Machine gun possession carries severe federal penalties, with violations potentially resulting in up to 10 years in prison and substantial fines. The penalty for possession of a machine gun varies significantly depending on federal registration status and state jurisdiction.

We at Law Offices of Scott B. Saul regularly handle complex firearms cases involving automatic weapons charges. Understanding these intricate laws can mean the difference between legal ownership and serious criminal charges.

What Federal Laws Control Machine Gun Ownership

The National Firearms Act of 1934 established the foundation for machine gun regulation through a $200 tax and mandatory registration system. This law defined machine guns as weapons capable of automatic fire (more than one round per trigger pull) and required all transfers to go through the Treasury Department. The $200 tax in 1934 equals approximately $4,400 today, which created a significant financial barrier that limited civilian access to automatic weapons.

The 1986 Manufacturing Prohibition Changed Everything

The Firearm Owners Protection Act of 1986 fundamentally altered machine gun ownership when it prohibited civilian possession of any machine gun manufactured after May 19, 1986. This cutoff date created a finite supply of legally transferable machine guns that collectors registered before the deadline. Prices for pre-1986 machine guns now exceed $15,000 for basic models, with some rare automatic weapons that sell for over $40,000. The law includes specific exceptions for government agencies and law enforcement, but these exceptions do not extend to private security companies or individual collectors.

ATF Controls Every Transfer and Registration

The Bureau of Alcohol, Tobacco, Firearms and Explosives requires Form 4 applications for all machine gun transfers, with current wait times that average 9 to 12 months. Applicants must submit fingerprints, photographs, and undergo extensive background checks that include local law enforcement notification. The ATF maintains the National Firearms Registration and Transfer Record, which contains detailed information on every legally registered machine gun. Transfer applications require approval from the ATF before any possession or transportation occurs, and violations carry federal penalties of up to 10 years imprisonment and $250,000 in fines.

State Laws Add Another Layer of Complexity

While federal law sets the baseline for machine gun regulation, individual states impose their own restrictions that often exceed federal requirements. Some states completely prohibit civilian machine gun ownership regardless of federal registration status.

State Laws and Variations Across Jurisdictions

States with Complete Machine Gun Prohibitions

Several states maintain absolute prohibitions on civilian machine gun possession, regardless of federal registration status or pre-1986 manufacture dates. California, Connecticut, Hawaii, Illinois, Iowa, Massachusetts, New Jersey, New York, Rhode Island, Washington, and the District of Columbia enforce complete bans that override federal allowances for registered automatic weapons. These jurisdictions treat any machine gun possession as a felony offense, with penalties that vary significantly depending on the specific state.

States That Allow Pre-1986 Registered Machine Guns

Thirty-nine states permit civilians to own properly registered pre-1986 machine guns that comply with federal NFA requirements. States like Texas, Florida, and Nevada maintain the most permissive approaches and allow transfers with minimal additional state-level restrictions beyond federal requirements. However, states such as Maryland and Delaware impose additional license requirements, mandatory storage regulations, and enhanced background checks that can extend the already lengthy federal approval process.

Some states require local law enforcement sign-off or impose residency requirements that effectively limit out-of-state purchases. These additional state requirements create complex compliance challenges for gun owners who move between jurisdictions or travel with registered weapons.

Enforcement Penalties Vary Dramatically Across States

State penalties for illegal machine gun possession create a patchwork of consequences that can shock defendants. New Jersey imposes penalties for unlawful firearm possession, while states like Montana may treat first-time violations as misdemeanors with fines under $1,000. Federal prosecutors often coordinate with state authorities to pursue the harshest available charges and frequently result in dual prosecutions that compound penalties significantly.

The variation in state enforcement creates particular risks for travelers who may legally possess machine guns in their home state but face serious criminal charges when they cross state lines. These complex jurisdictional issues highlight why certain individuals and organizations receive special exemptions from standard machine gun restrictions.

Who Gets Exemptions From Machine Gun Laws

Federal law creates specific exemptions that allow certain entities to possess machine guns manufactured after 1986, though these exceptions remain tightly controlled and heavily regulated.

Law Enforcement and Military Exemptions

Law enforcement agencies at federal, state, and local levels can acquire post-1986 machine guns for official duties, but departments must demonstrate legitimate need and maintain strict inventory controls. Military units receive broad exemptions for training and operational purposes, though service members face court-martial proceedings for unauthorized possession or transfer of automatic weapons.

The ATF requires detailed documentation for all law enforcement acquisitions, including serial number tracking and annual inventory reports that account for every automatic weapon. Departments must justify each purchase through operational necessity documentation and maintain chain-of-custody records that track weapons from acquisition through disposal.

Federal Firearms License Holders Face Complex Requirements

Special Occupational Taxpayers who hold Class 3 Federal Firearms Licenses can manufacture, import, and deal in machine guns for government sales, but these licenses require annual tax payments of either $500 or $1,000 to the ATF and extensive oversight. SOT dealers cannot sell post-1986 machine guns to civilians under any circumstances, though they may demonstrate weapons to potential law enforcement buyers.

These dealers must maintain detailed records of all transactions, submit to regular ATF inspections, and comply with strict storage requirements that include vault specifications and alarm systems. Violations of SOT requirements result in immediate license revocation and potential federal prosecution.

Educational and Historical Display Purposes

Museums and educational institutions can obtain machine guns for historical displays through ATF approval processes that require detailed security plans, insurance documentation, and regular inspections. The ATF maintains strict standards for legitimate historical displays that include public access requirements and educational programming.

Private collectors who attempt to circumvent these restrictions through fake educational purposes face federal prosecution with penalties up to 10 years imprisonment. Legitimate educational exemptions require proof of nonprofit status, detailed exhibition plans, and compliance with local zoning laws that govern public access facilities.

Final Thoughts

Machine gun possession remains one of the most heavily regulated areas of firearms law, with federal restrictions that date back to 1934 and the complete civilian manufacturing ban since 1986. The penalty for possession of a machine gun can reach 10 years in federal prison, which makes compliance with both federal and state regulations absolutely essential for anyone who considers ownership of these weapons. State laws create additional complexity, with eleven states that maintain complete prohibitions regardless of federal registration status.

The intersection of federal NFA requirements, state prohibitions, and local enforcement creates a legal minefield where even well-intentioned gun owners can face serious criminal charges. The remaining states allow pre-1986 registered machine guns but often impose their own license requirements, storage regulations, and transfer restrictions that extend beyond federal mandates. These complex jurisdictional variations (combined with severe federal penalties) demand experienced legal representation from attorneys who understand both federal firearms law and state-specific regulations.

We at Law Offices of Scott B. Saul handle complex firearms cases that involve automatic weapons charges. Our background as former prosecutors provides unique insights into how these cases develop and the most effective defense strategies. If you face machine gun possession charges or need guidance on firearms compliance, contact our experienced criminal defense team for a comprehensive consultation.