Can All Machine Guns Made Before 1986 Be Registered

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WEAPONS - GUN CONTROL;

OLR Research Report


January 12, 2009		2009-R-0020 (REVISED)
SUMMARY OF STATE AND FEDERAL Machine GUN LAWS

By: Veronica Rose, Primary Annotator Meghan Reilly, Research Analyst

You want to know how machine guns are regulated under federal and state police force.

SUMMARY

Federal law strictly regulates machine guns (firearms that fire many rounds of armament, without transmission reloading, with a single pull of the trigger).

Among other things, federal law:

1. requires all machine guns, except antique firearms, non in the U.S. government ' south possession to exist registered with the Agency of Alcohol, Tobacco, Firearms and Explosives (ATF);

2. confined private individuals from transferring or acquiring machine guns except those lawfully possessed and registered before May 19, 1986;

three. requires anyone transferring or manufacturing car guns to get prior ATF approval and annals the firearms;

4. with very limited exceptions, imposes a $200 excise tax whenever a machine gun is transferred;

5. bars interstate transport of auto guns without ATF approval; and

vi. imposes harsh penalties for automobile gun violations, including imprisonment of up to 10 years, a fine of up to $250,000, or both for possessing an unregistered machine gun.

The lawful transfer of a car gun generally requires (ane) filing a transfer awarding with ATF, (2) paying a transfer tax, (three) getting ATF blessing, and (4) registering the firearm in the transferee ' s name. Transferees must pass an extensive criminal background investigation and see the criteria for possessing firearms under state and federal police. Amid those ineligible are felons and people (ane) addicted to controlled substances, (2) discharged under dishonorable weather condition from the U.S. War machine, or (3) adjudicated mentally defective or committed to a mental institution.

Under Connecticut police, private citizens may own machine guns, provided the firearms are registered pursuant to federal constabulary and with the Department of Public Condom (DPS). Failure to register a motorcar gun with DPS is presumed possession for an offensive or aggressive purpose. Possession of a car gun for an offensive or aggressive purpose is punishable by a fine of upwardly to $1,000, imprisonment for v to x years, or both.

At that place is no age requirement for "possessing" machine guns every bit a course of weapons under federal or state law. Age restrictions generally utilise to handguns (pistols and revolvers) and long guns (shotguns and rifles) and transfer of these firearms. Federal law prohibits federal firearms licensees from transferring handguns to people nether historic period 21. It more often than not prohibits nonlicensees from transferring them to people under age eighteen and prohibits such minors from possessing them. Nether state police force, the constructive age for possessing handguns appears to be 21. With regard to long guns, minors age 12 to sixteen must obtain a Department of Ecology Protection (DEP) junior firearms hunting license, which allows them to hunt with firearms under supervision. People over historic period xvi can get a DEP license for unsupervised firearm hunting.

FEDERAL Law AND MACHINE GUNS

Federal police force defines a machine gun as "whatever weapon which shoots, is designed to shoot, or tin can be readily restored to shoot, automatically more than than one shot, without manual reloading, past a unmarried role of the trigger." This definition includes the frame or receiver, any part or combination of parts designed and intended, solely and exclusively, for utilise in converting a weapon into a machine gun, and any combination of parts from which a machine gun tin be assembled (26 USC � 5845(b), 27 CFR �� 478.eleven & 479.11). It does not include "antique firearms" (26 USC � 5845(a) & (g)).

Since 1934, Congress has strictly regulated the manufacture, transfer, and possession of auto guns. The firearms are regulated by the 1934 National Firearms Act (NFA) (26 USC � 5801 et seq.) and the 1968 Gun Control Human activity equally amended by the 1986 Firearms Owners ' Protection Act (18 USC � 921 et seq.).

The bureau responsible for administering and enforcing federal firearm laws, including car gun laws, is the Bureau of Alcohol Tobacco, Firearms and Explosives. (Until January 24, 2003, Bureau of Booze, Tobacco and Firearms was within the Treasury Section. The 2002 Homeland Security Deed transferred it to the Justice Department and changed its name to the Bureau of Alcohol, Tobacco, Firearms and Explosives.)

National Firearms Human action

With limited exceptions, the NFA imposed (1) a $200 excise tax (making tax) on the manufacture of machine guns (other than by qualified manufacturers that pay a special occupational tax and on the industry of machine guns by or on behalf of a state or federal agency) and (2) a $200 excise tax on each transfer of a automobile gun (transfer revenue enhancement). It also imposed a special occupational tax on people and entities engaged in the business of importing, manufacturing, and dealing car guns (26 USC �� 5821, 5852(b), 5853(b), 5852(c), and 5811(a), and 5801).

The NFA also required all machine guns not in the possession, or under the control, of the U.S. government to be registered with the Treasury, including those possessed past states and political subdivisions (east.g., police departments) (28 USC � 5841).

For transfer tax purposes, a "transfer" involves "selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of" the firearm (26 USC � 5845(j)). It does not employ to (1) transfers of registered firearms betwixt licensees (importers, manufacturers, and dealers) who have paid the special occupational taxation; (2) transfers to country or federal agencies; (three) exportation of firearms (provided appropriate proof of the export is provided to ATF and documentation completed); or (iv) transfer of unserviceable firearms every bit defined in police force (26 USC �� 5851-5854 & 27 CFR �� 479.88-91). ATF also does not consider any of the following activities as a transfer for tax purposes (1) possession of machine guns by employees who take custody of the firearms within the scope of their employment and for the licensee ' s business purposes, (2) distribution of registered firearms to lawful heirs, and (3) temporary transfers to federal firearm licensees for repair.

The registration requirement applies to manufacturers, importers, and anyone or entity transferring a machine gun. It applies when a firearm is made, transferred, or imported, and to functional and unserviceable firearms too as curios and relics. The registration information required includes the (i) identification of the firearm, (2) registration date, and (three) identification and address of the person to whom the firearm is registered (26 USC � 5841). A registered owner who moves to a different in-country address must notify ATF of the new address.

The Firearm Owners ' Protection Human action

The Firearm Owners ' Protection Act banned noncombatant transfer and possession of machine guns not in circulation earlier May nineteen, 1986. Specifically, it restricts the transfer and possession of machine guns except for:

1. "transfers to or by, or possession by or nether the authority of, the United States or any department or agency thereof or a Land, or a department, bureau, or political subdivision thereof; or

two. any lawful transfer or lawful possession of a machinegun that was lawfully possessed before [May 19, 1986]" (18 USC � 922(o) & 27 CFR � 478.36).

Under ATF regulations, qualified manufacturers may make machine guns for auction to federal agencies or qualified licensees and special occupational taxpayers as "sales samples" for demonstration to prospective government customers (27 CFR � 479.105). They may also make them for export in compliance with the Artillery Export Control Act and Department of Land regulations (27 CFR � 479.105).

Procedure for Acquiring Car Guns

An unlicensed private may acquire car guns, with ATF approval, from its lawful owner residing in the same state as the individual (27 CFR �� 479.84 & 479.105). The transferor must file an ATF awarding, which must be completed past both parties to the transfer

and executed under penalties of perjury, and pay a $200 transfer tax to ATF. The application must include detailed information on the firearm and the parties to the transfer (26 USC � 5812 & 27 CFR � 479.84).

The transferee must certify on the application that he or she is not disqualified from possessing firearms on grounds specified in law. He or she must submit with the awarding (1) two photographs taken within the past year; (2) fingerprints; and (iii) a copy of whatever country or local permit or license required to buy, possess, or larn machine guns (27 CFR � 479.85).

An appropriate law enforcement official must likewise certify whether he or she has any data indicating that the firearm will exist used for other than lawful purposes or that possession would violate state or federal law (27 CFR � 479.85).

Approvals and Denials. Anyone acquiring a machine gun must, as office of the registration process, pass an all-encompassing Federal Bureau of Investigation criminal background investigation. If ATF denies an application, information technology must refund the revenue enhancement. Gun owners must keep approved applications as bear witness of registration of the firearms and brand them available for inspection by ATF officers.

Eligibility Criteria for Acquiring Motorcar Guns

ATF cannot approve an application if the transfer, receipt, or possession of the firearm would place the transferee in violation of police. . . (27 CFR � 479.65).

Federal Law. It is a violation of the NFA for whatever of the following to acquire or posses firearms, including motorcar guns:

1. anyone under indictment for or convicted of a felony,

ii. fugitives from justice,

3. illegal aliens,

four. anyone unlawfully using or fond to controlled substances,

5. anyone subject to a domestic violence restraining order (issued in accordance with specified terms),

6. veterans discharged under dishonorable conditions,

7. anyone who has been adjudicated mentally lacking or committed to a mental institution,

8. people who take renounced their U.S. citizenship, or

9. anyone who has been convicted of misdemeanor law-breaking of domestic violence (18 USC � 922g).

An applicant wanting to register a car gun must certify, nether penalization of perjury, on the required ATF form that he or she is not disqualified from acquiring or possessing firearms on any of these grounds.

(The NFA also contains age requirements equally they pertain to firearm transfers. These and country requirements are discussed at the end of the written report.)

Land Law. It is a violation of state police for convicted felons and the post-obit people to possess whatever firearms, including machine guns—anyone:

ane. convicted of a serious juvenile offense;

two. who knows he or she is under a protective or restraining order in a case involving the utilize or threatened utilize of physical force;

three. subject to a firearm seizure order issued after notice and a hearing opportunity; or

4. prohibited under federal law from possessing or shipping firearms because he or she was adjudicated every bit a mental defective or committed to a mental institution, unless granted relief from this disability (CGS � 53a-217).

Machine Guns in Interstate Commerce

It is generally unlawful for anyone, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector transporting relics or curios, to transport a machine gun in interstate or foreign commerce (xviii USC � 922(a)(4) and 27 CFR � 478.28(c)). Only ATF may

qualify a registered owner to transport a auto gun in interstate or strange commerce where reasonably necessary and consistent with public rubber and applicable country and local police (27 CFR � 478.28(a)).

Violations

Under federal law, information technology is illegal to do any of the following with regard to motorcar guns:

i. engage in business every bit a manufacturer, importer, or dealer without registering or paying a special occupational tax;

2. make, receive, possess, ship, deliver, or transfer the firearm in violation of the NFA;

3. receive a firearm not identified by a serial number as required;

4. obliterate, remove, alter, or alter the firearm ' s serial number; or

5. brand or cause to exist made any imitation entry on any application, return, or required tape (26 USC � 5861).

The criminal penalties in the Gun Control Human action include both felonies and misdemeanors. Fines and penalties for felonies are at least $250,000 for individuals and $500,000 for organizations. For misdemeanors, the fines are up to $100,000 for individuals and $200,000 for organizations (18 USC � 924). The law also provides for forfeiture of firearms and ammunition involved in NFA violations (26 USC � 5872).

A willful endeavor to evade or defeat the tax is a felony punishable by upwardly to five years in prison house and a $100,000 fine ($500,000 for corporations) under the general tax evasion statute (26 USC � 7201). For an individual, the $100,000 for tax evasion fine could be increased to $250,000 (18 USC 3571(b)(iii)).

STATE LAW

Country police force defines a machine gun equally any weapon, loaded or unloaded, that shoots, is designed to shoot or can exist readily restored to shoot automatically more one projectile past a single part of the trigger without transmission reloading. This definition includes any role or combination of parts designed to gather, or convert a weapon into, a machine gun (CGS � 53-202(a)).

With limited exceptions, the police requires anyone who owns a machine gun to register information technology with DPS within 24 hours of acquiring it and annually thereafter on July 1 (CGS � 53-202(g)). The registration requirement does non apply to machine guns (1) manufactured for sale or transfer to the U.Due south. authorities, states, territories, or political subdivisions or (2) rendered inoperable by welding.

Manufacturers must maintain a register of auto guns they manufacture or handle. For each firearm, the register must show the (1) model and serial number; (two) date of manufacture, sale, loan, gift, delivery, or receipt; (iii) proper name, address, and occupation of the transferor and transferee; and (iv) purpose for which it was acquired. Manufacturers must make their registers and gun stock available for inspection past law enforcement officials. Violations are punishable by a fine of up to $2,000 (CGS � 53-202(f)).

At that place is a presumption that a machine gun is possessed for an offensive purpose if information technology is:

ane. located on premises non owned or rented equally a business or residence by the person possessing it,

ii. in the possession of an unnaturalized foreign born person,

3. possessed past anyone convicted of a violent criminal offense,

4. non registered as required, or

5. when empty or loaded projectiles are plant in the immediate vicinity of the firearm (CGS � 53-202(d)).

The presence of a machine gun in a room, boat, or vehicle is presumptive evidence of possession or utilise of the firearm by each occupant (CGS � 53-202(e)). Using or possessing a machine gun for an offensive or aggressive purpose is punishable by a maximum $1,000 fine, imprisonment for v and 10 years, or both (CGS � 53-202(c)).

The restrictions on machine guns exercise not apply to machine guns (i) manufactured for sale or transfer to the U.S. regime, states, territories, or political subdivisions; (2) rendered inoperable by welding; or (3) acquired, transferred, possessed, and registered nether the NFA (CGS � 53-202(h)).

AGE RESTRICTIONS AND FIREARM POSSESSION

At that place is no age requirement for "possessing" motorcar guns as a grade of weapons under federal or state law. Age restrictions generally use to handguns (pistols and revolvers) and long guns (shotguns and rifles) and transfer of these firearms, rather than possession.

Federal law prohibits dealers from transferring handguns to anyone under age 21. It more often than not prohibits nondealers from transferring them to anyone nether age 18 and prohibits such minors from possessing them. Minors under age 18 may receive and possess handguns only with a parent or guardian's written permission for limited purposes (e.g. employment, ranching, farming, target practice, or hunting). Also, minors nether age 18 who are members of the U. S. Military or National Guard can possess them on duty (xviii USC 922x and 922b). Federal law prohibits FFLs from selling or transferring long guns to minors under age 18. But it does non address sales or transfers by nondealers or possession by minors (18 USC � 922(b) and 27 CFR � 178. 99(b)(1)).

Land law does not explicitly prepare a minimum age for possessing firearms. But the practical upshot of three laws appears to brand the minimum age 21. One police force (with one minor exception) prohibits transferring a handgun to anyone nether age 21 (CGS � 29-34). Another prohibits anyone from acquiring a handgun without an eligibility certificate or let (CGS � 29-36f). A third prohibits carrying a handgun without a permit (CGS � 29-35). People under age 21 cannot get the let or certificate.

The only age related provision in state law pertaining to long guns (shotgun and rifles) allows minors age 12 to 16 to obtain a DEP inferior firearms hunting license, which allows them to chase with firearms under supervision. People over age sixteen can get a DEP license for unsupervised firearm hunting (CGS � 26-27(a) and 26-38).

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