{"id":124,"date":"2026-07-22T02:52:12","date_gmt":"2026-07-22T02:52:12","guid":{"rendered":"https:\/\/fedlaws.org\/?p=124"},"modified":"2026-07-22T02:52:12","modified_gmt":"2026-07-22T02:52:12","slug":"18-usc-922o-machine-gun-possession-penalties-and-defenses","status":"publish","type":"post","link":"https:\/\/fedlaws.org\/?p=124","title":{"rendered":"18 USC 922(o): Machine Gun Possession, Penalties, and Defenses"},"content":{"rendered":"

Under 18 U.S.C. 922(o), it is a federal felony to transfer or possess a machine gun, punishable by up to ten years in prison.1<\/a><\/sup>Office of the Law Revision Counsel. 18 U.S.C. 922 – Unlawful Acts<\/a><\/span>2<\/a><\/sup>Office of the Law Revision Counsel. 18 U.S.C. 924 – Penalties<\/a><\/span> The statute was added by the Firearm Owners’ Protection Act of 1986 and froze the civilian market: no machine gun made after May 19, 1986 can be lawfully owned by a private citizen. Two exceptions survive. Government agencies can possess machine guns, and any machine gun that was lawfully registered before that date can still be bought, sold, and inherited under National Firearms Act rules.<\/p>\n

What Counts as a Machine Gun<\/h2>\n

The National Firearms Act defines a machine gun as any weapon that fires more than one shot with a single pull of the trigger without manual reloading between shots.3<\/a><\/sup>Office of the Law Revision Counsel. 26 U.S.C. 5845 – Definitions<\/a><\/span> The definition reaches further than the weapon itself. It covers the frame or receiver of a machine gun, any part designed exclusively to convert a firearm into a machine gun, and any collection of parts that could be assembled into one if the parts are in a person’s possession or control.<\/p>\n

That last piece matters. Small conversion devices such as drop-in auto sears, lightning links, and “Glock switches” are themselves machine guns under federal law, whether or not they are installed in a firearm. The ATF has treated trafficking in these devices as a priority, noting that a pistol equipped with a switch can fire up to 1,200 rounds per minute.4<\/a><\/sup>Bureau of Alcohol, Tobacco, Firearms and Explosives. Fort Worth Manufacturer Charged in Glock Switch Case<\/a><\/span> Possessing a switch carries the same exposure under 922(o) as possessing a full auto rifle.<\/p>\n

The Pre-1986 Cutoff and Its Two Exceptions<\/h2>\n

Before 1986, civilians could register machine guns under the NFA by paying a $200 transfer tax. Subsection (o) closed that door. It makes it unlawful for any person to transfer or possess a machine gun, subject to two carve-outs.1<\/a><\/sup>Office of the Law Revision Counsel. 18 U.S.C. 922 – Unlawful Acts<\/a><\/span><\/p>\n

The first exception covers transfers to or by the United States, any state, or any department or agency of either. Law enforcement and military entities can acquire post-1986 machine guns for official use, with the firearms registered to the agency itself.<\/p>\n

The second grandfathers any machine gun lawfully possessed before May 19, 1986. That created a fixed and shrinking pool of transferable machine guns in civilian hands. No new ones can be added, and every one destroyed or rendered inoperable permanently reduces the supply. Prices for transferable pre-1986 machine guns run well into the tens of thousands of dollars as a result.<\/p>\n

A narrow third category exists on the business side. Federal firearms licensees who also hold Special Occupational Taxpayer status can manufacture and possess post-1986 machine guns, but only to sell to government buyers or as demonstration samples. Getting a post-1986 dealer sales sample requires a “law letter” from a government entity expressing interest in seeing that specific model demonstrated.5<\/a><\/sup>Bureau of Alcohol, Tobacco, Firearms and Explosives. Machinegun Dealer Sales Sample Letters<\/a><\/span><\/p>\n

Buying a Pre-1986 Machine Gun<\/h2>\n

A private citizen can still legally buy a machine gun that was lawfully registered before May 19, 1986. The transfer runs through ATF Form 4, an application for tax-paid transfer and registration.6<\/a><\/sup>Bureau of Alcohol, Tobacco, Firearms and Explosives. NFA Handbook Chapter 9 – Transfers of NFA Firearms<\/a><\/span> The main requirements:<\/p>\n