How to Legally Obtain a Full Auto Firearm in the United States

Obtaining a fully automatic firearm, commonly referred to as a “full auto” firearm, in the United States is a highly regulated process governed primarily by the National Firearms Act (NFA) of 1934 and the Gun Control Act of 1968. These firearms are capable of firing multiple rounds with a single pull of the trigger and are subject to strict federal and state controls. This guide explains the legal steps necessary to acquire a full auto firearm for civilian ownership, ensuring compliance with all applicable laws.

What You’ll Need

• Proof of U.S. citizenship or legal residency
• Valid government-issued photo ID (e.g., driver’s license or passport)
• Completed ATF Form 4 (Application for Tax Paid Transfer and Registration of Firearm)
• Fingerprint cards (FD-258 standard)
• Passport-style photographs
• Payment for the $200 NFA tax stamp
• Access to a licensed Class 3 Federal Firearms License (FFL) dealer or manufacturer
• Local law enforcement notification or approval (varies by jurisdiction)

Step-by-Step

1. Confirm Eligibility: Verify you meet all federal and state requirements. You must be at least 21 years old, legally allowed to possess firearms, and reside in a state where ownership of full auto firearms is permitted. Some states and cities have outright bans or additional restrictions.
2. Find a Full Auto Firearm for Sale: Locate a Class 3 FFL dealer or a private seller who legally possesses a transferable full auto firearm. Due to the rarity and cost, these firearms are often expensive and limited in availability.
3. Prepare Required Documents: Obtain your fingerprints (FD-258 cards) and passport-style photos. Gather your valid government-issued ID and proof of residency. You will also need to complete ATF Form 4, which is the official application to transfer and register an NFA firearm.
4. Submit ATF Form 4 with Payment: Your dealer or transferor will help you submit the completed Form 4 to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). You must include a $200 tax payment for the NFA transfer tax stamp. This step legally registers the firearm in your name.
5. Notify Local Law Enforcement (If Required): Some jurisdictions require you to notify or obtain approval from your local police or sheriff’s department before taking possession. Check your local laws carefully to comply.
6. Wait for ATF Approval: The ATF conducts a thorough background check, including FBI NICS checks and fingerprint processing. This process can take 6 to 12 months or longer, depending on backlog.
7. Receive Approval and Tax Stamp: Once approved, you will receive your tax stamp and approved Form 4. This document legally authorizes your possession of the full auto firearm.
8. Take Possession of the Firearm: Coordinate with your dealer or transferor to take delivery of the firearm. You must keep the original tax stamp and paperwork with the firearm at all times.
9. Comply with Storage and Transport Laws: Follow all federal and state laws regarding safe storage, transportation, and use of the firearm. This may include locked containers and restrictions on where you may carry or fire it.

Common Mistakes

• Failing to Check State and Local Laws: Many states prohibit or severely restrict full auto firearms. Not verifying local rules can lead to legal penalties.
• Skipping the Tax Stamp Process: Possessing a full auto without the ATF tax stamp is illegal and can result in felony charges.
• Submitting Incomplete or Incorrect Paperwork: Incorrect forms, missing fingerprints, or photos can delay approval significantly.
• Attempting to Manufacture or Convert Firearms Without Approval: Converting a semi-automatic firearm to full auto without ATF approval is illegal.
• Ignoring Transfer Restrictions: Full auto firearms manufactured after May 19, 1986, are generally not transferable to civilians, limiting options to pre-1986 models.

Tips

• Work with Experienced Dealers: A Class 3 FFL dealer familiar with NFA transfers can guide you through the complex process and help avoid errors.
• Be Patient: ATF processing times are lengthy. Avoid rushing or attempting to circumvent procedures.
• Keep Documentation Organized: Maintain copies of all forms, receipts, and correspondence for your records.
• Understand the Costs: Besides the $200 tax stamp, full auto firearms can be very expensive to purchase and maintain.
• Stay Informed About Legal Changes: Laws regarding full auto firearms can evolve. Regularly check for updates at federal and state levels.

Troubleshooting

If your application or transfer does not go as planned, consider the following steps:

• Application Delays: ATF processing times can be unpredictable. Contact your dealer or check the ATF eForms system for status updates. If delays are excessive, you may request assistance from your Congressional representative.
• Denial of Application: If the ATF denies your Form 4 application, you will receive a written explanation. Common reasons include disqualifying criminal history or incomplete paperwork. Consult a firearms attorney to explore options for appeal or correction.
• Local Law Enforcement Issues: If your local police department denies notification or approval, review your state laws or seek legal advice. Some jurisdictions have discretionary authority over NFA firearms.
• Lost or Misplaced Tax Stamp: The original tax stamp must be kept with the firearm. If lost, contact the ATF to request a replacement, which may require a fee and proof of ownership.
• Problems with the Transferor or Dealer: If the dealer fails to complete paperwork or communicate properly, consider switching to a more reputable Class 3 FFL holder.

Frequently Asked Questions

Can I buy a new full auto firearm today?

No, civilian ownership is generally limited to full auto firearms manufactured and registered before May 19, 1986, due to the Hughes Amendment.

How long does the ATF approval process take?

Typically between 6 to 12 months, but it can vary depending on backlog and complexity.

Is the $200 tax stamp a one-time fee?

Yes, the $200 tax stamp is paid once per NFA item transfer. Ownership transfers require a new application and tax payment.

Can I make my own full auto firearm by modifying a semi-auto?

No, converting a firearm to full auto without ATF approval and registration is illegal and subject to severe penalties.

Do I need a special license to own a full auto firearm?

No special license is required for individuals, but the firearm must be registered under the NFA and transferred through a Class 3 FFL.

What happens if I move to a state that prohibits full auto firearms?

You must comply with that state’s laws, which may require surrendering, selling, or storing the firearm out of state legally.

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