Goose Decoys

Q&A: Where do people get the idea that it is illegal to own a fully automatic firearm or an “assault rifle”?

by Powerhouse Museum Collection

Question by : Where do people get the idea that it is illegal to own a fully automatic firearm or an “assault rifle”?
in a state where your state laws do not prohibit such weapons?

As far as I knew, as long as the state law doesn’t make it illegal, all you had to do was go pay for the ATF $ 200 tax stamp, do the registration paperwork and get local law enforcement to sign off on it (which is pretty much at their discretion – they don’t have to sign it) and then you had to get an FBI background check run?

Assuming the weapon is of domestic manufacture, or foreign manufacture prior to 1986.
Free Candy: Those are fun to shoot. My cousin had a MAC-10 which is almost the same thing. And he had an M1928A1 Thompson also. But that was back in the day when you didn’t have to prove a legitimate storefront to get a FFL permit.
imfoxygirl: What “permit?” There is not a ‘permit’ given to own this stuff in states where it’s not already illegal. You simply have to do the legal run-around that I listed. This is coming from the ATF themselves whom I just called and asked what the law is in states where they aren’t illegal.
All an ‘assault rifle’ is, is a selective-fire rifle where you can switch between different firing modes. Like semi-auto, three-round burst or fully automatic fire.

Best answer:

Answer by Free Candy
It’s not as long as you have a class 3 weapons permit. My brother in law owns a full auto Uzi.

Edit: Man, that Thompson’s a relic! I love those guns.

Add your own answer in the comments!

Related posts:

1. Where do people get the idea that it’s illegal to own an “assault rifle” or a fully-automatic firearm?
2. Why is it that people think when someone mentions “Assault rifle”, people think the fully automatic versions?
3. What is the difference between an “assault rifle” and a “hunting rifle”?
4. in USA is possible to buy the assault rifle “Beretta AR70/90″?? If yes, how much $$?
5. were can i buy a browning automatic rifle “B.A.R.”and ammo for it.?

1. 

   B X
   November 4th, 2011 at 19:56 | #1

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   its called liberal brainwashing, thats where the ideas come from
2. 

   imfoxygirl
   November 4th, 2011 at 20:06 | #2

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   It is illegal unless you have a special permit.
   You can’t just go into a gun shop and purchase one.

   A full automatic is not the same thing as an “assault rifle”.
   An assault rifle is semi auto.

   How to Buy a Machine gun
   Yes, You can legally own a machine gun

   Unless you live in one of the few states that prohibit machine guns (listed below) or are a convicted felon you can legally own a fully automatic machine gun. In most states, if you qualify to own a handgun, you are qualified to own a machine gun. Machine guns are certainly the most fun and most collectible firearms you can own.

   There is no blanket law that prevent private ownership of machine guns. In fact, machine guns are a very wise and lucrative investment. The reason for this is that in 1986, Congress passed the Firearms Owner’s Protection Act. (Sounds like a good thing, right?) Wrong.

   This law banned the manufacture, import, and sale of new machine guns to civilians. Any guns manufactured and registered with BATFE after May of 1986 cannot be sold or possessed by individual citizens. There is, however, over a quarter million existing “pre-May” machine guns that are perfectly legal to purchase. These machine guns are commonly called “transferables.”

   So, how can machine guns be a great investment? It’s as simple as supply and demand. The supply of ‘transferable’ machine guns is fixed by the 1986 ban, and the demand by people who want to own and shoot them is steadily increasing. For instance, a transferable MP5 might sell for $ 15,000 now, they typically sold for $ 5000 or less ten years ago. Unlike stock, bonds, and mutual funds it’s highly unlikely that it will ever be worthless. In hard times, they may even be worth more. Machine guns are an investment you can cherish, enjoy shooting, and pass on to future generations.

   Ever since the National Firearms Act of 1934, individuals buying machine guns have required the same procedure for each machine gun.
   1) Federal transfer form with fingerprints and photographs for the background check.
   2) One-time transfer tax of $ 200.

   When your form is approved, a Federal stamp in the amount of $ 200 is attached to your form certifying approval. This form is your ‘permission slip’ to own that specific machine gun.

   Eligibility:

   1. You must be a US citizen over 21
   2. You must not have been convicted of a crime
   3. You must live in a state and jurisdiction that does not prohibit machineguns.

   States that prohibit machine guns:
   California
   Delaware
   Hawaii
   Illinois
   Iowa
   Kansas
   New York
   Rhode Island
   Washington
   see this site for more info about your state:
   http://nraila.org/GunLaws/

   Getting a Gun Transferred to You

   Per the rules setup under the National Firearms Act, machine guns cannot be transferred interstate between individuals. If you find a transferable machine gun in your state, you can have it transferred directly to you on an ATF Form 4. If you buy a machine gun outside of your state, you must utilize a Federal Firearms Licensee (FFL) who also has a Special Occupational Tax (SOT) registration to first get the machine gun into your state. These dealers are typically referred to as “class 3 dealers.” They normally charge between $ 100 and $ 200 to facilitate the transfer process.

   Transfers to dealers usually happen very quickly since there is no background check required (approximately 1-2 weeks). There are 3 types of ATF forms that are typically used for machine gun transfers:

   Form 3 (tax exempt): FFL/SOT to FFL/SOT
   Form 4 (transfer tax required):
   to Individual/Corp (within the same state only)
   Or
   FFL/SOT to Individual (within the same state only) or FFL
   Or
   Individual to FFL/SOT
   Or
   Individual to Curio & Relic FFL (for C&R machine guns only)
   Form 5 (tax exempt): Individual (deceased) to Heir (within the same state only)

   If you buy the machine gun from an ‘individual’ in another state, he would transfer that gun to your dealer in your state on a Form 4. If you buy the machinegun from an FFL/SOT in another state, he would transfer that machine gun to your dealer in your state on a Form 3.

   Once the machine gun is in your state, you must complete the Form 4 to get the machine gun transferred from the FFL/SOT to you.

   Completing the Form
   The Form 4 is a relatively simple two-page form. If you print it from the ATF web site (http://www.atf.treas.gov/forms/5000.htm#firearms) , you must make sure that both pages are on the same sheet of paper. The form must be completed in duplicate. The first section is the information about the “transfetransfer or and the “transferor” (your dealer). The second section is the information about the gun.

   What to Send to ATF:
   1) Complete Form 4 in duplicate with original ink signatures, not copies.
   2) Certification of US Citizenship Form
   3) Two FBI-258 Fingerprint Cards
   4) Check for $ 200
3. 

   Scott H
   November 4th, 2011 at 21:05 | #3

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   The individual laws are sometimes complex, but the Constitution is pretty clear on this one.
4. 

   Les S
   November 4th, 2011 at 21:42 | #4

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   Laws do not drop out of the sky from God. Man makes laws.

   If the law in your state says that you can own such a weapon, then it is legal. If the law states that you cannot, then it is illegal.

   Simple as that.

   Now, why people are misinformed as to what the law states, i cannot answer.
5. 

   brucec83
   November 4th, 2011 at 22:02 | #5

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   Have you ever done it? There are very few states and municipalities that permit it and it is not as easy as you think. But the ATF permit is nothing compared to affording the ammunition, which it goes through much faster than most people can afford.
6. 

   August For President
   November 4th, 2011 at 22:56 | #6

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   Most saying that,know very little about guns or gun laws.They just know we “need stricter gun laws”,in other words they are just parroting what they have been told.

   August
7. 

   thegubmint
   November 4th, 2011 at 23:12 | #7

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   It’s not exactly a piece of cake.

   But since most people don’t even know what a real assault rifle actually is, it’s not surprising that they wouldn’t know the legalities and details behind owning them.
8. 

   rayven
   November 5th, 2011 at 00:12 | #8

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   Fully automatic weapons before the prohibited date are legal to own privately, but they really aren’t on the market.

   As for the so-called “assault rifles”, there was a federal ban a few years back that has since expired. For a period of time, they were illegal to purchase by private individuals. Some people didn’t know there was an expiration date for that law.
9. 

   Support the New Great Depression. Vote Obama
   November 5th, 2011 at 00:27 | #9

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   The constitution does not state what type of firearm you may own.

   If your state allows it buy anything your heart desires.
10. 

    The Scales of Justice 3.
    November 5th, 2011 at 01:11 | #10

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    It is not Illegal. As long as all applicable. County. City, State, and Federal laws are
    adhered to. Who ever is spouting the crap to the contrary are very ill informed.
11. 

    Dick Jones
    November 5th, 2011 at 01:23 | #11

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    You are correct. The federal ban has expired.