Open bolt guns are generally legal to own in the United States if they comply with federal and state firearms laws, but their legality depends heavily on the firearm type, intended use, and specific regulations governing automatic weapons.
Background on Open Bolt Firearms
Open bolt firearms operate by holding the bolt in the rearward position when ready to fire. When the trigger is pulled, the bolt moves forward, chambers a round, and immediately fires it. This design is common in many fully automatic weapons and some semi-automatic firearms.
Historically, open bolt mechanisms have been favored for machine guns and submachine guns due to their simplicity and cooling advantages. However, the design also presents unique regulatory challenges because many open bolt firearms are capable of fully automatic fire, which is tightly controlled under U.S. law.
How Open Bolt Guns Work
In an open bolt firearm, the bolt stays back when the weapon is ready to fire. Pulling the trigger releases the bolt, which moves forward, strips a cartridge from the magazine, chambers it, and fires it in one continuous motion. After firing, the bolt either stays open or cycles depending on the firearm’s design.
This contrasts with closed bolt firearms, where the round is already chambered and the bolt is forward before firing. Open bolt designs help prevent overheating during rapid fire because the chamber is open to air between shots.
Federal Regulation of Open Bolt Guns
At the federal level, the legality of open bolt guns depends largely on whether the firearm is considered a machine gun or a semi-automatic weapon. The National Firearms Act (NFA) and Gun Control Act (GCA) regulate automatic firearms, including those with open bolt mechanisms.
- Machine guns: Fully automatic open bolt guns are classified as machine guns and are heavily regulated. Ownership requires registration with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), a tax stamp, and strict compliance with transfer and possession laws.
- Semi-automatic firearms: Some semi-automatic firearms use open bolt designs, but these are less common. If a firearm is semi-automatic and not otherwise prohibited, it can be legally owned in most states.
However, many open bolt firearms are inherently automatic, which means civilian ownership is restricted unless the firearm was registered before the 1986 Firearm Owners Protection Act (FOPA) ban on new machine guns for civilians.
State Laws and Variations
State regulations on open bolt guns vary widely. Some states have stricter controls on automatic weapons or specific bans on open bolt firearms, while others follow federal law without additional restrictions.
For example:
- California: Generally prohibits possession of machine guns, including open bolt automatic firearms, except under limited circumstances.
- New York: Also bans machine guns and certain types of open bolt firearms.
- Texas and Florida: More permissive states where ownership of registered machine guns is allowed but subject to federal requirements.
Anyone interested in owning an open bolt gun should research both federal and local laws carefully and consult legal experts or authorities.
Common Misconceptions About Open Bolt Guns
There are several myths surrounding the legality and functionality of open bolt guns:
- Myth: All open bolt guns are illegal.
Fact: Many open bolt firearms are legal if they are semi-automatic and comply with laws. - Myth: Open bolt guns always fire automatically.
Fact: While many open bolt designs are automatic, some semi-automatic versions exist. - Myth: Open bolt guns are unsafe.
Fact: Like any firearm, safety depends on design, maintenance, and user behavior.
Safety Considerations with Open Bolt Firearms
Open bolt guns can pose specific safety concerns, particularly because the bolt is held back when ready to fire. This can lead to accidental discharges if the firearm is dropped or jarred, causing the bolt to slam forward unintentionally.
Manufacturers often include safety mechanisms to prevent such occurrences, but users should be aware of the increased risk and handle open bolt firearms with extra caution.
Proper training, safe storage, and regular maintenance are essential to minimize risks associated with open bolt guns.
Alternatives to Open Bolt Firearms
Many modern firearms use closed bolt designs, which are generally safer and more accurate for semi-automatic and automatic fire. Closed bolt firearms are more common in civilian markets due to legal and practical reasons.
For those interested in automatic fire, legally registered closed bolt machine guns are available under the NFA. Additionally, semi-automatic firearms with closed bolt operation are widely available and legal in most jurisdictions.
Costs and Acquisition Process
Purchasing an open bolt firearm, especially a machine gun, can be costly and complex. The process includes:
- Finding a federally licensed dealer who deals in NFA firearms.
- Completing ATF Form 4 for transfer and paying a $200 tax stamp.
- Passing a detailed background check and waiting for ATF approval, which can take several months.
- Complying with all state and local laws regarding possession and transport.
The cost of the firearm itself can range from several thousand to tens of thousands of dollars, depending on rarity and condition.
Frequently Asked Questions
Are all open bolt guns considered machine guns under U.S. law?
Not all open bolt guns are machine guns. While many open bolt firearms are fully automatic and thus classified as machine guns, some semi-automatic open bolt firearms exist and are not classified as machine guns under federal law.
Can I legally buy a new open bolt machine gun in the U.S.?
No. The 1986 Firearm Owners Protection Act prohibits civilians from purchasing newly manufactured machine guns. Only those registered before May 19, 1986, can be legally owned and transferred.
Do open bolt firearms have more safety risks than closed bolt guns?
Open bolt firearms can have a higher risk of accidental discharge if dropped, as the bolt is held back and can slam forward unintentionally. Proper safety features and handling mitigate these risks.
Are open bolt guns legal in all states?
No. Some states have additional restrictions or outright bans on machine guns and certain open bolt firearms. It is essential to check local laws before acquiring one.
Why do some guns use open bolt designs?
Open bolt designs help with cooling during rapid fire and simplify the firing mechanism, making them popular in machine guns and submachine guns, especially in military applications.
Can I convert a closed bolt gun to open bolt legally?
No. Modifying a firearm to become fully automatic or to change its firing mechanism typically violates federal and state laws and can result in severe penalties.
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