Are Machine Guns Legal?
Contrary to popular belief, it is perfectly legal for a law-abiding American citizen to own/possess a machine gun (sometimes called a full-auto firearm or automatic weapon).
Of course, there are some restrictions on machine gun ownership/possession for non-government/law enforcement personnel.
[bctt tweet=”Contrary to popular belief, it is legal for a law-abiding American citizen to own a machine gun.” username=”rocketffl”]
For example, a private citizen can lawfully own a machine gun only if:
- the possessor isn’t a “prohibited person,”
- the full-auto machine gun was made before 1986, and
- their relevant state law does not ban that the firearm (whether banning machine guns outright or any firearm with certain features).
As you can see, machine gun possession is regulated based on the person (possessor), the firearm itself (when it was made), and where the firearm is possessed (which state).
In this article, we’re going to cover:
- machine gun owners,
- legal machine guns,
- state laws banning machine guns, and
- how to own a machine gun
As with everything, there are a some exceptions…
For example, someone can lawfully possess a machine gun made this morning if it is in connection with their duties as a government or law enforcement official, or if they have their Federal Firearms License (FFL) and have either made or possess the machine gun for possible sale to government/law enforcement personnel.
To make or sell machine guns (and other NFA firearms like silencers) the FFL must also be an SOT. This is sometimes incorrectly referred to as having a class 3 license.
Full-auto machine guns fit into a certain class of firearms called National Firearms Act of 1934 (NFA) firearms. These NFA firearms have extra regulations and controls. For example, unlike with “standard” firearms, NFA firearms (such as machine guns, silencers, etc.) are registered with the federal government and tracked from lawful owner to lawful owner – permission must be obtained prior to the transfer of these types of firearms and the ATF keeps a log of all currently registered NFA firearms.
Machine Gun Owners
Machine gun owners can’t be “prohibited persons.”
Well, to be more accurate, a “prohibit person” can’t lawfully possess a machine gun – ownership is irrelevant.
A “prohibit person” is a class of person defined under federal law who is not allowed to posses firearms nor ammunition (not just full-auto machine guns).
The category “prohibited person” includes anyone who:
- is a felon
- has been convicted of any crime punishable by more than a year in prison (whether or not they were ever sentenced to or served a day in prison)
- is under indictment for any crime punishable by more than a year in prison
- is a fugitive
- is an unlawful user of any controlled substance
- has been adjudicated as a mental defective
- has been committed to a mental institution
- is an illegal alien
- has a dishonorable discharge from the military
- has renounced their U.S. citizenship
- is the subject of a restraining order restraining the person from harassing, stalking, or threatening an intimate partner or the child of an intimate partner, or
- who has been convicted of a misdemeanor crime of domestic violence
There’s a few nuances that you might need to be aware of if you think that any of these apply to you – especially the “convicted of any crime punishable by more than a year,” “unlawful user of a controlled substance,” and “restraining order” provisions. If you’d like to learn more about these prohibited person categories, see Prohibited Persons / Firearm Possession.
Legal Machine Guns
In 1934, the National Firearms Act (NFA) was passed which restricted machine gun possession, among other types of firearms.
These “special” firearms received extra regulations because of the gang violence of the time. The Bureau of Alcohol, Tobacco, Firearms, and Explosive (ATF), then a part of the Dept. of Treasury, was able to regulate this special class of firearms by requiring registration and taxation prior to lawful possession.
At the time, a $200 federal tax was paid and an application was made for approval by the federal government. Once approved, the paperwork was returned with a $200 stamp showing that the tax was paid and the listed person/entity was the lawful possessor of the particular NFA firearm.
NFA Firearms Include:
- Full-auto Machine Guns
- Silencers
- Short Barreled Rifles (under 16″ barrels)
- Short Barreled Shotguns (under 18″ barrels)
- “Any Other Weapons” (AOW) (Pen guns, cane guns, etc.)
What is a machine gun?
Under federal law, a machine gun is a firearm that fires more than one bullet for every pull of the trigger.
One trigger pull + one bullet = standard firearm. One trigger pull + more than one bullet = full-auto / machine gun.
It is important to note that the speed at which a firearm can shoot is not relevant to the definition.
This is why a device, like a slide-fire stock, can be used to mimic full-auto fire without actually making a machine gun. This device allows the firearm to move rearward inside the stock under recoil (it “slides” upon “firing”) and it allows the shooter to keep their trigger-finger stationary. If the shooter then applied forward pressure on the firearm, then the firearm is allowed to slide forward after it recoils thereby pulling the trigger into the shooter’s stationary trigger-finger. This might look and sound like a machine gun, but it is still only one bullet per trigger pull. Devices like these also create sporadic sounding full-auto fire – they typically are not as consistent in their rate of fire as a machine gun is.
Also, semi-automatic is NOT the same as fully-automatic! Full-auto machine guns are very rare and almost never used in crimes. In fact most NFA firearms are only related to possession based crimes (person shouldn’t have possessed it wherever they were) and are rarely used in the commission of a crime. This is because NFA firearms are so expensive and the background check process is so thorough. Therefore an AR-15-style firearm is most likely NOT a machine gun. It COULD be one, but 99.9% of civilian owned AR-15-style rifles are semi-automatic only.
This ban on machine guns created a significant supply/demand price increase. Although it is perfectly legal for a law-abiding citizen to own a full-auto machine gun, it must be one made before 1986. This means that an AR-15-style machine gun made before 1986 likely carried a price tag of less than $1,000 when it was brand new. Now that it is over 30 years old, however, it can easily fetch a price of $14,000.
Compare that to a brand new machine gun which can still be found for around $1,000. Remember, though, if you want to possess these modern machine guns, you must be a government employee possessing the machine gun in connection with your official duties OR you must get your Federal Firearms License (FFL) and become an SOT.
As an FFL, you must also pay a special yearly tax to become a Special Occupational Taxpayer (SOT) – this allows you to purchase and sell NFA firearms (including machine guns) without paying a tax per item/transaction.
Machine Guns and State Law
Certain states can outright ban machine guns regardless of federal law.
The machine guns can be banned outright based on function (because they are machine guns) or they can be banned/partially-banned based on features. For example, some states ban “assault weapons” based on certain features – although these bans primarily restrict semi-auto firearms, most full-auto machine guns also have these banned features.
If you lawfully possess a machine gun in your home state, be VERY careful when you travel to ensure that you aren’t violating the state and/or local laws of wherever you’re traveling.
How to Own a Machine Gun
If you aren’t a “prohibited person” you can own a machine gun in one of two ways as a non-government/law enforcement officer:
- Purchase a pre-1986 machine gun (expensive and slow), or
- Become an FFL/SOT (cheap and fast).
How to Purchase a Machine Gun as an Individual:
- Confirm that they are lawful to possess in your state
- Find a currently registered machine gun made before 1986 either at a gun shop or a private individual. You can search locally or online (but out-of-state online sales of all firearms must go to your local gun shop).
- Purchase the machine gun as an individual or through a trust – but, no, you can’t take it home yet! Trusts were popular to avoid certain requirements (fingerprints, law enforcement approval, etc.) but ATF changed the rules last year. Previously, your local Chief Law Enforcement Officer (CLEO) approval was required but the ATF changed the rules last year to only require notification. Also, members of a trust could obtain new NFA firearms without fingerprints/photos but now every lawful possessor is required to submit them each time. These rule changes removed much of the reason to get a trust.
- Fill out an ATF Form 4 application to transfer an NFA firearm. This application will include a $200 check for your tax, your fingerprints, a passport-style photograph, and information about you and the firearm.
- Wait 9-12 months for the ATF to approve and return your paperwork.
- Take your machine-gun home and enjoy!
How to Purchase a Machine Gun as an FFL:
- Get your FFL and become an SOT.
- Either make your machine gun or purchase a machine gun (depends on the type of FFL you get).
- If you made it, submit an ATF Form 2 after it is made (no pre-approval required!). If you bought it, you must have an ATF Form 3 approved first (it should take less than 6 weeks and you don’t have to pay a transfer tax)
Getting an FFL and becoming an SOT is a lot easier than most people think.
For example, getting a manufacturer’s FFL out of a home is possible! Despite what many folks think/say, a home-based FFL is not only possible, it is the most common type of FFL currently! It is true that many folks have tried this and failed – they either live where it is strictly prohibited (e.g. apartment in New York City) or they tried to do it on their own without help (ahem…like using us).
If you become a dealer FFL, you can purchase NFA firearms on a Form 3 tax-free (because you already paid your SOT tax). Therefore, for $200 for the first 3 years (and $90 for each 3 years after) you can be an FFL gun dealer – even from your home! You can save money on guns and make money with guns (even sell them online). If you also become an SOT ($500 a year), you can also deal with NFA firearms.
And, if you have a manufacturer’s FFL, being an SOT will allow you to make as many machine guns as you like without permission from the government/ATF. You can get a manufacturer’s FFL for $150 for 3 years and you can be an SOT for $500 a year – clearly much cheaper than buying a pre-1986 machine gun. However, if you make them, there are other FFL fees. If you are just a dealer, however, those extra “making” fees don’t apply but you have to get permission prior to possession – at least you can still have brand new machine guns.
If you’re considering being an FFL, I hope that you check out our first step to making money with guns.
I look forward to having you in our industry,
Call me ignorant, but I don’t understand how an AR platform RIFLE is considered a machine gun. I think of the M249, the 240B, the M2 as machine guns.
A standard AR-15 rifle is not a machine gun. However, if it is a full-auto rifle, then it’s a machine gun.
Most people dont realize thete was a special machinegun amnesty act in either 66 or 68.
Alot of people who registered their automatic weapon then still own them without having to give the government shit
It was 1986 so you are off by a few decades… But other than the date your correct.. anyone who had a automatic weapon manufactured before 1986 was allowed to keep them after registering with the ATF… And they are transferable to this day with no more requirements than you would have buying a gun from a retail store… only caveat is a $200 tax stamp which is basically the transfer fee and a 9 to 12 month wait while they do the most extensive background check known to man…. OR you could pay a few hundred and get your FFL and then another couple for an SOT and then you can literally convert anything you own to full auto, or buy any post 86 automatic weapons, or even manufacture your own.
Glock 18, a machine pistol (machine gun). When it can fire more than just one round per trigger pull. That designation is not based on the wrapper of the weapon.
Exactly right. Even a Glock 17 can be converted to a machine gun.
Even the lowly Ruger 10/22 can be a machine gun. In fact, just about any semi-auto type before the laws changed in 1986 could be converted legally.
So if i have a pre 86 10/22 and covert it to full auto after getting my ffl that’s legal? That doesn’t seem to plausible….?
With the right type of FL/SOT (covered in our course), you can make brand new machine guns today (they don’t even need to be pre-86).
No Mike it doesn’t work like that, the gun had to be converted before the 86 automatic weapons ban, and then registered too… so they will know if the serial is ever run, that even though it is a pre 86 10/22 it wasn’t converted and registered before the ban. All the pre 86 select fire weapons are on a register, so they know exactly how many, what kind, and who owns them…
So then say in 10 years, you don’t renew your FFL…are you now in violation of the law, and will they seize your property?
If you have post-86 machine guns on your FFL, then you must transfer them to another FFL/government entity when you cease being an FFL
In your podcast about machine guns, you stated that with a type 7 FFL and becoming a SOT, a person could keep the NFA items they posses when they give up their FFL. What happens to that pile of lower receivers you’ve made into machine guns by drilling the 3rd hole once you give up your FFL?
NFA firearms, other than post-86 machine guns can be maintained. Those machine guns must be transferred to an authorized source – this includes other FFL/SOT and an LE letter isn’t required by them in this specific instance.
Hey Ryan, so are you saying if I make a machine and I no longer want to be FFL? I can’t keep my automatic weapon that I made for my own use?
Correct. Post-86 machine guns must be transferred upon surrendering your FFL/SOT status.
Was wondering it says military and law enforcement can own post 1986 Machine gun Or class III weapons. Is it talking about active duty boots on ground or reservist aswell
Neither, it means departments and authorized individuals inside departments to carry or maintain them.
I differ with your definition of what constitutes a machine gun. An automatic rifle capable of firing full auto is not a machine gun if it is magazine fed. A machine gun is belt fed. So, an M-60 firing one bullet at a time is not a machine gun even if it is belt fed.
That’s not what the law says.
That M-60 can fire one round at a time relaseing the trigger, if you hold it down it will cycle any rounds on the belt automatically therefore putting it into the machine gun class. That goes for any firearm that can duplicate this manner cycling ammunition.
It doesn’t matter how the bullets are fed into the chamber, what matters is how many bullets come out when you hold the trigger down, if it continues to feed the bullets as your trigger is held, it’s a fully automatic, machine gun. If you pull the trigger and hold it and only one bullet is fired until you release and then pull the trigger again, firing another single bullet, this is a semi-automatic, meaning it’s loads the next round but it will not fire it until you physically cycle the trigger. So, why are you confused with the difference between automatic(machine gun) and semi automatic single shot automatic reload.
Now that they are going to make Bump Stocks illegal to possess….can we pay the tax to the ATF in order to keep it, if they are classifying it a machine gun?
AR15s aren’t full auto [EXPLICATIVE REMOVED], they are SEMI auto, which means one pull of the trigger=One shot
Full auto is one pull of the trigger (if held down) = a bunch of shots
There are plenty of AR-15s that are full-auto machine guns – I have one from the factory and because I am an 07 FFL/ 02 SOT, I’m about to turn some AR-15s into machine guns. Just because an AR-style rifle is full-auto does not make it an M-4 nor an M-16.
Hi, I have two questions regarding the sample letters please. Do they have to be from a local law enforcement department? Second, do you have a sample letter they can use?
We cover this (and include a sample letter) in our ATF compliance course.
Sadly $50 a month is more than I can afford to spend right now.
Owning and selling full autos would be fun, and there are plenty of agencies who need them. My only question is, as a civilian who acquires his FFL/SOT, would it still be illegal for me to use the machine guns in my possession? Selling them aside, if I can’t use them to defend myself then it’s all for nothing.
Hi Michael! Please either listen to Ryan’s Trigger Words podcast – How to Own a Machine Gun or take his Get Your FFL course which walks you through topics such as this.
The article keeps saying “silencer”. It’s called a suppressor. Tons of people make this mistake but it’s important to get this term correct. A suppressor does not ‘silence’ the gun, it suppresses the speed of the bullet, the sound waves of the shot, and the flash of the gunpowder…. Which is why it must be called a suppressor.
Hey Jeremiah! Both terms can be used and Ryan tends to use the legal term, which is silencer. If you want his full explanation please feel free to check out this article he wrote – “Are Firearm Silencers (Suppressors) Legal?”
Of course, I agree with jackie. 🙂 Also, a silencer does NOT suppress the speed of the bullet. In fact, silencers usually increase the speed.
Glad you said it so I didn’t have to. Most people don’t realize you need to fir sub sonic ammunition as well to greatly decrease the sound when using a suppressor. Really no reason they are regulated besides ignorance caused by movies IMO.
Left many things out. what guns can be kept after liscense in given up? Pre post samples?
Correct – there’s a ton I’ve left out. This is just an article covering some information. By no means is this intended to be the complete summary of all laws and rules concerning full-auto firearms.
Very misleading article. You dont need to ask permission to purchase or sell automatic weapons. Absolutely ridiculous that you cant get hands on what you want.
To comply with federal law, yes, you need to ask and receive permission from the ATF to purchase or sell full auto firearms.
If you don’t want to be behind bars and loseing any chance of ever owning one legally you will do as asked by the ATF. LoL 😂
So if you become a SOT and and are required to make weapons, does this mean purchasing them and selling them? What does “making” the weapon entail?
It can be tricky – we discuss what constitutes “manufacturing” in our course.
Would it be easier to hire a lawyer inorder to become a SOT? Sounds like a lot of paperwork.
Hi Edward. Registering to become an SOT is fairly simple – you just fill out the one page registration form and send it in. The Become an SOT guide walks you through the process if you’d like assistance with it.
is an Ar-15 rightly considered an assault rifle? My opinion is that a true assault weapon is one that is fully automatic or can be switched to fully auto such as the m-16.
Assault rifle is a made up media term. Obvious all firearms are capable of being used for an assault. If I attack you with a pillow it’s an assault pillow lol. An AR-15 is a tool that has a use.
I inherited a old WW II fully automatic rifle, a Beretta 38/42 in great shape. How can I sell it legally?
Has it been properly registered as a machine gun? If not, there’s no legal way to transfer it.
Being a sheriff deputy would I legally have the ability to own a Colt M4 full auto 5.56×45 NATO for personal use not in connection with my duties as a deputy or police officer? Or would I have to go through my department to purchase the firearm? Does just being a law enforcement officer give me the ability to own full auto firearms made post 1986?
No, being a police officer does not give you any exemptions related to machine guns for personal use.
If I obtained all the proper licenses, could I drill the third hole in all those AK kit receivers I’ve built over the years, for my own use, install all the full auto parts supplied with them, and sell them for several thousand dollars each? Passing the course and the backround check is not an issue.
Yes, as an 07/02, you could covert them into machine guns and sell them. However, as mew machine guns, you can only sell them to Government/LE.
Govt/ LE only? Most have mid 60’s dates on the front trunions.
You’ll be making new machine-guns.
Of course, we know you didn’t *really* keep the parts which could produce automatic fire… we know that you really destroyed them or threw them in the trash – otherwise, you’d have run afoul of the ATF’S “constructive possession” red tape that says if you are in possession of (A) parts that are capable of making the weapon fire automatically, and (B) the weapon they go to, whether or not they are installed in the weapon (and whether or not the semi-auto receiver has been modified to accept those parts), you are already in possession of an illegal machine gun. I sh*t you not. The ATF says you “constructively” possess a machine gun, because you could ‘construct’ one out of the parts you have in your ‘possession’. Is it stupid? Absolutely. Is it any less illegal? Absolutely not. I’m just saying.
Is the difference between Pre-1986 and Manufactured-or-Bought as an FFL automatic firearms that the first is owned by a private person and the second can only be owned by a registered company?
No. It all comes down to when the firearm was made. Converting a firearm into a machine gun is technically making a new firearm. Therefore, a 1950’s firearm made into a machine gun today would be a post-1986 machine-gun.
Are full auto air rifles restricted under the FFA? And if partially so is there a specific caliber/velocity restriction?
Under American federal law, air rifles are not firearms.