Yes, You can legally own a machinegun
Transferable Machine Guns - Buying a Transferable Machinegun - BRP CORP
The Process
Ever since the National Firearms Act of 1934, individuals buying machineguns have required the same procedure for each machinegun.
1) Federal transfer form with fingerprints and photographs for the background check.
2) One-time transfer tax of $200.
When your form is approved, a Federal stamp in the amount of $200 is attached to your form certifying approval. This form is your ‘permission slip’ to own that specific machinegun.
Eligibility:
1. You must be a US citizen over 21
2. You must not have been convicted of a crime
3. You must live in a state and jurisdiction that does not prohibit machineguns.
Getting a Gun Transferred to You
Per the rules setup under the National Firearms Act, machineguns cannot be transferred interstate between individuals. If you find a transferable machinegun in your state, you can have it transferred directly to you on an ATF Form 4. If you buy a machinegun outside of your state, you must utilize a Federal Firearms Licensee (FFL) who also has a Special Occupational Tax (SOT) registration to first get the machinegun into your state. These dealers are typically referred to as “class 3 dealers.” They normally charge between $100 and $200 to facilitate the transfer process.
Transfers to dealers usually happen very quickly since there is no background check required (approximately 1-2 weeks). There are 3 types of ATF forms that are typically used for machinegun transfers:
Form 3 (tax exempt): FFL/SOT to FFL/SOT
Form 4 (transfer tax required):
to Individual/Corp (within the same state only)
Or
FFL/SOT to Individual (within the same state only) or FFL
Or
Individual to FFL/SOT
Or
Individual to Curio & Relic FFL (for C&R machineguns only)
Form 5 (tax exempt): Individual (deceased) to Heir (within the same state only)
If you buy the machinegun from an ‘individual’ in another state, he would transfer that gun to your dealer in your state on a Form 4. If you buy the machinegun from an FFL/SOT in another state, he would transfer that machinegun to your dealer in your state on a Form 3.
Once the machinegun is in your state, you must complete the Form 4 to get the machinegun transferred from the FFL/SOT to you.
Completing the Form
The Form 4 is a relatively simple two-page form. If you print it from the ATF web site (
http://www.atf.treas.gov/forms/5000.htm#firearms) , you must make sure that both pages are on the same sheet of paper. The form must be completed in duplicate. The first section is the information about the “transferee” (you) and the “transferor” (your dealer). The second section is the information about the gun.
There are three sections on the back page:
1) The standard “yes” and “no” questions you have to answer each time you purchase a gun.
2) Section 15 (“Transferee’s Certification”): This is where you state the reason you want the machinegun. Just be honest. Most people buy machineguns for investment, collecting, target shooting, etc.
3) Section 17 (“Law Enforcement Certification”): You should ask your dealer specifically whom you should go to get this section signed. Most local officials don’t want to sign anything they are unfamiliar with, so it’s important to be directed to the correct government agent or office to deal with this form. If you’re lucky you can get your fingerprints and law enforcement certification done in the same day.
If you are filing your Form 4 as a corporation, partnership, LLC, PA or other legal entity besides ‘individual,’ you do not complete Section 17.
The fingerprint cards and photographs are for your FBI background check. This is a standard background check that is done government job applicants, schools teachers, SEC registrants, etc.
What to Send to ATF:
1) Complete Form 4 in duplicate with original ink signatures, not copies.
2) Certification of US Citizenship Form
3) Two FBI-258 Fingerprint Cards
4) Check for $200
