What States Allow Fully Automatic Weapons?
The legality of owning fully automatic weapons in the United States is a complex issue, heavily regulated at both the federal and state levels. While no state explicitly allows the possession of fully automatic weapons without significant restrictions, the specifics of those restrictions vary considerably. Understanding the nuances is crucial, as simple blanket statements can be misleading.
The Federal Landscape: The National Firearms Act (NFA)
Before diving into state-specific regulations, it's essential to understand the overarching federal law: the National Firearms Act (NFA) of 1934. This act imposes strict regulations on certain types of firearms, including fully automatic weapons (machine guns), short-barreled rifles and shotguns, silencers, and destructive devices. The NFA requires registration with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the payment of a substantial tax stamp for each registered item. Crucially, the manufacture of new fully automatic weapons for civilian sale was largely banned under the Hughes Amendment of 1986. This means that almost all legally-owned fully automatic weapons are pre-1986 models.
State-Level Variations: A Patchwork of Regulations
While federal law sets a baseline, states have the authority to implement stricter regulations. This means that even in states with relatively permissive gun laws, owning a fully automatic weapon remains a heavily regulated endeavor. It is inaccurate to say any state simply "allows" them without qualification. What might differ is the process of obtaining the necessary permits and licenses, as well as any additional state-level restrictions.
Finding Information on Specific States:
It's impossible to provide a definitive list of states where fully automatic weapons are "allowed" without creating a misleading oversimplification. To obtain accurate and up-to-date information regarding a specific state, it's crucial to consult the following resources:
- The State's Attorney General's Office: This office will have the most authoritative interpretation of state firearms laws.
- The State's Department of Public Safety or equivalent agency: These agencies often handle licensing and registration for firearms.
- A qualified firearms attorney: Given the complexities of federal and state regulations, seeking legal counsel is highly recommended.
Important Considerations:
- The NFA's stringent requirements remain paramount: Even in states with less restrictive laws, compliance with federal regulations is mandatory. This includes the registration process, background checks, and ongoing storage and handling regulations.
- Local ordinances may apply: Municipalities and counties may have additional rules and restrictions beyond those at the state and federal levels.
- Laws change: Firearms laws are frequently subject to change, making it imperative to consult the most up-to-date resources.
Conclusion:
The question of which states "allow" fully automatic weapons is best answered with the caveat that no state allows them without significant legal hurdles and stringent compliance with federal and state regulations. Obtaining and possessing such weapons requires a thorough understanding of the relevant laws and adherence to all applicable regulations. Always consult authoritative sources and seek legal advice before attempting to acquire or own a fully automatic firearm.
