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Gun rights victory today!

Requia

Active Member
I am unaware of any place in the USA where a civilian is legally allowed to own any functional weapon that is fully automatic, regardless of the permits they have.

Utah allows it, iirc there are 12 other states that do as well. Only guns that were on the civilian market before a certain date are allowed.
 

Kathryn

It was on fire when I laid down on it.
Quote:
Originally Posted by Mestemia
I am unaware of any place in the USA where a civilian is legally allowed to own any functional weapon that is fully automatic, regardless of the permits they have.

Utah allows it, iirc there are 12 other states that do as well. Only guns that were on the civilian market before a certain date are allowed.

Source please.

From the NRA website:

The result of FDR's campaign was the National Firearms Act of 1934, which to this day requires that before a private citizen may take possession of a fully-automatic firearm he must pay a $200 tax to the Internal Revenue Service and be approved by the Treasury Department to own the firearm, which is registered to the owner with the federal government.

The Hughes Amendment

In 1986, to reaffirm Congress's intent in passing the GCA and prevent improper law enforcement by BATF, Congress approved the Firearms Owners' Protection Act (FOPA).7 Near the end of debate on the measure, late at night with most members of the House of Representatives absent, Rep. William Hughes (D-N.J.) introduced an amendment related to fully-automatic firearms. Despite an apparent defeat of the amendment by voice vote, Rep. Charles Rangel (D-N.Y.), at the time presiding over the proceedings, declared the amendment approved. Hughes and Rangel were longtime "gun control" supporters.

BATF interpreted the amendment as a prohibition on the civilian possession of any fully-automatic firearm manufactured after May 19, 1986. The effect of the interpretation has been to "freeze" the number of privately owned fully-automatic firearms at roughly 150,000, an exact figure being unavailable due to privacy protection requirements that apply to tax-based laws such as the National Firearms Act. The crime-fighting utility of the 1986 "freeze" was questionable, since no legal, civilian-owned fully-automatic firearm had been used to commit a violent crime. BATF's director at the time, Stephen Higgins, had testified before Congress in 1986 that the misuse of legally-owned fully-automatic firearms was "so minimal as not to be considered a law enforcement problem." Farmer v. Higgins

Excellent (short) article about fully automatic weapons:
GunCite - Gun Control: Machine Guns

So you want to own a legal NFA firearm? Almost every one of the US states allow one or more of the restricted firearms that are on the NFA list. The list of restricted firearms include machine guns (MG's), short barreled rifles (SBR) and shotguns (SBS), destructive devices (DD's) and suspressors (aka silencer's). If you are interested in civilian ownership, check with your local branch of the Bureau of Alchol, Tobacco & Firearms (BATF) for information about what your state allows. Before you do this, you might want to check out some of the firearms links on this site (see below for links), such as Subguns.com, to ask questions and learn about legal ownership from other people with legal firearms.


If the NFA item that I want to purchase is legal in my state, can I own an NFA firearm? You must be 21 years old, be a non-felon (never been convicted of a crime that you could have been sentenced you to a prison term of 1 year or more) have never been dishonorably discharged from the armed services, not be an illegal alien and not have any restraining order against you. If you have purchased any firearm in the last couple of years from a FFL dealer, you notice that the above is the same as when you purchase any hand gun (rifle & shotgun is the same except you only have to be 18 years old).

If my state allows legal ownership, how do I go about getting a licence? First, no licence is required. You must pay the US Treasury a special $200 per firearm tax. You must have a chief law enforcement officier (CLEO) in your area that will sign off on your form 4 (application to transfer a NFA firearm). Once you find a transferable NFA firearm that you want to purchase, your CLEO will do the first back ground check, take 2 sets of FBI F258 fingerprint cards (with your prints) and sign the rear of the filled out form 4's (2 required per firearm). You then mail the 2 form 4's, 2 fingerprint cards and a check to the BATF. The BATF sends the fingerprint cards to the FBI to do a back ground check on you and compare your prints against their data base. The BATF checks their data base to see if the firearm you are purchasing is legal, transferable and owned by the person or firearms dealer (FFL). The whole process takes from 6-12 weeks. Once you are approved, one of the form 4's will be returned and then you can go and pick up your new or slightly used NFA firearm.


For more legal information, you can learn more about the NFA laws by going to the James Bardwell NFA law link below. Stay legal, stay out of jail.

Legal NFA ownership information page
 
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