversy and conflict.
