Are AK-47s Legal in the US?
The answer to this question is a bit more complicated than a simple "yes" or "no". The AK-47, a semi-automatic rifle designed by Mikhail Kalashnikov in the 1940s, has a complex and evolving legal status in the United States.
Federal Laws
The federal government does not explicitly ban the possession or sale of AK-47s, but certain types of AK-47s are subject to federal restrictions. The Gun Control Act of 1968 (GCA) and the Firearm Owners Protection Act of 1986 (FOPA) play a significant role in determining the legality of AK-47s in the US.
GCA:
- The GCA regulates the sale and transfer of firearms, including those with a muzzle energy of over 3,000 foot-pounds.
- The law prohibits the importation, manufacture, and sale of semi-automatic rifles with a detachable magazine that holds more than 10 rounds.
- AK-47s with a detachable magazine that holds 10 rounds or less are not subject to this restriction.
FOPA:
- The FOPA was enacted to address the ban on semi-automatic firearms with a detachable magazine, as imposed by the GCA.
- The law grandfathered in all firearms that were legally possessed before May 19, 1986, but prohibited the manufacture and importation of new semi-automatic firearms with a detachable magazine.
- This grandfather clause allows the ownership and transfer of pre-1986 AK-47s with a detachable magazine.
State Laws
While federal laws provide some guidance, state laws vary significantly regarding the possession and sale of AK-47s. Some states:
- Prohibit the possession or sale of certain types of AK-47s, such as those with a detachable magazine.
- Regulate the sale and possession of AK-47s through licensing requirements, permits, and background checks.
- Allow the possession and sale of AK-47s with some restrictions, such as registration requirements.
Table: AK-47 Legal Status by State
| State | Legal Status |
|---|---|
| Alabama | Legal with registration |
| Alaska | Legal |
| Arizona | Legal |
| Arkansas | Legal |
| California | Illegal |
| Colorado | Legal |
| Connecticut | Illegal |
| Delaware | Illegal |
| Florida | Legal |
| Georgia | Legal |
| Hawaii | Illegal |
| Idaho | Legal |
| Illinois | Illegal |
| Indiana | Legal |
| Iowa | Legal |
| Kansas | Legal |
| Kentucky | Legal |
| Louisiana | Legal |
| Maine | Legal |
| Maryland | Illegal |
| Massachusetts | Illegal |
| Michigan | Legal |
| Minnesota | Legal |
| Mississippi | Legal |
| Missouri | Legal |
| Montana | Legal |
| Nebraska | Legal |
| Nevada | Legal |
| New Hampshire | Legal |
| New Jersey | Illegal |
| New Mexico | Legal |
| New York | Illegal |
| North Carolina | Legal |
| North Dakota | Legal |
| Ohio | Legal |
| Oklahoma | Legal |
| Oregon | Legal |
| Pennsylvania | Legal |
| Rhode Island | Illegal |
| South Carolina | Legal |
| South Dakota | Legal |
| Tennessee | Legal |
| Texas | Legal |
| Utah | Legal |
| Vermont | Legal |
| Virginia | Legal |
| Washington | Legal |
| West Virginia | Legal |
| Wisconsin | Legal |
| Wyoming | Legal |
Important Notes
- Pre-1986 AK-47s with a detachable magazine are legal in most states, but may require registration.
- Post-1986 AK-47s with a detachable magazine are generally illegal under federal law and many state laws.
- Some states have loopholes or exceptions that allow the possession and sale of certain AK-47s, but these laws are often ambiguous and subject to interpretation.
- Local ordinances may also restrict the possession and sale of AK-47s, even in states where they are otherwise legal.
Conclusion
The legality of AK-47s in the US is complex and dependent on various factors, including the type of AK-47, the state in which it is possessed, and local ordinances. While pre-1986 AK-47s with a detachable magazine are generally legal, post-1986 AK-47s are often illegal under federal law and many state laws. It is essential for individuals considering the purchase or ownership of an AK-47 to research and understand the legal requirements and restrictions in their area.
