The Legal Landscape
Federal Regulations: A Historical Perspective
The primary federal law that controls full auto guns is the National Firearms Act (NFA) of 1934. This legislation was a direct response to the rise of organized crime during the Prohibition era. The NFA placed significant restrictions on the sale, possession, and transfer of certain types of firearms, including machine guns, which is the more common term used for full auto guns. This law mandated registration, imposed a tax on transfers, and strictly controlled who could legally own these weapons. The NFA, amended over the years, remains the foundation of federal gun regulation, and it is the key to legally owning a full auto gun.
Defining a Machine Gun under Federal Law
Understanding the legal definition of a “machine gun” is critical. Under federal law, a machine gun is any weapon that automatically fires more than one shot by a single function of the trigger. This definition also includes any part designed to convert a weapon into a machine gun. This definition is extremely broad, and it includes converted semi-automatic firearms as well as factory-made full auto firearms.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
The ATF is the federal agency tasked with enforcing the NFA and related firearms laws. The ATF reviews applications, conducts background checks, and regulates the transfer of these firearms. Any legal acquisition or transfer of a full auto gun requires direct interaction with the ATF. Navigating the ATF’s processes requires precision and attention to detail, as mistakes can lead to delays or even denial of applications.
Proper Registration is Non-Negotiable
The registration process with the ATF is a mandatory requirement. Any individual intending to own a full auto gun must register it. This registration is part of the transfer process and provides a crucial record for the ATF. Failure to register a full auto gun can lead to severe criminal penalties.
State and Local Laws
Examples of Varying State Laws
Some states have imposed outright bans on the ownership of full auto guns, effectively making it illegal for private citizens to own them. These bans often have historical roots or are the result of political considerations. Conversely, other states may permit ownership with few restrictions, allowing ownership as long as federal requirements are met.
The Potential for Local Ordinances
Beyond state laws, local jurisdictions (cities, counties) can also enact ordinances that further restrict firearm ownership. These local laws can add additional hurdles to the process, such as requiring additional permits or imposing specific storage requirements. The interplay of federal, state, and local laws can create a complex regulatory landscape.
The Registration and Transfer Process: A Detailed Examination
Finding a Transferable Full Auto Gun
Due to the Hughes Amendment of 1986, the availability of transferable full auto guns is extremely limited. This amendment effectively shut down the manufacture of new machine guns for civilian ownership. Consequently, the supply is restricted to those firearms that were legally registered before the amendment. The market is therefore a seller’s market.
The concept of Transferability
The term “transferable” is a key concept. Only full auto guns that were lawfully registered before the Hughes Amendment are generally eligible for transfer to private citizens. This scarcity contributes to their elevated value.
Where to Find Full Auto Guns
The search for a transferable full auto gun often involves specialized venues. Gun shows, online marketplaces, and reputable dealers who specialize in NFA firearms are common points of access. Thorough due diligence and a degree of patience are essential to locate a suitable firearm.
Verifying a Gun’s Registration
Before attempting to purchase any full auto gun, it is vital to verify that it is properly registered with the ATF. Any potential buyer should conduct a diligent check. Reputable dealers or experienced buyers can help with this process, but ultimately, the responsibility falls on the purchaser.
The ATF Form 4: Your Application for Transfer
The ATF Form 4 is the cornerstone of the transfer process. This form is used to apply for the transfer of a registered firearm. The form is detailed and requires accurate completion. Any errors or omissions can significantly delay the approval process.
Completing the Form Accurately
Every section of the ATF Form 4 must be filled out correctly. This includes providing personal information, details about the firearm being transferred, and the tax stamp amount. Ensure all information is accurate and that you follow the instructions on the form precisely.
Fingerprints and Photographs
As part of the application, you must provide fingerprints and photographs. These are used for background checks and to help verify your identity. The requirements for these elements must be followed to the letter.
The Background Check Process
The ATF, in coordination with the FBI, conducts a thorough background check on all applicants. This background check verifies the eligibility of the applicant under federal law, including factors such as criminal history. The background check aims to ensure that only law-abiding citizens have access to these firearms.
The Role of a Chief Law Enforcement Officer (CLEO)
The CLEO, typically the local sheriff or chief of police, will receive a copy of the ATF Form 4. CLEO notification is part of the process; however, the CLEO is not required to sign or approve the application.
Payment of the Tax Stamp
The federal government imposes a $200 tax stamp on the transfer of each full auto gun. This tax is a fixed amount.
The Tax Stamp Payment
You must pay the $200 tax stamp when you submit your application. Payment methods and the processing of the tax stamp are clearly outlined by the ATF. Ensure your payment is made correctly to avoid delays.
The Waiting Period: Patience is Key
After submitting the application and paying the tax stamp, a waiting period is required while the ATF processes the application and conducts its background checks. This waiting period can be lengthy and is a common point of frustration for applicants.
Typical Waiting Times
Waiting times can vary, often ranging from several months to a year or more. The ATF’s workload and the complexity of background checks can influence the timing. Patience is a necessity.
Factors that Affect Processing Time
Several factors can impact processing time, including the ATF’s current workload, the completeness and accuracy of the application, and the complexity of the background check. Preparing your application carefully and avoiding mistakes can help.
Receiving the Approved Form 4
The culmination of the transfer process is the approval of the ATF Form 4. This signifies that the firearm is legally transferred into your possession.
What to Expect Upon Approval
Upon approval, you will receive the official ATF Form 4, which serves as proof of ownership. You are now the legal owner of the full auto gun.
Requirements for Storage
Proper storage of the firearm is now your legal responsibility. This must be done in accordance with all federal, state, and local laws.
Prerequisites and Requirements
Eligibility: Who Can Own a Full Auto Gun
The law imposes certain eligibility requirements. These requirements help ensure that only individuals deemed suitable for owning a firearm are able to legally acquire one.
Age Requirements
You must be at least 18 years of age to receive a full auto gun. However, some states have higher minimum ages.
Background Check Requirements
You must pass a federal background check, which looks at things such as criminal convictions, mental health history, and domestic violence restraining orders.
Mental Health History
Individuals with specific mental health conditions or a history of mental health treatment may be ineligible. If you have any concerns, you may want to consult with an attorney.
Financial Considerations
The High Cost of Full Auto Guns
Full auto guns often sell for tens of thousands of dollars, reflecting their limited supply. This is often the most significant financial barrier.
Additional Expenses
Beyond the purchase price, there are other expenses, including ammunition costs, maintenance, and insurance. The cost can rise.
Safe Storage and Handling
Secure Storage Options
You must securely store full auto guns to prevent unauthorized access. This includes the use of safes, vaults, and other secure storage options.
Safety Rules
Adhere to all safety rules, including treating every firearm as if it’s loaded and never pointing a firearm at anything you do not intend to shoot.
Consequences of Misuse or Improper Storage
Failure to comply with storage requirements or misuse of the firearm can result in serious legal consequences. Ensure you understand your legal and ethical responsibilities.
Owning and Maintaining a Full Auto Gun
Proper Cleaning and Maintenance
Regular cleaning is vital to the firearm’s longevity and reliable function. It is particularly important for full auto guns, as their high rate of fire can subject them to significant stress.
Specialized Cleaning Procedures
Full auto guns may require specialized cleaning procedures, including the use of specific tools and lubricants.
Where to Get Specialized Parts or Services
You may need to seek professional gunsmithing services. It can be helpful to find a gunsmith with experience working with full auto guns.
Ammunition and Accessories
Finding and Buying Ammunition
Finding the correct ammunition and making sure you buy it legally are essential.
Legal Implications of Aftermarket Accessories
Make sure all aftermarket accessories you choose comply with federal, state, and local laws.
Training and Proficiency
The Importance of Training
Training with full auto guns is highly recommended. Seek instruction from qualified instructors who have experience with these firearms.
Where to Find Training Courses
Look for courses from reputable firearms instructors who specialize in advanced weapons training.
Potential Risks and Considerations
Legal Risks: Understanding the Consequences
Failure to comply with any law can lead to serious legal consequences. Your legal obligations are paramount.
Penalties for Violating Regulations
If you violate any laws, you face legal penalties that include fines, imprisonment, and the forfeiture of your firearms.
Ethical Considerations
Responsibility of Owning a Dangerous Weapon
Recognize that you are in possession of a dangerous weapon and you must respect that fact.
Avoiding Dangerous or Reckless Behavior
Always handle the firearm responsibly, and avoid any behavior that could endanger yourself or others.
Conclusion
Owning a full auto gun is a significant undertaking. It requires a thorough understanding of the law, a commitment to responsible ownership, and a willingness to invest time and resources.
