Are Automatic Weapons Legal?

Are automatic weapons legal? Yes! For the most part, at least.

Whether you can legally possess an automatic weapon hinges on three factors: who you are, where you live, and when the firearm was manufactured. You’ll also need a lot of money.

What Is an Automatic Weapon?

An automatic weapon, or machine gun, fires multiple bullets when you pull the trigger once. Compare it to a semi-automatic weapon, which fires one shot and subsequently loads a new cartridge when its trigger is pulled.

After that you’ve got manually operated firearms, which generally require some extra action on the part of the shooter to fire successive shots. These include bolt-actions, pump-actions, and lever-actions.

The video snippet below features a shooter with an automatic AK-47 firing bulk 7.62×39 ammunition. This type of rifle isn’t illegal but it’s not the type of firearm you can typically find in a local gun shop and leave with that same day after a simple background check.

To begin, let’s briefly define what an automatic weapon is. You’ll see the phrase “fully automatic weapon” thrown around freely, but the word “fully” is redundant in that context. Adding that qualifier is equivalent to saying “tree-grown peaches.” All peaches grow on trees; all automatic weapons are “fully” automatic.

Are Automatic Firearms Legal?

Yes, but only for Americans living in certain areas. Many states have laws making them illegal entirely.

Who Can Own an Automatic Weapon?

The Firearm Owners Protection Act (FOPA) of 1986, a U.S. federal law, standardized the list of individuals who may not legally possess machine guns. Most importantly, anyone convicted of a felony punishable by more than one year imprisonment can not own a machine gun. (With exceptions, such as when that individual’s state of residence restored their right to own machine guns.) The FOPA designates other individuals as threats to public safety and thus ineligible to own firearms. Form 4473 lists them and we’ve laid them out below. You’ll have to fill out that form when you purchase any firearm from a licensed gun dealer:

● Fugitives from justice
● Illegal drug users
● Mental defectives and individuals admitted to mental institutions involuntarily
● Illegal aliens
● Dishonorable discharges
● Individuals who have renounced their American citizenship
● Anyone subject to court orders restraining them from stalking, harassing, or threatening their partner/children
● Individuals convicted of misdemeanor domestic violence
● People under indictment for a misdemeanor punishable by more than two years imprisonment

Additionally, individual states may have their own laws pertaining to machine guns within their borders. Whether you can possess, manufacture, or sell a machine gun depends on your state of residence. Here are the states that have machine gun laws:

Are Automatic Weapons Legal?

Note that only Federal Firearms License holders can manufacture or sell machine guns. Also note that Maryland, Montana, and Virginia only prohibit civilian possession of a machine gun in the event that they use the weapon to commit a crime. Basically, if you rob a liquor store with an otherwise legal M60 in those states, you will face extra jail time. Plan any robberies accordingly.*

*We are just kidding, of course. Do not plan any robberies.

What is a “Pre-May” Machine Gun?

President Ronald Reagan signed FOPA into law on May 19th, 1986 primarily to protect gun dealers from harassment by ATF agents. Representative William J. Hughes (D-NJ) proposed several amendments to FOPA. Those amendments included House Amendment 777 to H.R. 4332, which made it “unlawful for any person to transfer or possess a machinegun except in the case of a machinegun that was lawfully possessed before the date of enactment.”

Hughes’ amendment effectively banned civilian ownership of all machine guns manufactured after May 18th, 1986. (If you already owned a machine gun when the ban took hold, they grandfathered-in that rifle.) Because no machine guns have been legally manufactured for civilian ownership in over three decades, “pre-May” machine guns are in high demand.

The outcome of that is just as you would imagine. FN sells new M4A1 rifles to the U.S. Army for under $700 apiece. (Admittedly, the Army gets bulk pricing.) If you want an M16, you’ll have to settle for a used one that costs about $25,000. So, while you could theoretically possess a machine gun, you may decide to put a down payment on a house instead!

How to Legally Buy a Machine Gun

If you are not a Federal Firearms License holder, buying a machine gun can be a slow and costly process. The reward for all of your effort is a machine gun, which of course, is no small dangled carrot.

Interested in buying a machine gun? Here is how you would go about it:

1. Check your state laws. As indicated above, some states flat out ban their residents from owning machine guns. If you live in New Jersey, you can plan a relaxing canoe trip through the Pine Barrens, but do not plan on owning a machine gun.

2. Find a pre-May machine gun for sale. A licensed gun dealer can give you access to a greater selection of pre-May machine guns as they are allowed to arrange their interstate transportation.

3. Pay for the machine gun. This is the least fun part. Even a 70 year old Danish submachine gun chambered for 9mm is likely to set you back about $6,000 — if you’re lucky. You may opt to buy your machine gun as an individual or as a trust. The latter is especially helpful if you intend to will your firearms to one or more heirs.

4. Submit ATF Form 4. You’ll have to pay the standard $200 tax (which the ATF must refund if they deny your application), getting photographed and fingerprinted, and providing all pertinent information about the machine gun you intend to purchase.

5. Wait up to one year. In this time you can think about things you would like to shoot.

6. Receive your machine gun. The best part — shoot all those things you thought about over the past year!

The Takeaway

You are probably not a prohibited person according to the FOPA. Assuming nothing about you, there is a three in five chance that you do not live in a state with a machine gun ban. Pre-May machine guns are neither ubiquitous nor inexpensive, yet they are available. If your status, state, and financial situation permit it, you can legally buy an automatic weapon! And we wholly advise that you do, because a machine gun treats ammunition like a dog would treat sausages if he were locked overnight in a Polish delicatessen