Can a Civilian Own an M16?
The M16 is one of the most iconic and popular firearms in the world, used by the United States military for decades. Many civilians have wondered, however, if they can own an M16 rifle as well. The short answer is: Yes, but with certain limitations.
Federal Law: The National Firearms Act (NFA)
Before delving into the specific restrictions on owning an M16, it’s essential to understand the federal law governing the possession and ownership of certain firearms, including machine guns. The National Firearms Act (NFA) was enacted in 1934 to regulate the manufacture, sale, and possession of certain firearms, including machine guns, defined as firearms that can fire automatically more than one shot with a single trigger pull.
The Firearm Owner’s Protection Act (1986)
In 1986, the Firearm Owner’s Protection Act (FOPA) amended the NFA and created new restrictions on owning certain firearms, including the M16. Specifically, the FOPA banned the civilian possession and transfer of full-automatic firearms, which fire automatically without the trigger being pulled for each shot. However, it grandfathered in existing transferable machine guns, allowing their owners to retain ownership under certain conditions.
Civilian Ownership of the M16: The Three-Way Split
Currently, there are three types of M16 rifles: full-automatic, semi-automatic, and select-fire. To clarify the ownership landscape:
- Full-Automatic M16: No civilian can own a full-automatic M16, as the FOPA prohibited their possession and transfer in 1986.
- Semi-Automatic M16: Civilians can own semi-automatic M16s, which fire only one shot per trigger pull, just like most sporting rifles. These rifles are readily available for purchase and use in many states.
- Select-Fire M16: Law Enforcement and Military personnel are allowed to own and use select-fire M16s, which can be converted to full-automatic by pressing a switch or operating the selector lever. These firearms are typically issued and maintained by government agencies for law enforcement and military purposes.
State-Specific Regulations
While federal law provides some clarity on owning M16s, states may have their own restrictions. Some states, such as California, Connecticut, Massachusetts, New Jersey, New York, and Rhode Island, have stricter laws regulating the ownership of certain firearms, including rifles. For example, some states may require permits or background checks for ownership of certain firearms.
How to Own a Civilian M16 (Semi-Automatic)
If you’re interested in owning a semi-automatic M16, here’s a step-by-step guide:
- Check State Law: Ensure that the semi-automatic M16 you want to own is legal in your state. Check your state’s laws regarding ownership of rifles and background checks.
- Background Check: Pass a NICS (National Instant Criminal Background Check System) check to ensure you don’t have any disqualifying criminal or mental health history.
- Filing with the ATF: Fill out the required forms with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to register your rifle. You’ll need to provide documentation, including your driver’s license, proof of residency, and fingerprints.
- Purchase: Once your paperwork is processed, you can purchase a semi-automatic M16 from a licensed firearms dealer.
- Storage and Security: Store your rifle in a secure location, out of reach of children and unauthorized individuals, and keep the rifle unloaded when not in use.
In Summary
In conclusion, civilians can own semi-automatic M16s, but federal law prohibits the ownership of full-automatic M16s, while law enforcement and military personnel can own select-fire M16s. Be sure to check state laws regarding ownership and background checks. With the proper permits, documentation, and security measures in place, civilians can legally own and use M16s for sporting purposes.
Table: Types of M16s
| Type | Definition | Civilian Ownership |
|---|---|---|
| Full-Automatic | Fires automatically | No (banned) |
| Semi-Automatic | Fires one shot per trigger pull | Yes |
| Select-Fire | Fires automatically or semi-automatically | No (law enforcement and military only) |
Note: This article aims to provide general information on owning an M16. Local laws and regulations may vary. It’s essential to check with your state’s authorities and local gun laws before purchasing or owning a firearm.
