Machine Gun Law

As Emily Carter continued cataloging her grandfather’s firearms, she came across a firearm unlike anything else in the collection.

Attached to the paperwork was a phrase she had never seen before:

Transferable Machine Gun.

Unlike the suppressor, short-barreled rifle, and short-barreled shotgun she had already researched, this firearm occupied a unique place in federal firearms law.

Machine guns are among the most heavily regulated firearms in the United States.

Yet many people are surprised to learn that certain machine guns may still be lawfully owned by civilians.

What Is a Machine Gun?

Federal law defines a machine gun as a firearm that fires more than one round automatically with a single function of the trigger.

Machine gun regulations also extend to certain conversion devices, parts, and combinations of parts designed to create automatic fire.

Because the definition is broad, firearm owners should understand that machine gun classifications can involve more than just complete firearms.

Are Machine Guns Legal?

Many people assume civilian machine gun ownership is completely prohibited.

That is not entirely accurate.

Certain machine guns registered before May 19, 1986 may still be lawfully transferred to qualified civilian owners under federal law.

These firearms are commonly known as:

Transferable Machine Guns

Because the supply is fixed, many transferable machine guns have become highly valuable collector’s items.

Why 1986 Matters

In 1986, Congress enacted the Firearm Owners’ Protection Act.

Included within that legislation was the Hughes Amendment.

The amendment generally prohibited civilian possession of newly manufactured machine guns after May 19, 1986.

As a result:

Pre-1986 registered machine guns may remain transferable.
Post-1986 machine guns are generally restricted.

This distinction is one of the most important concepts in machine gun law.

How Machine Guns Are Transferred

Most lawful civilian machine gun transfers occur through ATF Form 4.

The process generally includes:

Background checks
Fingerprints
Photographs
Tax payment
Federal approval

The same transfer mechanism commonly used for suppressors is often used for transferable machine guns.

Learn more in our Form 4 Attorney Guide.

Gun Trust Ownership

Emily discovered her grandfather’s machine gun was held in the same trust as several of his other NFA firearms.

Many collectors use trusts because they may help address:

Succession planning
Estate administration
Trustee authority
Long-term ownership

For additional information, visit our Gun Trust Guide.

Common Machine Gun Misconceptions

Many people mistakenly believe:

All machine guns are illegal.
Machine guns cannot be inherited.
Registration is optional.
Trust ownership avoids federal regulations.

None of those assumptions are accurate.

Machine gun ownership remains one of the most highly regulated areas of federal firearms law.

Why Documentation Matters

By this point, Emily understood why her grandfather maintained such detailed records.

Every NFA firearm in the collection was accompanied by:

Tax stamp documentation
Trust records
Transfer paperwork
Estate planning documents

The machine gun was no exception.

Without those records, determining lawful ownership would have been far more difficult.

Machine Guns and Estate Planning

Because transferable machine guns often possess substantial financial value, estate planning becomes especially important.

Trust ownership, successor trustees, and proper documentation can help ensure firearms are handled appropriately after an owner’s death.

When to Speak With an Attorney

Legal guidance may be beneficial when:

Acquiring a transferable machine gun
Creating a gun trust
Inheriting NFA firearms
Updating trust documents
Addressing compliance concerns

Individuals seeking legal assistance regarding machine guns, suppressors, SBRs, SBSs, and NFA compliance can learn more through FLGunLaw’s NFA Tax Stamp Attorney page.

For legal assistance regarding machine guns, tax stamps, gun trusts, and NFA compliance, visit FLGunLaw’s NFA Tax Stamp Attorney page.