State Machine Guns

(This section was last updated August 17, 2010.)

Alabama law does not restrict the possession or transfer of machine guns. Federal law generally allows the possession of machine guns manufactured prior to May 19, 1986 so long as they are registered. See our Machine Guns policy summary for comprehensive discussion of this topic.

Alaska generally penalizes anyone who “manufactures, possesses, transports, sells, or transfers a prohibited weapon.”¹ Alaska defines the term “prohibited weapon” to include any “firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger.”² However, it is an affirmative defense to a prosecution under this provision that the manufacture, possession, transportation, sale, or transfer of the prohibited weapon was in accordance with registration under the National Firearms Act, a federal law governing machine guns and certain other weapons.³ The National Firearms Act generally allows private citizens to possess machine guns manufactured prior to May 19, 1986 so long as they are registered.

Alaska law requires local officials to complete the forms required under federal law for transfer of a machine gun within 30 days.⁴

Alaska law also provides that a person may not bring a civil action for damage or harm caused by an individual for whom a “federal firearm certificate” was executed if the action arises from the execution of the federal firearm certificate by a public official with the authority under federal law to execute the certificate and the individual causing the damage or harm:

(1) is the transferee of the firearm; and

(2) at the time the certificate is executed either

(A) has a permit to carry a concealed handgun issued under Alaska law; or

(B) meets the qualifications imposed under Alaska law for obtaining a concealed handgun permit.⁵

A “federal firearm certificate” means the certificate required on a federal “Form 1 (Firearms)” (for Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) application to make a machine gun or certain specified firearms), “Form 4 (Firearms)” (ATF application for registration and transfer of machine guns and certain other firearms) or “Form 5 (Firearms)” (ATF application for tax-exempt transfer and registration of machine guns and certain other firearms).⁶

See our Machine Guns policy summary for a comprehensive discussion of this issue.

1. Alaska Stat. § 11.61.200(a)(3). [↩]
2. Alaska Stat. § 11.61.200(h)(1). [↩]
3. Alaska Stat. § 11.61.200(c). [↩]
4. Alaska Stat. § 18.65.810 (enacted in 2010). [↩]
5. Alaska Stat. § 09.65.270(a). [↩]
6. Alaska Stat. § 09.65.270(b). [↩]

(This section was last updated June 28, 2010.)

Arizona includes machine guns in the definition of “prohibited weapon,” and prohibits anyone from knowingly manufacturing, possessing, transporting, selling, or transferring a prohibited weapon. However, this rule does not apply if the machine gun is registered pursuant to federal law or has been classified as a curio or relic by the U.S. treasury department.¹ Federal law generally allows machine guns to be registered so long as they were manufactured prior to May 19, 1986.

See Machine Guns & Automatic Firearms Policy Summary for for a comprehensive discussion of this issue.

1. Ariz. Rev. Stat. §§ 13-3101(A)(8)(iii), (B), 13-3102(A)(3). [↩]

Arkansas defines “machine gun” as “a weapon of any description by whatever name known, loaded or unloaded, from which more than five (5) shots or bullets may be rapidly, or automatically, or semi-automatically, discharged from a magazine, by a single function of the firing device.”¹

Possession or use of a machine gun for “offensive or aggressive purpose” is prohibited and punishable by imprisonment in the state penitentiary for 10 years or more.²

With limited exceptions, possession of a machine gun is presumed “offensive or aggressive” when it is:

• On premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun may be found;

• In the possession of or used by an unnaturalized foreign-born person or a person who has been convicted of a crime of violence in any court of record, state or federal, of the United States of America, its territories or insular possessions;

• In the immediate vicinity of empty or loaded pistol shells of 30 (.30 in. or 7.63 mm.) or larger caliber which have been or are susceptible of use in the machine gun.³

Arkansas requires all manufacturers of machine guns to register all machine guns manufactured or handled.⁴

A person commits criminal use of a prohibited weapon if, except as authorized by law, he or she uses, possesses, makes, repairs, sells, or otherwise deals in a machine gun.⁵ However, it is a defense to prosecution for a violation of this section under circumstances “negating any likelihood that the weapon could be used as a weapon.”⁶

See our Machine Guns policy summary for a comprehensive discussion of this issue.

1. Ark. Code Ann. § 5-73-202(2). [↩]
2. Ark. Code Ann. § 5-73-204. [↩]
3. Ark. Code Ann. § 5-73-205. [↩]
4. Id. [↩]
5. Ark. Code Ann. § 5-73-104. [↩]
6. Id. [↩]

See our Machine Guns policy page for further information.

California prohibits any person from possessing, knowingly transporting, selling, offering to sell, or knowingly manufacturing a machine gun without a permit. California also prohibits intentionally converting a firearm into a machine gun.¹ The definition of “machine gun” in California law is identical to the definition in federal law. The term also includes any weapon deemed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives as readily convertible to a machine gun.²

The California Department of Justice (“DOJ”) may issue permits for the possession, manufacture, or transportation of machine guns only upon a satisfactory showing of good cause.³ The permit must be kept where the firearms are kept, and the permit must be open to inspection by law enforcement.⁴ DOJ may also grant licenses effective for not more than one year for the sale of machine guns to persons authorized to receive them at the place specified in the license.⁵

Any illegally possessed machine gun must be surrendered to DOJ, and DOJ will destroy it, unless a judge or district attorney files a statement with DOJ stating that its preservation is necessary to serve the ends of justice.⁶

1. Cal. Penal Code § 32625. [↩]
2. Cal. Penal Code § 16880. [↩]
3. Cal. Penal Code § 32650. [↩]
4. Cal. Penal Code § 32660. [↩]
5. Cal. Penal Code § 32700. [↩]
6. Cal. Penal Code § 32750. [↩]

(This section was last updated October 25, 2010.)

Colorado prohibits the knowing possession of a “dangerous weapon,” which includes a machine gun.¹ Limited exceptions exist for peace or military officers when acting in the lawful discharge of their duties, and persons with a valid permit to possess a machine gun.² Federal law generally allows the possession of machine guns manufactured prior to May 19, 1986 so long as they are registered.

See our Machine Guns & Automatic Firearms policy summary for a comprehensive discussion of this issue.

1. Colo. Rev. Stat. § 18-12-102(1), (3). [↩]
2. Colo. Rev. Stat. § 18-12-102(5). [↩]

(This section was last updated April 19, 2011.)

Connecticut prohibits any person from: 1) possessing or using a machine gun for an offensive or aggressive purpose; or 2) transferring, selling or giving a machine gun to a person under age 16, including the temporary transfer of a machine gun to such person for use in target shooting or on a firing or shooting range or for any other purpose.¹

The possession or use of a machine gun is presumed to be for an offensive or aggressive purpose when:

• The machine gun is on premises not owned or rented, for bona fide permanent residence or business occupancy, by the person in whose possession the machine gun was found;

• In the possession of, or used by, an unnaturalized foreign-born person;

• In the possession of, or used by, a person convicted of a crime of violence in any state or federal court;

• The machine gun has been adapted to use projectiles of any caliber and has not been registered; or

• Empty or loaded projectiles of any caliber which have been or are capable of use in the machine gun are found in the immediate vicinity of such firearm.²

Any machine gun adapted to use projectiles of any caliber must be registered in the office of the Commissioner of Emergency Services and Public Protection within 24 hours after its acquisition and, thereafter, annually, on July first.³ The application must show the model and serial number of the gun, the name, address and occupation of the person in possession, and from whom and the purpose for which the gun was acquired. Any person who fails to register any gun as required hereby shall be presumed to possess the same for an offensive or aggressive purpose. The registration data shall not be subject to inspection by the public.⁴

Manufacturers of machine guns must keep a register of all such firearms.⁵ This register shall show the model and serial number, and the date of manufacture, sale, loan, gift, delivery or receipt of each machine gun, the name, address and occupation of the person to whom the machine gun was sold, loaned, given or delivered or from whom it was received, and the purpose for which it was acquired by the person to whom the machine gun was sold, loaned, given or delivered.⁶

See our Machine Guns policy summary for a comprehensive discussion of this issue.

1. Conn. Gen. Stat. § 53-202(c). “Machine gun” is defined as a weapon of any description, loaded or unloaded, which shoots, is designed to shoot or can be readily restored to shoot automatically more than one projectile, without manual reloading, by a single function of the trigger, and includes any part or combination of parts designed for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. Conn. Gen. Stat. § 53-202(a). [↩]
2. Conn. Gen. Stat. § 53-202(d). [↩]
3. Conn. Gen. Stat. § 53-202(g). [↩]
4. Id. [↩]
5. Conn. Gen. Stat. § 53-202(f). [↩]
6. Id. [↩]

(This section was last updated January 18, 2011.)

Delaware prohibits any person from selling, transferring, purchasing, receiving or possessing a “destructive weapon,” including any machine gun or firearm that is adaptable for use as a machine gun.¹ This prohibition does not apply to: 1) members of the U.S. military or a police force in Delaware duly authorized to carry a machine gun; or 2) persons possessing machine guns for scientific or experimental research and development purposes, which firearms have been duly registered under the National Firearms Act of 1968 (26 U.S.C. § 5801 et seq.).²

Federal law generally allows the possession of machine guns manufactured prior to May 19, 1986 so long as they are registered.

See our Machine Guns policy summary for a comprehensive discussion of this issue.

1. Del. Code Ann. tit. 11, § 1444(a). [↩]
2. Del. Code Ann. tit 11, § 1444(b). [↩]

(This section was last updated September 20, 2010.)

The District of Columbia deems machine guns unregisterable, thereby prohibiting possession of these firearms.¹ Unregisterable firearms cannot be sold or transferred in the District.² The District defines a machine gun as:

[A]ny firearm which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term “machine gun” shall also include the frame or receiver of any such firearm, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a firearm into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.³

District law also provides that any manufacturer, importer or dealer of a machine gun will be held strictly liable for any direct and consequential damages resulting from injuries or death caused by these weapons:

Any manufacturer, importer, or dealer of a[]…machine gun shall be held strictly liable in tort, without regard to fault or proof of defect, for all direct and consequential damages that arise from bodily injury or death if the bodily injury or death proximately results from the discharge of the…machine gun in the District of Columbia.⁴

Any defense available in a strict liability action is available as a defense to an action brought under the District’s machine gun strict liability laws.⁵

See our Machine Guns policy summary for a comprehensive discussion of this issue.

1. D.C. Code Ann. § 7-2502.02(a)(2). See also D.C. Code Ann. § 22-4514(a) (prohibiting possession of a machine gun in the District). [↩]
2. D.C. Code Ann. §§ 7-2505.01, 7-2505.02(a). [↩]
3. D.C. Code Ann. § 7-2501.01(10). [↩]
4. D.C. Code Ann. § 7-2551.02. [↩]
5. D.C. Code Ann. § 7-2551.03(d). [↩]

(This section was last updated June 10, 2010.)

Florida law is silent regarding the manufacture, sale or transfer, transportation, licensing, or registration of machine guns and/or fully-automatic firearms. Florida prohibits any person from owning or having in his or her care, custody, possession, or control any machine gun which is, or may readily be made, operable. This prohibition does not apply to antique firearms or firearms that are lawfully owned and possessed under provisions of federal law.¹ Federal law generally allows the possession of machine guns manufactured prior to May 19, 1986 so long as they are registered.

See our Machine Guns policy summary for a comprehensive discussion of this issue.

1. Fla. Stat. §§ 790.221(1) and (3). “Machine gun” is defined as “any firearm, as defined herein, which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.” Fla. Stat. § 790.001(9). [↩]