Can I Buy a Fully Automatic Weapon in the US? Navigating the Complexities of NFA Firearms
The short answer is: it's extremely difficult and heavily regulated. While you can technically own a fully automatic weapon in the United States, purchasing one is far from a simple transaction. The process is governed by the National Firearms Act (NFA) of 1934, a law designed to control the manufacture, transfer, and possession of certain types of firearms considered particularly dangerous. Fully automatic weapons fall squarely into this category.
Here's a breakdown of the significant hurdles involved:
The National Firearms Act (NFA) and its Impact
The NFA imposes stringent regulations on various firearms, including:
- Machine guns (fully automatic weapons): These are subject to a comprehensive registration and licensing process.
- Short-barreled rifles (SBRs) and shotguns (SBSs): These are also regulated under the NFA.
- Silencers/suppressors: These devices significantly reduce the sound of gunfire and require NFA registration.
- Destructive devices: This category includes items like grenades, bombs, and certain types of explosive ordnance.
For fully automatic weapons, the NFA mandates several steps before ownership is even considered:
The Process of Acquiring a Fully Automatic Weapon
-
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Application: You must first submit an application to the ATF, providing extensive personal information, fingerprints, and photographs. This application undergoes a thorough background check, often taking months or even years to process.
-
$200 Tax Stamp: A significant tax of $200 is levied on each NFA item. This fee is non-refundable, regardless of the ATF's decision.
-
Background Check: The ATF conducts a rigorous background check, examining your criminal history, mental health records, and overall suitability to possess such a weapon. Any past violations or red flags can result in immediate rejection.
-
Waiting Period: Even with an approved application and paid tax stamp, there's a significant waiting period before the firearm can be transferred to your possession.
-
Registered Firearms Only: Crucially, you can only legally purchase fully automatic weapons that have already been registered with the ATF. This means acquiring a pre-1986 machine gun, as new fully automatic weapons for civilian ownership are almost entirely prohibited.
The High Cost and Limited Availability
Beyond the legal hurdles, the cost of registered fully automatic weapons is exceptionally high. Rarity and demand significantly inflate prices, making these firearms inaccessible to most prospective buyers. They are not commonly found in typical gun stores. Specialized dealers handling NFA items are few and far between.
Conclusion: A Difficult and Regulated Path
Purchasing a fully automatic weapon in the US is a complex, time-consuming, and costly process. The NFA's regulations aim to control the spread of these powerful weapons, and the legal hurdles reflect that goal. Before even considering such a purchase, thorough research and consultation with an experienced firearms attorney specializing in NFA regulations is strongly recommended. Failure to comply with the law can result in severe penalties, including hefty fines and imprisonment.