Key Takeaways:
- Machine guns are not completely illegal in the United States.
- A 1986 law restricts the sale of machine guns made after May 19, 1986, but older models can still be legally bought and sold.
- Ownership depends on state laws and federal regulations.
In May 2025, a claim went viral stating that machine guns have been illegal in the U.S. since 1986. But is that really true? Let’s dive into the facts to set the record straight.
Understanding the Law
People often think machine guns are banned nationwide because of a law passed in 1986. The Firearm Owners Protection Act, or FOPA, did make some big changes to gun laws. One part of this law banned the sale of machine guns made after May 19, 1986. But here’s the twist: machine guns made before that date can still be bought and sold legally.
So, why do people think machine guns are illegal? It’s probably because they’re confused about what the law actually says. The 1986 law didn’t make all machine guns illegal—it just stopped factories from making new ones. If you want a machine gun today, you can still buy one, but only if it was made before May 19, 1986.
What Does the Law Really Say?
The Firearm Owners Protection Act is often misunderstood. It was designed to clarify and restrict certain parts of U.S. gun laws. When it comes to machine guns, the law says:
- Machine guns made before May 19, 1986, can be legally bought, sold, and owned in some states.
- Machine guns made after that date are illegal to sell or own, except for government agencies.
This means you won’t find new machine guns for sale at your local gun store. But if you’re interested in owning one, you can still purchase older models, as long as your state allows it.
How Do You Legally Own a Machine Gun?
Owning a machine gun is not as simple as walking into a store and buying one. There are strict rules you must follow:
- Age Requirement: You must be at least 21 years old to buy a machine gun.
- Background Check: You’ll need to pass a background check to ensure you don’t have a criminal record.
- State Laws: Some states completely ban machine guns, so you’ll need to check your local laws.
- Federal Registration: You must register the machine gun with the federal government and pay a fee.
Even with all these steps, buying a machine gun is still a rare and expensive process.
Why Is This Law Important?
The 1986 law was created to reduce the number of machine guns on the streets. Lawmakers were concerned about these weapons falling into the wrong hands. By stopping the production of new machine guns, they hoped to limit their availability over time.
However, the law doesn’t make all machine guns illegal. It’s more of a compromise between gun rights supporters and those who want stricter gun control.
What’s the Difference Between Illegal and Legal Machine Guns?
If a machine gun was made before May 19, 1986, it’s legal to buy and sell in states that allow it. But if it was made after that date, it’s illegal for civilians to own.
For example, a machine gun made in 1985 is legal, but one made in 1987 is not. This creates a market for older machine guns, which are highly sought after by collectors.
Why Do People Think Machine Guns Are Illegal?
A lot of the confusion comes from the fact that machine guns are heavily regulated. People often assume that if something is regulated, it’s illegal. But that’s not the case. Machine guns are legal, but they’re just very hard to get.
Movies and TV shows also play a role in the confusion. When you see machine guns in action films, they’re often shown as easy to get and use. This can create the illusion that owning one is both simple and illegal.
Conclusion
The claim that machine guns have been illegal in the U.S. since 1986 is simply not true. While the law restricts the sale of machine guns made after 1986, older models are still legal in some states.
If you’re interested in owning a machine gun, do your research first. Check your state laws, understand the federal regulations, and be prepared for a lengthy and expensive process.
Machine guns are a hot topic in the debate over gun control. Whether you support or oppose their ownership, it’s important to know the facts. By understanding the law, you can make informed decisions and contribute to the conversation.