Can You Legally Own a Machine Gun?
Machine guns capture the imagination of firearm enthusiasts. They are fun, powerful, and many are historically valuable as well.
Are you interested in owning a machine gun? Depending on which state you reside in, you may be legally allowed to purchase one. However, the process can be complicated, and you’ll have to jump through quite a few hoops.
Here’s everything you need to know about machine gun ownership in the United States.
What Is a Machine Gun?
According to the ATF, a machine gun is defined as “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manual reloading, by a single function of the trigger.”
The definition also includes the following:
- The frame or receiver of “any such weapon.”
- Any part designed to convert a weapon into a machine gun.
- Any combination of parts that can be used to assemble a machine gun, if a person is in possession of said parts.
If a firearm can fire more than one round with a single trigger pull, it is legally a machine gun. That applies even if it looks identical to a semi-automatic weapon.
Who Can Own a Machine Gun Under Federal Law?
Private machine gun ownership is legal under federal law. However, some pretty significant requirements have to be addressed first.
To legally own a machine gun, the following must apply:
- The firearm was manufactured and registered before May 19, 1986.
- You complete an ATF Form 4 and pay a $200 tax stamp.
- You must pass an extensive FBI background check.
- The firearm is registered with the National Firearms Registration and Transfer Record.
Since no new machine guns can be registered for civilians after 1986, the number of transferable machine guns is fixed. That has driven up prices dramatically.
You’ll also have to go through the same ATF Form 4 filing process to purchase any other NFA-regulated item, such as:
- Suppressors
- Short-barrelled rifles (SBRs)
- Short-barrelled shotguns (SBSs)
The good news is that the $200 tax stamp will be a thing of the past starting on January 1, 2026.
The bad news is that machine guns are perhaps the most expensive NFA item to purchase. That’s because firearms manufacturers can produce new suppressors, SBRs, and SBSs. However, no new machine guns can be manufactured for civilian ownership, and it’s been that way for nearly three decades.
Private Ownership vs. FFL and Corporate Ownership
When it comes to owning a machine gun, there are two main options. Those options are private ownership and FFL or corporate ownership.
An individual is subject to the pre-1986 rule. They must also navigate the ATF approval process and obtain a tax stamp. If they meet all of these requirements, a machine gun can be legally possessed, sold, or transferred between private individuals in states that allow it.
Federal Firearms License (FFL) holders with a Special Occupational Tax (SOT) designation can own post-1986 “samples.”
They are typically used for:
- Law enforcement demonstrations
- Research
- Industry testing
Corporations and manufacturers must comply with ongoing ATF oversight and cannot transfer post-sample machine guns to private citizens.
State Restrictions on Automatic Weapons
Residents who live in the following states are not permitted to own machine guns, even if they meet federal requirements:
- California
- Colorado
- Delaware
- District of Columbia
- Hawaii
- Illinois
- Iowa
- Louisiana
- Massachusetts
- Minnesota
- New Jersey
- New York
- Rhode Island
- Wisconsin
Some of these states allow you to apply for an exemption, although obtaining one can be expensive and tedious. These jurisdictions include:
- California
- Louisiana
- Massachusetts
- Minnesota
- New Jersey
- Wisconsin
If you live in any of the following states and are not a member of any of the restricted groups who are prohibited from owning a firearm, you may own a machine gun:
- Alabama
- Alaska
- Arizona
- Arkansas
- Connecticut
- Florida
- Georgia
- Idaho
- Indiana
- Kansas
- Kentucky
- Maine
- Michigan
- Mississippi
- Missouri
- Nebraska
- Nevada
- New Hampshire
- New Mexico
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Washington
- West Virginia
- Wyoming
Make sure you review the laws in your state.
Additional Restrictions on Owning a Machine Gun
The Firearm Owners Protection Act, passed in 1986, prohibits any civilian from possessing a machine gun manufactured after that year. There are several other facets to legally owning a machine gun. For example, you can not be a “prohibited person” by law.
Here are some examples of prohibited persons:
- Felons
- Fugitives
- People who are convicted of a crime that is punishable by more than one year in prison
- People with a confirmed mental disorder
- Unlawful users of controlled substances
- Former military personnel who were dishonorably discharged
- Illegal aliens
- Anyone who has renounced their U.S. citizenship
The use of controlled substances can seem inconsistent. For instance, your state may allow you to obtain a medical marijuana card. However, cannabis is illegal under federal law. Therefore, you would not be able to pass the ATF Form 4 process, even if you use cannabis legally in your state.
Registration Requirements
According to the National Firearms Act (NFA) of 1934, all specially regulated firearms and accessories have to be registered with the government.
Other NFA items include:
- Suppressors
- SBRs
- SBSs
- Firearms that are considered “any other weapon”
Any time one of these items changes hands, a new Form 4 must be submitted. As of 2025, the $200 tax stamp must be paid for each transfer as well. However, you will no longer have to pay the $200 tax stamp in 2026 and beyond.
Always confirm that you are completing the appropriate forms and paying the required fees. You will also need to wait to take possession of your NFA item until your form is approved.
What Do Different Machine Guns Look Like?
When you hear the words “machine gun,” a huge weapon from your favorite Hollywood action flick is likely what comes to mind. However, based on the NFA definition, any weapon that fires more than one round with a single trigger pull is a machine gun.
With that in mind, the visual appearance of a firearm can be misleading. Two weapons can look almost identical but be legally different, depending on their firing mechanism.
For example, a standard AR-15 is not a machine gun, as it can only function as a semi-automatic rifle (one pull of the trigger results in one round being fired). However, an automatic AR-15 has additional options on the selector switch, such as fully automatic.
You may encounter several common categories of machine guns.
Belt-Fed Crew-Served Weapons
These are large firearms often used by military units. The key features include the following:
- Feed from an ammunition belt (linked rounds), rather than a detachable box magazine.
- Heavier barrels and larger receiver assemblies to manage the heat and stress of continuous fire.
- Usually mounted on bipods, tripods, vehicles, or fixed emplacements.
- More than one operator is required in many scenarios.
For example, the .50 caliber machine gun is a staple in the U.S. military. They are mounted on vehicles and ships. .50 caliber machine guns are also commonly used for fixed gun emplacements.
The M249 SAW is another example of a belt-fed machine gun, although it is operated by a single person.
Magazine-Fed Rifles
Magazine-fed automatic rifles look similar to semi-automatic AR-style or AK-style rifles, but have fully automatic capability.
Features include:
- Detachable magazines.
- A standard rifle configuration (typically), which includes a stock, pistol grip, and a full receiver.
- Single operator design.
At first glance, they can be indistinguishable from semi-automatic rifles. The difference lies in their internal fire control group. If an individual has illegally modified a semi-automatic rifle for fully-automatic fire, it would require an inspection of the firearm’s internal parts to discover the alterations.
Modifying a semi-automatic firearm in this way is a federal crime that can result in prison time. If you decide to buy a machine gun, make sure you are purchasing it lawfully and abiding by all ATF regulations.
Submachine Guns
Submachine guns are compact automatic weapons chambered in pistol calibers. Here are some key traits:
- Short, compact receivers and stocks for close-quarters use.
- Small, pistol-caliber magazines (9mm is most common).
- High rate of fire in a small frame.
Classic examples include the MP5 and Uzi. They look and handle differently from rifles, but are still fully automatic weapons.
There are semi-automatic variations of these popular weapons platforms that look nearly identical. However, you do not need a tax stamp or ATF Form 4 to purchase a semi-automatic firearm, even if its visual appearance resembles that of a submachine gun.
Machine Pistols
Machine pistols are handgun-sized firearms capable of full-auto or burst modes. They are:
- Very compact and typically hard to control on full-auto due to size and recoil.
- Sometimes confused with semi-automatic handguns.
- Feature a firing mechanism that allows more than one round to fire with a single trigger pull.
Machine pistols are extremely rare, especially legal ones. Unfortunately, criminals often modify modern handguns to function as fully automatic weapons.
Why Legal Machine Guns Are So Expensive
Machine guns are perhaps the most expensive NFA item on the market. The biggest factor at play is the finite supply. Civilians can only possess machine guns that were produced before the 1986 cutoff.
Since no “new” civilian machine guns have been manufactured in nearly 30 years, there is no new supply to meet the higher demand.
Additionally, historical or military firearms are highly collectible. This drives competition for well-preserved weapons from key periods in history. For instance, fully automatic weapons from WW2 are extremely rare and expensive.
The costs also don’t end once you purchase a machine gun. Finding a gunsmith who can work on a fully-automatic weapon is a challenge on its own. Additionally, you’ll have to find viable replacement parts. You’ll also spend more on ammo, as fully automatic fire consumes large amounts of ammunition quickly.
What About Modifying a Semi-Auto Gun?
Converting a semi-automatic firearm to fire automatically is restricted under federal law. Possessing the parts needed to convert a semi-automatic firearm into a machine gun is illegal as well.
A few examples of conversion parts include:
- Sears
- Auto-sear
- Drop-in devices
You can legally build your own firearm, provided that it is not designed to fire on full auto. However, you have to purchase any serialized parts through proper channels, such as from an FFL.
If someone is selling a “modified” firearm, make sure it has not been illegally altered. If you purchase it and are found in possession of it, you could face serious criminal charges.
Shooting Full-Auto at The Range 702
Obtaining a machine gun is an expensive and complicated endeavor. The good news is that there are plenty of other ways to experience the thrill of shooting one, such as visiting The Range 702.
At The Range 702, you can rent and shoot fully automatic firearms that the range owns and maintains, and do so under the direct supervision of range safety officers. You can also try a variety of platforms, without the hassle of purchase, registration, or upkeep, and learn safe handling, trigger control, and how automatic weapons function.
Our gun vault includes classic weapons like the infamous MG-42, as well as modern machine guns, such as the M249 SAW.
Check out the fully automatic firearms in the gun vault at The Range 702.
