Introduction
The allure of a full auto gun, capable of unleashing a torrent of bullets with a single trigger pull, is undeniable. For many, it represents the pinnacle of firearm ownership, a symbol of power and precision. However, this coveted status is heavily regulated. The path to owning a full auto gun, where legal, is paved with complex laws, bureaucratic hurdles, and significant financial investment. This article aims to provide a comprehensive guide, navigating the intricate legal landscape surrounding these firearms, offering insight into the acquisition process, and emphasizing the vital importance of responsible gun ownership. It’s crucial to understand that this information is for educational purposes only and does not constitute legal advice. Gun laws vary widely; consulting legal professionals and thoroughly researching your local regulations is paramount before pursuing any acquisition. The goal is to empower readers with knowledge, not to endorse or encourage any illegal activities.
Understanding the Legal Landscape
The legal terrain surrounding full auto guns is far from straightforward. Understanding the nuances of federal, state, and local laws is the foundation of any attempt to legally acquire one.
Navigating Federal Regulations
The federal government has a significant hand in regulating full auto guns. The National Firearms Act (NFA) of 1934 laid the groundwork, imposing stringent requirements for registration and taxation of specific firearms, including machine guns. The Gun Control Act of 1968 further tightened regulations, establishing licensing requirements for manufacturers, dealers, and importers, and generally aimed to restrict firearm access to those with criminal records or those deemed unsuitable to possess a firearm.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) plays a central role in enforcing these regulations. The ATF oversees the registration process, conducts background checks, and inspects licensed dealers to ensure compliance. They are the primary agency involved in all aspects of full auto gun ownership, from approving transfers to investigating violations.
A critical element of federal law is the registration and taxation process. If you are eligible and a full auto gun is legal in your area, you will need to pay a tax, file paperwork, and go through extensive background checks.
State and Local Laws: A Mosaic of Restrictions
Perhaps the most challenging aspect of understanding full auto gun ownership is the extreme variation in state and local laws. Some jurisdictions, such as California and New York, effectively prohibit civilian ownership of full auto guns. Others, such as Arizona and Texas, are far more permissive. This patchwork of regulations creates significant complexity.
States like Illinois and Massachusetts have stringent requirements. They will require additional permits beyond the federal requirements. Conversely, states like Florida, while having their own requirements, do generally permit legal ownership.
The key takeaway is that what is legal in one location may be a felony in another. It’s essential to research your specific state, county, and city laws thoroughly. Your research must go beyond general online searches. Consult local ordinances and, ideally, legal professionals familiar with gun laws in your area. Ignorance of the law is not a defense.
Specific Considerations: Unpacking the Definitions
To navigate this legal maze, understanding several key terms is vital.
Class Three Firearms: In the firearms world, the term “Class 3” often refers to firearms regulated under the NFA, which includes full auto guns, short-barreled rifles and shotguns, and suppressors (silencers). Owning these firearms requires complying with specific regulations and working with a licensed Class 3 dealer.
Pre-1986 Machine Guns: This refers to machine guns manufactured before May 19, 1986. This date is critical due to the Hughes Amendment, which is explained next. These “pre-86” machine guns are the only type generally available for civilian ownership.
The Hughes Amendment: A significant piece of legislation passed in 1986, the Hughes Amendment generally prohibited the civilian manufacture and transfer of machine guns made after May 19, 1986. This effectively closed the market for new machine guns for civilian ownership, driving up the price of the existing supply of pre-86 guns. This is why the ones available now are much older and have a higher value.
Ownership by Civilians, FFL Holders, and Other Legal Entities: While the Hughes Amendment significantly restricted the availability of new machine guns, the law still allows for their ownership by individuals who meet the legal requirements, FFL (Federal Firearms License) holders, and certain other legal entities. However, the stringent requirements for each vary. Owning as an individual is complex, whereas FFL holders may have more access.
The Acquisition Process: A Step-by-Step Guide
Assuming that full auto gun ownership is legal in your jurisdiction, the process involves several critical steps.
Prerequisites: Ensuring Eligibility
Before you can even begin the acquisition process, you must meet several prerequisites.
Age Restrictions: You must typically be at least 21 years old to purchase a full auto gun from a licensed dealer.
Background Checks: Extensive background checks, including a National Instant Criminal Background Check System (NICS) check, are mandatory. The ATF thoroughly investigates your background.
Local Permits and Licenses: Some jurisdictions require additional permits or licenses beyond the federal requirements. Confirm what your local area requires.
Disqualifying Factors: You must not have a criminal record, have any existing restraining orders, or be otherwise legally prohibited from owning a firearm.
Finding a Class Three Dealer
The next essential step is finding a licensed Class 3 dealer, also known as a dealer with a Special Occupational Taxpayer (SOT) license.
Special Occupational Taxpayer (SOT): This is a license issued by the ATF that allows dealers to legally sell and transfer NFA-regulated firearms.
Finding a Reputable Dealer: Research dealers in your area. Online directories like the ATF’s website can help. Look for dealers with positive reviews, a solid reputation, and experience with the NFA process.
Building a Relationship: Establish a good relationship with the dealer. This person will guide you through the process and provide invaluable support. Choose a dealer you trust and feel comfortable with.
The ATF Form Process
Once you’ve identified a dealer, the next step is the ATF Form process. This is the legal paperwork to get a full auto gun.
Filling Out Form: You and the dealer will fill out ATF Form 4 (Application for Tax Paid Transfer and Registration of Firearm). This form requires detailed information about the firearm, the buyer, and the transfer.
Fingerprinting Requirements: You must provide fingerprints as part of the application. The dealer can often assist with this.
Photograph Requirements: You must provide passport-style photographs with your application.
The Dealer’s Role: The dealer facilitates the entire process. They submit the form to the ATF and serve as a crucial point of contact throughout the process.
The Waiting Period: Be prepared for a long waiting period. The ATF process takes many months, sometimes a year or more, to complete the background checks and approve the transfer.
Paying the Tax Stamp: A $200 tax stamp is required for each transfer. This tax is paid to the federal government.
Acquiring Pre Machine Guns
The market for pre-1986 machine guns is limited, which means that the cost is typically very high.
Limited Availability and High Cost: Due to the Hughes Amendment, the supply is limited, driving up prices. Be prepared for a substantial financial commitment.
The Role of Collectors and the Secondary Market: These firearms are often traded among collectors and through the secondary market. Research reputable dealers and auction houses that specialize in NFA firearms.
Safe and Legitimate Transactions: Be extremely cautious when buying a machine gun on the secondary market. Verify the firearm’s registration and history, and ensure that all transfers are conducted through a licensed dealer. Never engage in a private sale without involving a licensed dealer and following all federal and state regulations.
Alternative Options and Considerations
Even if full auto guns are out of reach due to legal restrictions or financial constraints, other options are available.
Semi Automatic Firearms
Semi-automatic firearms offer a good alternative and are more readily available. They load a new round into the chamber automatically, but the trigger must be pulled for each shot. Many types of semi-automatic firearms are legal to own.
Restricted Weapons
Besides full auto guns, other restricted weapons are regulated under the NFA. This includes short-barreled rifles and shotguns. These require compliance with NFA regulations, the $200 tax stamp, and the Form application process.
Legal and Ethical Responsibilities
Owning any firearm, including a full auto gun (where legal), carries significant responsibility.
The Responsibility of Gun Ownership: Treat every firearm with respect and responsibility.
Safe Storage and Handling: Store all firearms securely, away from unauthorized access, including children. Learn proper gun-handling techniques.
Training and Education: Participate in firearm safety courses and seek professional instruction. Become proficient in the safe operation of your firearms.
The Future of Gun Laws
Gun laws are constantly evolving. New legislation and court decisions can impact firearm ownership.
Staying Informed: Stay informed about any legislative developments that could affect your rights. Follow reputable sources and legal experts for up-to-date information.
Conclusion
Acquiring a full auto gun is a complex undertaking. From navigating the intricate legal landscape to understanding the specific requirements, it’s a journey that demands thorough research, meticulous attention to detail, and a commitment to legal and ethical firearm ownership. The legal restrictions surrounding full auto guns underscore the importance of responsible gun ownership. Always prioritize safety, seek expert guidance, and adhere to all applicable laws. Responsible gun owners are essential to preserving the right to own firearms. With this knowledge, you can move forward responsibly and safely. Be certain to seek the counsel of a qualified attorney specializing in firearms law for definitive legal guidance.
