Why Are Machine Guns Before 1986 Legally Purchasable?

Machine guns prior to 1986 are indeed legal to purchase, but the story behind this legality is complex and often misunderstood. The legal framework surrounding these weapons is a testament to the intricate and sometimes bizarre nature of U.S. firearm laws. This article aims to elucidate the reasons behind this legal gray area and the impact of the Firearm Owners Protection Act (FOPA), which, ironically, led to the effective ban on newly registered machine guns.

Overview of Machine Gun Regulations

Before delving into the legalities, it's important to understand the basic framework of machine gun regulation in the United States. The National Firearms Act (NFA) of 1934 established a registry for certain firearms, including machine guns. However, the situation became more complex in 1986 with the passage of the Firearm Owners Protection Act (FOPA).

Machine Guns and the NFA Registry

One of the key elements of owning a machine gun in the U.S. is registration with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Under the NFA, this registration required a steep $200 tax, which is still in place today. To lawfully possess a machine gun, one must:

Register it with the ATF Pay the $200 transfer tax Obtain and keep a tax stamp that proves payment of the tax

These steps are crucial, as failing to produce the tax stamp is a violation of federal law, leading to potential criminal charges.

The Firearm Owners Protection Act (FOPA)

The Firearm Owners Protection Act, passed in May 1986, introduced a significant change. The act closed the NFA registry, thereby ending the process of registering new machine guns. This had two key impacts:

Existing Machine Guns: Existing machines guns that were registered prior to the registry's closure remain legal and can be owned. However, the regulation becomes more stringent, as new machine guns cannot be registered. Black Market and Cash Deals: The closure of the registry did not end the demand for machine guns. The black market has thrived, with reputable and less reputable sources alike able to supply these weapons. This can be achieved through cash deals, which indeed circumvent the legal system. However, it is notable that the existence of a black market is not unique to machine guns but is a broader issue in the firearms industry.

Why the Ban via Regulation?

Ironically, the ban on new registrations is a classic case of "banning without banning." The legislation appears to provide a path to legitimacy but simultaneously stifles legal acquisition. The rationale behind such measures is often more political and less about public safety. The government may frame it as a move to prevent the spread of machine guns, but in practice, it can be seen as a regulatory strategy that limits access without fully prohibiting ownership.

Conclusion

Machine guns made before 1986 are legally available to U.S. citizens through a complex regulatory framework. While the legal eligibility of these weapons is due to the historical context and the NFA registry, the closure of the registry in 1986 has led to a paradoxical situation. The act of owning a new machine gun is practically impossible due to regulatory limitations, but pre-existing machines can be legally possessed. This highlights the intricate and often contradictory nature of U.S. firearm laws, where a ban is enacted through the guise of regulation, leaving a legacy of legal anomalies.