How to Obtain a License for Fully Automatic Firearms
Obtaining a license for fully automatic firearms in the United States is a complex and rigorous process, significantly more demanding than obtaining a license for standard firearms. It's crucial to understand that the legality and specifics vary significantly by state and local regulations, in addition to federal laws. This information is for general understanding and should not be considered legal advice. Always consult with a qualified attorney and relevant regulatory bodies in your specific jurisdiction before attempting to acquire any fully automatic firearm.
Federal Regulations: The National Firearms Act (NFA)
The foundation of fully automatic firearm regulation lies in the National Firearms Act (NFA) of 1934. This act requires registration and licensing for various items, including:
- Machine guns: Any firearm capable of firing multiple shots with a single trigger pull.
- Short-barreled rifles (SBRs): Rifles with barrels shorter than 16 inches.
- Short-barreled shotguns (SBSs): Shotguns with barrels shorter than 18 inches.
- Silencers/suppressors: Devices designed to reduce the sound of gunfire.
- Destructive devices: Includes items like grenades, bombs, and certain types of explosive ordnance.
To legally possess a machine gun, you must navigate a multi-step process:
1. Application Process: You'll need to complete ATF Form 1 (for making your own NFA item) or ATF Form 4 (for acquiring a machine gun from a licensed dealer). These forms require extensive personal information, including fingerprints and photographs.
2. Background Check: The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducts a thorough background check, scrutinizing your history for any disqualifying factors. This includes criminal history, mental health records, and drug usage. The waiting period can be extensive.
3. Tax Stamp: A significant tax is levied on the transfer of NFA items. This tax is non-refundable. The payment of this tax is a critical component of the legal ownership process.
4. Waiting Period: Expect a considerable waiting period, often several months, for the ATF to process your application and approve your transfer.
5. Storage and Transportation: Fully automatic firearms are subject to stringent storage and transportation requirements. Failure to comply can result in serious legal consequences.
State and Local Laws:
It's essential to research your state and local laws regarding the ownership of fully automatic firearms. Some states have stricter regulations than the federal government, potentially prohibiting the ownership of machine guns altogether. Even within a state, local ordinances might impose additional restrictions.
Things that could disqualify you:
Numerous factors can disqualify you from obtaining a license for fully automatic firearms. These include but are not limited to:
- Felony convictions: Past felony convictions are a significant impediment.
- Domestic violence convictions: A history of domestic violence is another common disqualifier.
- Certain mental health adjudications: Court-ordered mental health commitments can prevent you from owning firearms.
- Drug-related offenses: Depending on the severity and recency of the offense, drug convictions can lead to disqualification.
- Dishonorable discharge from the military: A dishonorable discharge from the military services generally disqualifies you from firearm ownership.
Disclaimer: This information is for educational purposes only. It is not a substitute for legal advice. The process of acquiring a license for fully automatic firearms is complex and subject to change. Consult a qualified attorney specializing in firearms law and the relevant regulatory authorities in your jurisdiction for accurate and up-to-date information. Failure to comply with all applicable laws can lead to severe legal penalties, including hefty fines and imprisonment.
