Understanding the US Ban on Automatic Weapons and the Reality of Ownership

Since the 1920s and 1930s, when notorious gangsters like Al Capone used weapons such as the Thompson Submachine Gun and Browning Automatic Rifle, the US has seen significant changes in its gun laws. This article delves into the current state of automatic weapon ownership in the United States, addressing why civilians are prohibited from owning them and the realities of owning such weapons today.

The Historical Context and Early Laws

During the 1920s and 1930s, the use of automatic weapons by criminal entities, such as gangsters, led to widespread atrocities. As a result, numerous states passed laws prohibiting the possession of machine guns. However, these laws varied by state, leading to a mixed landscape of regulations.

1934: The National Firearms Act

In a significant legislative move, Congress passed the National Firearms Act (NFA) in 1934. This act aimed to regulate the manufacturing, transfer, and possession of certain firearms, including machine guns. The NFA did not outright ban the possession of automatic weapons in states that had not previously outlawed them, but it required them to be registered with the US Treasury Department. Additionally, it imposed a federal tax of $200, payable annually, on the transfer or possession of automatic firearms.

Current Legal Landscape and Ownership

Despite historical and legislative changes, it is a common misconception that US civilians cannot own automatic weapons. In reality, owning an automatic weapon is possible, albeit through a highly regulated process and often at a significant cost.

Meeting the Requirements

For an American citizen to own a machine gun, the following steps must be taken:

Living in a State Permitting Automatic Weapon Ownership: Only residents of certain states in the US can legally own machine guns. States with relatively permissive gun laws often have provisions for civilian ownership of automatic weapons. Lack of Criminal History: Applicants must not have a criminal record, as owning an automatic weapon is considered a federal offense for felons. Applying for a Federal Tax Stamping: The applicant must complete a federal application process and pay a $200 tax stamp. This process also includes a year-long background check. Affordability: Owning a machine gun is extremely expensive due to the tax stamp and the rarity of the weapons. A rare machine gun can cost upwards of $30,000, plus the $200 tax each year.

Why Owning Machine Guns is a Luxury

Several factors contribute to the high cost and limited accessibility of owning automatic weapons in the US:

Expensive Ammunition

One of the primary reasons machine guns are not widely owned is the cost of ammunition. Machine guns require a large amount of ammunition to function, making them a prohibitive investment for the average citizen.

Precarious Nature and Lack of Accuracy

Automatic weapons are primarily designed as terror weapons, with the rattle of gunfire often causing panic. They are not accurate and can spray bullets in an uncontrolled manner. This makes them a high risk for civilians, not just the intended target. For example, during the Vietnam War, soldiers with full-auto M16s often faced a “dumb look” experience after exhausting their magazines, rendering them defenseless.

Regulatory Barriers and Cost

The complex regulatory barriers and high costs associated with owning a machine gun suggest that they are intended for a select few. The annual $200 tax and the stringent background check process indicate that the government is not interested in making these weapons easily accessible to the general public.

Conclusion

While it is possible for US citizens to own automatic weapons, the process is complex, expensive, and subject to significant barriers. The reality is that owning an automatic weapon is a luxury reserved for those who can afford it and live in states that permit such ownership. The current laws and regulations reflect a balance between allowing limited civilian access to these powerful weapons and maintaining public safety.