📅 2026 Update: Changes in Automatic Gun Laws

Since the original article on automatic gun laws was written, there have been no significant legislative changes regarding automatic weapons from 2024 to 2026. The legal landscape remains stable, with the same regulations still in effect. The earlier article continues further down the page and provides foundational information on this topic.

📝 Current Fees and Costs

The federal tax stamp for transferring or making an automatic weapon remains at $200. This tax is required under the National Firearms Act (NFA). This fee has not changed since the last update, continuing to be a significant consideration for those interested in automatic weapons.

⏳ Processing Times

The approval time for an automatic weapon application submitted to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) can vary. However, specific processing times have not been provided in the current sources. Applicants should prepare for possible delays in receiving approval.

📄 Application Process

To possess an automatic weapon legally, individuals must submit an application to the ATF. This includes undergoing a thorough background check and paying the $200 tax. This process has not changed, ensuring that applicants must still meet all requirements before obtaining an automatic weapon.

🚫 Eligibility Rules

Certain individuals are prohibited from owning automatic weapons. This includes those with felony convictions, fugitives, illegal aliens, and individuals with domestic violence restraining orders. These restrictions continue to play a crucial role in the eligibility criteria for owning such firearms.

📍 State Regulations

State laws regarding automatic weapons can differ significantly. For example, South Carolina prohibits the possession of automatic guns, with exceptions for military and law enforcement personnel. It’s essential to understand the specific laws in your state, as they may add further restrictions beyond federal regulations.

📌 Key Points Summary

  • 🔫 Federal tax for automatic weapons remains at $200.
  • ⏳ Approval times for applications can vary but details are not specified.
  • 📄 Applicants must submit to a background check and pay the tax.
  • 🚫 Certain individuals remain prohibited from ownership.
  • 📍 State laws may impose additional restrictions on automatic weapon possession.

💡 Tips for Understanding Automatic Gun Laws

Reviewing your situation with an attorney can help clarify the specific legal requirements you must meet.

📑 Know the Application Requirements

Make sure to gather all necessary documents for your application to the ATF. This includes personal identification and any supporting paperwork that may be required.

📋 Understand Background Check Criteria

Before applying, be aware of the background check criteria. Individuals with felony convictions or domestic violence issues will likely be disqualified from obtaining an automatic weapon.

🗓️ Pay Attention to Submission Deadlines

Applications must be submitted before taking possession of an automatic weapon. Ensure you complete your application promptly to avoid legal issues down the line.

🏛️ Utilize ATF Resources

The ATF offers resources that provide detailed information about the requirements for possessing automatic weapons. Consult these resources to stay informed about any updates or changes.

🚨 Keep Up with State Laws

Always review the specific laws in your state regarding automatic weapons. State regulations may differ from federal laws, and compliance is essential to avoid penalties.

🏆 Free Options Ranked by User Reviews (2026)

Currently, no national paid service meets the review threshold for this area, so this section highlights free government and nonprofit resources that can assist with understanding automatic gun laws.

🥇 1. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

The ATF provides comprehensive resources and guidance on the legal requirements for possessing automatic weapons. They help clarify the application process and eligibility criteria for interested individuals.

🥈 2. State Law Enforcement Agencies

State agencies often have resources that outline local laws regarding automatic weapons. These agencies can help clarify specific regulations that may apply in your area, ensuring you stay compliant with state laws.

🥉 3. Local Gun Rights Organizations

Many local nonprofit organizations work to educate the public about gun ownership laws. These groups can offer workshops or informational sessions that break down complex laws regarding automatic weapons.

4️⃣ Community Legal Assistance Programs

Some communities have legal assistance programs that provide free consultations on gun laws. They can help individuals understand their rights and responsibilities when it comes to owning automatic weapons.

🔎 Check Before Paying for Assistance

  • 🧐 Assess the credentials of any service provider.
  • 📄 Look for reviews or ratings from other users.
  • 📞 Confirm that they offer the specific help you need.
  • ✅ Verify that they are familiar with both federal and state laws.

❓ Frequently Asked Questions

🤔 What is an automatic weapon?

An automatic weapon is defined as any firearm that automatically reloads and fires continuously when the trigger is pressed. This includes machine guns and certain assault rifles.

📅 How do I apply for an automatic weapon?

To apply, individuals must submit an application to the ATF, undergo a background check, and pay a $200 tax. This application must be submitted before taking possession of the firearm.

🚷 Who cannot own an automatic weapon?

Individuals prohibited from owning automatic weapons include felons, fugitives, illegal aliens, and those subject to domestic violence restraining orders. Age restrictions also apply, as individuals under 21 are disqualified.

📌 Are there state-specific laws I need to know?

Yes, state laws regarding automatic weapons can vary significantly. Some states, like South Carolina, prohibit the possession of automatic guns, except for military and law enforcement personnel.

⏱️ How long does the application process take?

The processing time for an application can vary, but specific current times are not provided. Applicants should prepare for potential delays in approval.

💵 What fees are involved in owning an automatic weapon?

The primary fee is a $200 federal tax stamp required for the transfer or making of an automatic weapon. This fee is mandatory under the National Firearms Act.

⚖️ Recent Cases Related to Automatic Gun Laws

Recent court rulings have addressed various aspects of automatic gun laws, including eligibility and state regulations. These cases highlight the ongoing legal landscape surrounding automatic weapons and their ownership.

You can browse more rulings on the news page to find the latest updates on automatic gun laws and related cases.

End of October 2026 Update





First introduced in the late 1800s, automatic firearms are those that, automatically reload and fire as long as their triggers are pressed down. By comparison, other forms of firearms require multiple trigger pulls to discharge consecutive rounds.

Before getting into the specific laws, one must understand how automatic weapons are defined by Federal and state governments. Various laws have labeled all automatic weapons as "machine guns" and have classified them as-any weapon that is capable of firing fully automatic rounds regardless of weight, ammunition, caliber, or size.

The term "machine gun" is easily confused, because the military definition states that-a machine gun is a heavy weapon which is operated on a support system and fires automatically. Since high-powered weapons like the Gatling gun are not common in everyday society, the governing bodies decided that a broad term such as "machine guns" could encompass all automatic weapons.   

Automatic Gun Laws

Fully-automatic weapons were first available to purchase in the early 1910s. Crime caused by automatics was never an issue until the prohibition of liquor was passed in 1919. During this time-frame (1919 to where prohibition was repealed in 1933) organized crime was mounting and the use of sub-machine guns (specifically the Tommy gun) was commonplace.

Following the lead of several states who restricted the sale of machine guns, newly appointed President Franklin D. Roosevelt made it a point to place federal restrictions on automatic weapons. FDR campaigned vigorously to regulate the automatics market, famously saying in 1934- "Federal men are constantly facing machine-gun fire in the pursuit of gangsters."

The result of FDR's impassioned effort was the creation of the National Firearms Act of 1934. This groundbreaking legislation (which is still active) forces a citizen to go through a comprehensive process before obtaining an automatic weapon. Possession of automatics entail:a minimum $200 tax paid to the IRS, and an approval from the United States Treasury Department.

Unlike an application for a handgun permit, the federal license needed to purchase an automatic weapon involves, stringent background checks, a sworn affidavit detailing "justifiable cause", and a detailed mental test that shows no signs of threats to society. 

After the initial legislation was passed to restrict automatics, a series of provisions on both the state and Federal level soon followed.



Important laws pertaining to automatic weapons

The Fireman Owners' Protection Act-banned civilian transfer and possession of machine guns not in circulation before May 19, 1986. Through ATF regulation, manufacturers of machine guns may only sell to federal agencies or qualified license holders.



The following individuals will not be able to acquire or possess automatics

1. anyone convicted of a felony

2. fugitives

3. illegal aliens

4. anyone using or addicted to controlled substances

5. anyone subject to a domestic violence restraining order

6. dishonorably charged veterans

7. anyone committed to a mental institution

8. people who have renounced their U. S. citizenship

9. anyone who has been convicted of misdemeanor crime of domestic violence

10. anyone under the age of 21 years old



State Laws pertaining to automatics

As oppose to handguns, State laws governing automatic weapons are universal. State law defines an automatic weapon as any firearm that can fire more than one projectile by a single depression of a trigger without manual reloading. State law requires an individual to register his automatic weapon with the local Department of Safety within 24 of hours of obtainment. State law forces all manufacturers of machine guns ro maintain a registry which documents all production and sales numbers.

Records must include: model and serial number; date of manufacture, name, address, and occupation of the purchaser and reason for which it was purchased. All of this information, as well as the manufacturer's stock of automatics must be made readily available for law enforcement inspection. 

The presence of an automatic weapon in a public environment is considered illegal. Using or possessing automatics in an offensive or aggressive manner is punishable by a maximum sentence of 10 years in prison.