The question of owning a fully automatic weapon in the United States is complex, shrouded in regulations, and often misunderstood. The short answer is: yes, you can legally own a fully automatic firearm, but it's far from a simple process. This article will delve into the intricacies of owning these NFA (National Firearms Act) items, exploring the legal requirements, costs, and considerations involved.
Understanding the National Firearms Act (NFA)
The foundation of all regulations concerning fully automatic weapons lies in the National Firearms Act of 1934 (NFA). This act, enacted during the Prohibition era, imposed strict controls on certain types of firearms considered particularly dangerous, including machine guns, silencers, and short-barreled rifles/shotguns. The NFA essentially created a system of registration and taxation for these items, making them significantly more difficult and expensive to acquire legally.
Key Aspects of the NFA Affecting Full-Auto Ownership:
- Registration: Any transfer of an NFA item, including a fully automatic firearm, requires registration with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This involves a comprehensive background check and a significant waiting period.
- Tax Stamp: A substantial tax ($200 as of 2023) must be paid for each registered NFA item. This acts as a significant barrier to entry for most individuals.
- Background Checks: The background check process for NFA items is far more stringent than for standard firearms. It involves extensive scrutiny of the applicant's history, including criminal record, mental health evaluations, and interviews.
- Storage Requirements: Specific storage requirements are often mandated for NFA items, depending on state and local laws. These might include secure gun safes or other security measures.
The Process of Obtaining a Full-Auto Weapon:
The process of legally acquiring a fully automatic firearm is lengthy, bureaucratic, and expensive. Here's a general overview:
- Finding a Registered Full-Auto: This is often the most challenging step. The supply of legally transferable fully automatic weapons is limited due to the restrictions imposed by the NFA. Prices can range from several thousand to tens of thousands of dollars, depending on the make, model, and condition of the firearm.
- ATF Form 1 or Form 4: You'll need to complete either ATF Form 1 (for making your own NFA item) or Form 4 (for purchasing a registered NFA item from a licensed dealer). Form 4 is the most common route for acquiring a pre-owned machine gun.
- Fingerprint and Photograph: You'll need to provide fingerprints and a photograph as part of the application process.
- Background Check: A comprehensive background check by the ATF is conducted. This can take months, even years, to complete.
- Tax Payment: The $200 tax stamp must be paid.
- Approval: Upon approval, you'll receive a tax stamp, allowing you to legally possess the registered fully automatic firearm.
Case Study: The Rising Cost of Post-1986 Machine Guns
One factor driving up the cost of full-auto firearms is the 1986 Hughes Amendment to the Firearm Owners Protection Act. This amendment effectively banned the registration of new machine guns for civilian ownership. This means the supply of legally transferable machine guns is finite, leading to increased demand and consequently higher prices. The value of pre-1986 machine guns has skyrocketed over the years, making them investment-grade assets for some collectors.
Legal Considerations and State Laws:
While federal law governs the core regulations, state laws can further restrict or prohibit the ownership of full-auto firearms. Some states may require additional licensing, permits, or even outright ban the possession of machine guns. It's crucial to research your specific state and local laws before attempting to acquire a fully automatic firearm.
Beyond the Legalities: Responsibility and Safety
Owning a fully automatic weapon carries significant responsibilities. Safe storage, proper handling, and a thorough understanding of firearm safety are paramount. The power and potential danger of these weapons necessitate responsible ownership and adherence to all applicable laws and regulations.
Conclusion:
Owning a full-auto gun in the US is possible, but the process is far from straightforward. It demands significant financial resources, time investment, and a deep understanding of complex federal and state laws. Prospective owners must be fully committed to navigating the regulatory hurdles and accepting the considerable responsibilities associated with such a powerful firearm. Remember always to prioritize safety and responsible gun ownership.