Are Tommy Guns Legal?
The Thompson submachine gun, commonly referred to as the "Tommy gun," has a notorious reputation as a symbol of organized crime in the United States during the Prohibition era. Despite its fearsome reputation, the question remains: are Tommy guns legal?
Direct Answer:
The short answer is no, Tommy guns are not legal for civilians to own in the United States. The 1986 Firearm Owners Protection Act (FOPA) prohibited the manufacture, transfer, and possession of fully automatic firearms, including the Thompson submachine gun, for civilian ownership. However, there are some exceptions and alternatives that collectors and enthusiasts can consider.
History of the Tommy Gun
The Thompson submachine gun was invented in the 1920s by John T. Thompson, an American inventor and engineer. Initially designed for use in World War I, the gun was too late to see action but was later adopted by law enforcement agencies and gangsters during the Prohibition era. Its popularity soared, particularly among organized crime figures such as Al Capone.
Legal Status
As mentioned earlier, the Tommy gun is prohibited for civilian ownership due to the 1986 FOPA. This law grandfathered in fully automatic firearms that were already registered prior to May 19, 1986, but prohibited the transfer, sale, and possession of newly manufactured or imported fully automatic firearms. The FOPA also introduced stricter regulations on the ownership and use of fully automatic firearms.
Exceptions and Alternatives
While Tommy guns are not legal for civilian ownership, there are some exceptions and alternatives:
- Registered Owners: Individuals who legally owned Tommy guns before the 1986 FOPA were allowed to continue owning and possessing their firearms, but they are required to comply with the law’s stricter regulations.
- Military and Law Enforcement: Tommy guns are still used by military and law enforcement agencies, and these organizations are exempt from the FOPA restrictions.
- Reproduction and Semi-Automatic Variants: Companies have developed reproduction and semi-automatic variants of the Tommy gun that are legal for civilians to own. These variants are designed to fire in semi-automatic mode only, without the ability to select full automatic fire.
- Machine Gun Trusts: In 2011, the ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) clarified that trusts can be used to own machine guns, including the Tommy gun, as long as the trust is specifically created for the purpose of owning and maintaining a machine gun.
Comparison of Laws by State
While federal law prohibits the ownership of Tommy guns, some states have their own laws regarding the possession and use of machine guns. Here’s a comparison of laws by state:
| State | Law | Effect |
|---|---|---|
| California | Prohibited | Ownership and possession of machine guns, including the Tommy gun, is illegal. |
| New York | Prohibited | Machine guns, including the Tommy gun, are considered a Class C felony. |
| Illinois | Restricted | Machine guns, including the Tommy gun, require a special permit and background check. |
| Florida | Legal | Machine guns, including the Tommy gun, are legal for private ownership, but require registration and a background check. |
| Texas | Legal | Machine guns, including the Tommy gun, are legal for private ownership, but require registration and a background check. |
Conclusion
In conclusion, while Tommy guns are not legal for civilian ownership, there are some exceptions and alternatives for collectors and enthusiasts. The 1986 FOPA prohibited the manufacture, transfer, and possession of fully automatic firearms, including the Thompson submachine gun, for civilian ownership. However, registered owners, military and law enforcement agencies, and some states have exceptions and alternative options. It’s essential to understand the laws and regulations regarding machine guns to avoid legal issues and potential consequences.
