Are Fully Automatic Weapons Banned in the US?

Fully automatic weapons are legal to own in the US under federal law, but only if the specific firearm was manufactured and registered before May 19, 1986. Every transfer since then requires a $200 federal tax, a fingerprint-based background check, and individual approval from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The civilian supply is permanently frozen at roughly 234,000 transferable machine guns, so prices sit firmly in the tens of thousands of dollars, and about a third of states ban civilian ownership outright regardless of federal approval.

What Federal Law Counts as a Machine Gun

Under the National Firearms Act of 1934 (NFA), a machine gun is any weapon that fires more than one round automatically with a single pull of the trigger.1Office of the Law Revision Counsel. 26 U.S. Code 5845 – Definitions The definition reaches further than the complete firearm. It also covers:

  • The frame or receiver of any weapon meeting that description, even when separated from the rest of the gun.
  • Any single part designed exclusively to convert a semi-automatic weapon to fully automatic fire.
  • Any combination of parts in your possession that could be assembled into a machine gun.

You don’t need a working weapon to face federal charges. Possessing the right set of conversion components is enough, and small aftermarket devices like auto sears fall under the same definition on their own.

The 1986 Supply Freeze

The NFA never banned machine guns. It set up a registration and tax system meant to discourage transfers.2Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). National Firearms Act (NFA) That framework stood for fifty years.

Then in 1986, Congress passed the Firearm Owners’ Protection Act, which included the Hughes Amendment. The amendment made it illegal for any civilian to possess or transfer a machine gun manufactured or registered after May 19, 1986. Government agencies are exempt, and machine guns lawfully possessed before that date can still change hands.3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts As of mid-2025, the ATF’s National Firearms Registration and Transfer Record lists approximately 234,718 machine guns transferable between private individuals.4Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Data and Statistics Nothing added since then can be sold to a civilian, and nothing new ever will be.

How a Legal Purchase Actually Works

Buying a transferable machine gun doesn’t resemble buying an ordinary firearm. Most sales run through a dealer holding a Class 3 Special Occupational Tax (SOT) designation. These dealers specialize in NFA-regulated firearms and pay a $500 annual federal tax to deal in them.5Bureau of Alcohol, Tobacco, Firearms and Explosives. Special Tax Registration and Return – National Firearms Act Private-to-private transfers are technically allowed, but the inventory and expertise sit with SOT dealers.

Once you’ve identified a firearm, the transfer requires ATF approval through Form 4, the Application for Tax Paid Transfer and Registration of Firearm. The application must include your fingerprints and a photograph along with your identifying information.6Office of the Law Revision Counsel. 26 U.S. Code 5812 – Transfers In practice, that means two FBI fingerprint cards (Form FD-258) and a 2-by-2-inch frontal photo taken within the past six months.7Bureau of Alcohol, Tobacco, Firearms and Explosives. Application to Transfer and Register NFA Firearm (Tax-Paid) – ATF Form 5320.4 The ATF runs a background check through the FBI. If any legal disqualifier turns up, the application is denied.

You also pay a one-time $200 transfer tax. That figure is fixed regardless of the firearm’s value.7Bureau of Alcohol, Tobacco, Firearms and Explosives. Application to Transfer and Register NFA Firearm (Tax-Paid) – ATF Form 5320.4 Do not take possession of the machine gun until the ATF returns your stamped, approved form. Picking it up early is a federal crime.

Wait times have dropped sharply since the ATF moved most Form 4 processing to its eForms system. For applications finalized in February 2026, the average processing time was 10 days for individual applicants and 26 days for trust applicants.8Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Current Processing Times Paper submissions still run considerably longer.

Registering Through an NFA Trust

You can register a machine gun to a legal entity called an NFA trust instead of to yourself as an individual. The practical benefit is shared access: every named trustee can lawfully possess and use the firearm without the registered owner being present. Under individual registration, handing the weapon to a friend or family member, even briefly, can be treated as an illegal transfer. Trusts also make inheritance cleaner, because the trust keeps ownership after the original owner’s death and a successor trustee steps in.

Since 2016, ATF Rule 41F has required every “responsible person” named in a trust to go through the same screening as an individual buyer. Each responsible person completes ATF Form 5320.23 with a photo, submits fingerprint cards, and passes a background check.9Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Background Checks for Responsible Persons (Final Rule 41F) Each must also send a copy of the questionnaire to their local chief law enforcement officer.

What It Costs

The $200 tax stamp is the smallest number in the budget. Realistic costs include:

  • The firearm itself. The frozen supply combined with steady demand pushes prices far above ordinary firearms. Entry-level transferable models generally start around $8,000 to $10,000, and popular models routinely sell for $30,000 to $50,000 or more.
  • Dealer transfer fee. SOT dealers typically charge $25 to $200 to handle the paperwork.
  • Fingerprinting. Professional fingerprinting for the FD-258 cards runs about $15 to $50.
  • NFA trust. If you go the trust route, expect $60 to $600 depending on complexity and whether you use an attorney or an online service.

The gun itself is the real barrier. Because supply is capped and these firearms don’t wear out quickly, prices hold their value or rise. This isn’t a purchase most people stumble into.

State Bans Override Federal Approval

Federal law is the floor, not the ceiling. About 17 jurisdictions, including the District of Columbia, independently prohibit civilian machine gun possession. In those places, owning a federally registered, fully compliant machine gun is still a state crime. Roughly two-thirds of states allow civilian ownership as long as the full federal process is complete, and some of those add their own conditions on top.

An approved Form 4 does not override state law, and the ATF will not necessarily flag a state-law conflict during the application process. Verify your state’s rules before you start.

Who Cannot Legally Possess One

The federal prohibitions that block someone from owning any firearm apply with equal force to machine guns. You cannot possess a firearm if you fall into one of the following categories:3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts

  • Convicted of any crime punishable by more than one year of imprisonment.
  • Fugitive from justice.
  • Unlawful drug user or addict.
  • Adjudicated with a mental health condition or involuntarily committed.
  • Dishonorably discharged from the military.
  • Convicted of domestic violence or subject to a qualifying restraining order.
  • Renounced US citizenship.
  • In certain immigration statuses, including unlawful presence and most nonimmigrant visa holders.

The Form 4 background check screens for these disqualifiers. Lying on the application is a separate federal offense.

Conversion Devices Are Treated as Machine Guns

This is where people get caught without realizing they’ve broken the law. Small aftermarket devices, sometimes called switches, auto sears, or chips, can convert a semi-automatic pistol or rifle to fully automatic fire. Under federal law, the conversion device by itself is classified as a machine gun, even if you never attach it to a firearm.10Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). U.S. Attorney and ATF Release New Public Service Announcement Warning Against Possession of Machine Gun Conversion Devices Simply having one in your pocket or your home can carry up to 10 years in federal prison.

These devices are cheap and widely offered on overseas marketplaces, which makes them a common trap. Federal prosecutors pursue these cases aggressively, and lack of knowledge is not a defense. Drop-in auto sears, lightning links, and similar components fall in this category.

Bump Stocks, Forced Reset Triggers, and Binary Triggers

Not every device that speeds up a rifle’s rate of fire meets the legal definition of a machine gun. The distinctions have been fought over in federal court, and the law has moved more than once in recent years.

Bump Stocks

A bump stock uses a rifle’s recoil to help the shooter pull the trigger in rapid succession. After the 2017 Las Vegas shooting, the ATF issued a rule reclassifying bump stocks as machine guns and ordering their surrender or destruction. In 2024, the Supreme Court struck the rule down in Garland v. Cargill, holding that a bump stock does not cause a rifle to fire more than one round with a single trigger function because the shooter must release and re-engage the trigger between shots.11Supreme Court of the United States. Garland v. Cargill Bump stocks are not regulated as NFA firearms under current federal law, though some states ban them independently.

Forced Reset Triggers

Forced reset triggers (FRTs) mechanically reset the trigger after each shot, enabling very rapid fire. The ATF initially classified FRTs as machine guns. In July 2024, a federal district court ruled that Rare Breed FRT-15s and Wide Open Triggers are not machine guns under the NFA, and a subsequent settlement confirmed the federal government will not enforce machine gun laws against possession or transfer of those specific devices.12Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Rare Breed Triggers FRT-15s and Wide-Open Triggers (WOTs) Return Some states still prohibit FRTs, so check local law before buying.

Binary Triggers

Binary triggers fire one round when you pull the trigger and a second round when you release it. Because each shot still requires a separate mechanical action, the ATF has not classified binary triggers as machine guns. They remain legal under federal law in most circumstances. A handful of states restrict or ban them.

Penalties for Getting It Wrong

Federal law treats unauthorized machine gun possession as a serious crime, with two overlapping penalty structures. Possessing a machine gun in violation of the Hughes Amendment carries up to 10 years in federal prison and a fine.13Office of the Law Revision Counsel. 18 U.S. Code 924 – Penalties Separately, violating the NFA’s registration requirements, including possessing an unregistered machine gun, carries up to 10 years in prison and a fine of up to $250,000 for individuals.14Office of the Law Revision Counsel. 26 U.S. Code 5871 – Penalties Any firearm involved in an NFA violation is subject to seizure and forfeiture. These penalties apply even if you didn’t know the item counted as a machine gun.