Curious about what it actually takes to legally manufacture a machine gun? Whether your interest comes from history, collecting, or technical fascination, this question often stirs both curiosity and confusion. Laws around machine gun production are among the strictest in the US, creating a maze of rules that many find hard to navigate.
In this article, we break down the legal requirements, necessary steps, and practical tips to help you understand what’s involved in this highly regulated process.
Related Video
Can You Legally Manufacture a Machine Gun? The Full Breakdown
When it comes to manufacturing a machine gun, U.S. federal law has some of the strictest and most nuanced rules in the world. The idea might sound straightforward, but in practice, the process is layered with complex laws, licensing requirements, and heavy penalties for violations. If you’ve ever wondered if it’s possible—and how—it’s crucial to understand the legal landscape before taking any steps.
Let’s break down everything you need to know about the legal manufacture of machine guns in the United States.
What Exactly is a Machine Gun?
A machine gun isn’t just any gun that fires quickly. Under federal law, a machine gun is defined as any firearm that can fire more than one round with a single trigger pull, even if it’s only one extra round. This definition also includes parts or conversion kits that can turn a regular firearm automatic.
The Short Answer: Is Manufacturing a Machine Gun Legal?
For most private citizens, manufacturing a machine gun is illegal under federal law. However, there are very limited exceptions, and certain licensed entities can legally manufacture machine guns if they follow strict ATF requirements. Here’s the gist:
- Private individuals: Cannot legally manufacture new machine guns for personal use.
- Licensed manufacturers: Must have specific federal licenses and only manufacture for select purposes (military, law enforcement, or research).
Why Are Machine Gun Laws So Strict?
Federal restrictions stem from the National Firearms Act (NFA) of 1934 and were greatly tightened by the Firearm Owners’ Protection Act (FOPA) of 1986. The latter law (18 U.S.C. 922(o)) banned civilian possession or manufacture of any machine gun not already legally owned and registered before May 19, 1986.
Key points:
– No new machine guns for civilians.
– Only pre-1986 machine guns may be transferred or owned by civilians (and even then, only if registered).
– Newly manufactured machine guns may only be made for qualified dealers, government agencies, or the military.
How to Legally Manufacture a Machine Gun: The Legal Path
If you’re set on legally manufacturing a machine gun, here are the steps and requirements—beware, the bar is high and the path is narrow.
1. Become a Federal Firearms License (FFL) Holder
You must obtain the correct type of FFL to manufacture firearms. Specifically, you’ll need:
- Type 07 FFL: For manufacturing firearms other than destructive devices.
- Type 10 FFL: For manufacturing destructive devices (includes certain machine guns).
2. Register as a Special Occupational Taxpayer (SOT)
An FFL alone does not permit you to deal with machine guns. You must also pay for the right to handle NFA items, which includes machine guns. This registration is called paying the “Class 2 SOT” (for manufacturers).
3. File the Right ATF Forms
To produce NFA items (including machine guns), you must submit an ATF Form 2, which notifies the ATF that you’re making a regulated firearm. For every machine gun you intend to manufacture, this form is required.
4. Follow All Record-Keeping and Security Requirements
Licensed manufacturers are subject to strict recordkeeping, security measures, and regular compliance inspections. The ATF keeps close watch on all NFA items, especially machine guns.
5. Manufacture Only for Legal Purposes
Licensed manufacturers may only produce new machine guns for:
- Authorized government agencies
- Authorized military uses
- Law enforcement sales
- Research and development (with clear documentation)
Selling or transferring newly made machine guns to unqualified individuals is a serious felony.
6. Additional State or Local Requirements
Some states have further restrictions that are even tougher than federal rules—always check your local laws before proceeding.
Charting the Path: Step-By-Step Overview
-
Obtain the Right FFL License
Apply for and receive a Type 07 or Type 10 FFL. -
Register as a SOT (Class 2)
Pay the Special Occupational Tax for NFA firearm manufacturing. -
Submit ATF Form 2
File notification with the ATF for each machine gun manufactured. -
Manufacture With Strict Compliance
Ensure your processes, record-keeping, and purpose strictly meet federal and state requirements.
Important Details and Challenges
The 1986 Cutoff
If you’re a private citizen, you cannot manufacture or take possession of a machine gun unless it was registered on or before May 19, 1986. Anything newer is prohibited, no exceptions.
Penalties for Illegal Manufacture
Violations can carry federal prison sentences of up to 10 years, massive fines, and a permanent ban from firearms ownership.
Regular ATF Inspections
Expect routine checks of your operations, security, and records. The government takes NFA compliance extremely seriously.
State Law Hurdles
Some states outright ban all machine guns, no matter your federal status. Others impose special licensing, registration, or restrictions.
Special Case: Government and Military Contract Manufacturers
The only entities allowed to manufacture new machine guns today are federally licensed manufacturers making them for qualifying entities such as:
- The U.S. military or foreign military sales
- Federal, state, or local law enforcement agencies
- Government research or contractors
These contracts must be documented, and the end users strictly vetted.
Practical Tips and Best Practices
If you’re navigating this field—whether as a prospective manufacturer or a potential legal machine gun owner—keep these practical points in mind:
- Consult an expert: Always talk to an attorney specializing in firearms law before making any decisions.
- Document everything: Keep meticulous paperwork for licensing, registration, manufacturing, and transfer processes.
- Stay updated on laws: Firearm laws change frequently, and penalties for non-compliance are severe.
- Mind the local rules: Even with federal approval, state laws can block or further restrict your activities.
- Evaluate your intentions: Unless you’re a government contractor or similar entity, manufacturing a machine gun is likely not a legal or practical option.
Key Takeaways
- For private citizens, manufacturing a new machine gun is outright illegal, with virtually no exceptions.
- Only licensed manufacturers operating under heavy federal oversight and for qualified government, military, or law enforcement use may legally make machine guns.
- Compliance with both federal and state regulations is mandatory—and closely monitored.
Frequently Asked Questions (FAQs)
Can a private citizen ever manufacture a machine gun legally?
No. Federal law prohibits civilians from manufacturing or possessing machine guns made after May 19, 1986. Only machine guns registered before that date may be owned, and even those must go through rigorous legal channels.
What type of license do you need to manufacture machine guns?
You’ll need a Federal Firearms License for manufacturing (Type 07 or Type 10) and must be registered as a Class 2 Special Occupational Taxpayer. This combination is required for legal machine gun manufacture.
Are there any exceptions to the 1986 machine gun ban?
Only government agencies, military contracts, and licensed manufacturers producing for those entities are exempt. Private citizens and typical businesses do not qualify for exceptions.
What happens if someone manufactures a machine gun illegally?
The penalties are severe: up to 10 years in federal prison, substantial fines, and loss of firearms rights for life.
Is it possible to legally convert a semi-automatic firearm into a machine gun?
No, you cannot legally convert a semi-auto firearm into a machine gun unless you are a properly licensed and registered manufacturer doing so for an approved government contract. For civilians, such conversions are strictly illegal.
Understanding these rules is not just a matter of paperwork—it’s the difference between staying on the right side of the law and committing a serious federal crime. If you’re interested in the world of machine guns, always do your research, consult legal experts, and never cut corners. The consequences are much too risky.
