How to Legally Own a Machine Gun Made After 1986: A Guide to Navigating the Complexities of NFA Firearms
Owning a machine gun, especially one manufactured after 1986, is a significantly more complex undertaking than owning a standard firearm. The process is heavily regulated and requires navigating a labyrinthine set of federal laws and regulations. This guide provides an overview of the legal pathways, but it's crucial to consult with a qualified firearms attorney and thoroughly research your state's specific laws before attempting to acquire any NFA (National Firearms Act) item.
The 1986 Hughes Amendment: A Key Turning Point
The pivotal point in understanding machine gun ownership lies in the Hughes Amendment of 1986. This amendment to the Firearm Owners Protection Act effectively banned the manufacture and sale of new machine guns for civilian ownership in the United States. This means that legally acquiring a post-1986 machine gun is virtually impossible.
So, How Can You Potentially Own One?
The only realistic way to legally own a machine gun made after 1986 is through extremely rare and specific circumstances:
- Registration Errors/Oversights: While highly unlikely, there might be exceedingly rare instances where a machine gun manufactured after 1986 was incorrectly registered before the amendment's enactment. These situations are exceptionally uncommon and would require extensive legal verification. This is not a practical pathway to pursue.
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Approval for Specific Purposes: Some individuals, such as licensed collectors or those with specific law enforcement needs, might, under extremely limited circumstances, receive ATF approval for possession of a post-1986 machine gun. This process is extraordinarily difficult, highly regulated, and requires an impeccable record and justification.
Focusing on Pre-1986 Machine Guns: The More Realistic Path
While acquiring a post-1986 machine gun is almost impossible, obtaining a pre-1986 machine gun is achievable, though still highly regulated. This involves:
- Purchasing through a Licensed Dealer: You must purchase through a licensed dealer specializing in NFA firearms. These dealers are rigorously vetted by the ATF and are knowledgeable about the regulations.
- Completing a Form 4 Application: This ATF form is crucial for registering the machine gun with the government. The process includes a background check and a significant waiting period (often several months).
- Paying a Tax Stamp: A substantial tax stamp is required for the transfer and registration of the machine gun.
- Storage and Transportation Regulations: Strict rules govern how you store and transport your registered machine gun, including specific storage requirements and the need for proper documentation when transporting it.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. The complexities of NFA firearms regulations are significant. It is essential to consult with a legal professional specializing in firearms law before attempting to purchase or possess any NFA item. Improper handling of NFA firearms can lead to severe legal penalties, including substantial fines and imprisonment.
Key Considerations:
- State Laws: Beyond federal regulations, always research and understand your state's laws regarding NFA firearms. Some states may have stricter regulations than the federal government.
- Cost: The cost of legally acquiring a pre-1986 machine gun, including the tax stamp and associated legal fees, is substantial.
- Responsibility: Owning an NFA firearm carries a significant level of responsibility. You must understand and adhere to all storage, transportation, and handling regulations to avoid legal repercussions.
The legal ownership of machine guns is a complex and highly regulated area. Thorough research and legal counsel are paramount before engaging in any actions related to the acquisition or ownership of these firearms.
