Automatic weapons in USA

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The right to buy a weapon is reserved only to american citizens ? A resident (green card) can buy one ? An illgale person too ? (for the last one, i don't think if there is a pass the background check).
 
Most states don't restrict fully automatic firearms more than the federal controls. However, my state (Washington State, not Washington DC), does not allow fully automatic firearms at all.

Washington also has some other strange rules. We can own silencers (similarly restricted at the federal level like machine guns), but we can not attach them to a firearm...

You can ago to this site to see the state restrictions for National Firearms Act (NFA) firearms.
http://www.precisionweapons.com/cartgenie/pg_StateNfaRestrictions.asp

According to that map, there are only 7 states that prohibit machine gun ownership.
 
No, if you have a felony conviction or a are in the country illegally, you cannot buy/posess/use any firearm. If you are here legally, but from at country that we are at war with, you also may not posses one unless you are a bonafide citizen of the US.

At least, that's how I understand it.

I wanted to add on that in Illinois, you must posses a Firearms Owner ID to purchase a firearm of any type. You can buy an air powered pellet/bb gun, but not a firearm. Other states may have a similar requirement, but not many.

The background check is supposed to verify this information, and sometimes it takes longer. For me it usually takes 20 minutes, but sometimes there is a wait for a response from the FBI, up to 3 days from what I've been told by others who had to wait.
 
Bif:

From reading your responses, you're missing some key concepts which I will try to help out with, in short format.

Automatic: fires more than 1 shot per trigger pull
Semi-Automatic: fires ONE shot per trigger pull


Federal Law: As pertains to firearms, defines taxes & background checks for fully automatic weapons, short barrel long guns, explosives. Defines who is prohibited from owning armaments. Defines a system of licenses for the interstate commerce and manufacture of firearms. Defines a minimal background check against the list of prohibited persons for anyone buying from an FFL. (Federal Firearms Licensee, which is needed by anyone in the business of making, repairing, or selling guns.) Prohibits sale of firearms through the mail, prohibits individual sale across state lines, prohibits individual sale of handguns to residents of another state.

Prohibited Person, Federal Law: Person who has lost the right to posses firearms of any sort through conviction of serious crimes, currently defined as punishable by more than a year in prison, or by conviction of family assault.


Assault Weapon, Expired and Defunct Federal Definition: A semiautomatic firearm identified either by specific model number, or by possessing more than two of certain "evil" features such as flash hiders, collapsing stocks, bayonet mounts, etc


In addition to Federal laws, one must also adhere to State laws, which are all over the map. So, for any individual, they have to deal with Federal law PLUS State law.


Assault Weapon, State Definition: About 6 or 8 states regulate or prohibit "assault weapons", which they define differently. The expired Federal definition was modeled on NJ's state laws, other states such as CA defined them differently.

Broad categories of state laws:

Gun Friendly:

Most states are pretty gun friendly. They place no or few additional restrictions on purchase or possession of long guns or handguns. In most of these states, you can openly carry a handgun without a license, and you can generally obtain a license to carry concealed if you meet certain objective requirements.


Gun Hostile:

About 8 states are very hostile to guns and their owners, placing many additional restrictions on the sorts of guns that can be owned, and various licensing schemes on their owners. It ranges from difficult to impossible to legally carry a handgun for personal defense in those states. The states that no one will argue belong in this category are NY, NJ, MA, IL, CA, DC, and possibly MD.


Mixed States:

Some states are a mix. They tend not to regulate long guns, but put a lot of license and permit requirements on buying and carrying handguns. These states tend to be Southern, as the roots of gun control in the US are fundamentally racist, and although the structures have been weakened and largely de-racified, remnants exist.



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Fully automatic weapons, the bottom line:

In America, they are finite in number, highly regulated, very expensive, and relatively rare.
 
What is it exactly the NFA

That is the National Firearms Act of 1934.

It defined a tax a tax and regulation scheme for various classes of armaments, notably fully automatic, and short weapons made from long guns.

Originally, the act was going to include handguns as taxed and highly regulated, but this was ultimately rejected.

A lot of that law was concerned with preventing people from making handguns out of long guns, which is why there is all the concern with short barreled shotguns and rifles.

It also deals with explody type armaments, such as bazookas and hand grenades.
 
Bif - The National Firearms Act was enacted in 1934, and created a new class of regulated firearms and certain firearm-related items.

Before 1934, anyone could go into a store and buy a fully-automatic firearm, suppressor, or the like. The NFA changed things by requiring a $200 tax stamp before purchasing said guns and acessories, in effect banning them because the vast majority of the population could never afford to pay such a high price.

If I recall correctly, the act was created in response to organized crime - the gangsters were outgunning the police, and the act was meant to help curb the access gangsters had to the weapons. Of course, this didn't work, because gangsters don't obey laws.

Anyway - that's it in a nutshell. NFA laws restrict 9but do not prohibit) the posession of full-auto guns, suppressors, destructive devices, and short-barreled shotguns and rifles.

Now, in 1986 things changed again. Up until then, you could buy full-auto weapons at pretty much any gun shop, provided you paid the tax and were legally allowed to buy/own them in your state. But in 1986 a new law was passed that ended the importation or manufacture of any new full-auto weapons in the U.S., except for the military and certain civilian law enforcement groups and specially licensed dealers. This meant that the only full-auto weapons available from then on out were the ones already in the country, and of course, this caused the prices of said guns to rise astronomically. It's been that way ever since.

Suppressors and other NFA items weren't affected by this - you can still make suppressors and short barreled shotguns and rifles, but there is a process you must go through that involves paying Federal taxes and passing background checks.

Sorry if this is hard to explain, but it's pretty much the best way to explain laws that are at their core confusing and counterintuitive. Hope it helped!

*EDIT* Man, looks like I got beat to the punch a few times! That'll teach me to type out a detailed explanation of Federal firearms law! ;)
 
If I recall correctly, the act was created in response to organized crime

No, kingpin, that was the figleaf/public excuse.

What it was really about was the Veterans Bonus March that happened a very few years prior. It was violently put down, and scared the daylights out of Congress. More than a few vets had brought back belt fed war trophies and put them in their attics, and they knew it. None of the vets brought guns to the Bonus March, but after the tanks rolled through their camp, they weren't gonna wait for a rematch.
 
Good Thread.....

However watch this link....

(http://www.titleii.com/bardwell/nfa_faqhtml.html)

VIRUS! Trojan Blocked by my software! too bad I wanted to read it.

Googled James Bardwell and found info on different site with link and SAME results....Trojan Horse :cuss:
 
and for a Machine Gun to be owned by a private citizen, it has to have been made before the date the registry was closed in 1986, so any machine guns not owned by a manufacturer will be at least 25 years old +
 
Thanks a lot, now i understand better the weapon laws in USA.
You have a lot of chance to live in this country ! In my country, we must undergo the socialist politicians and their laws.
 
Bif, I'm sure glad you understand our gun laws here. Now maybe you can come over and explain them to us, 'cause I guarantee most of us don't understand our very bewildering array of gun laws, nor understand what a lot of them mean, nor why they were implemented in the first place. :cuss::cuss::cuss:
 
I understand american gun laws in generality, but i'm sure the laws are more specifical and complex in each state. Someone who know perfectly all laws in all states would be a genius ! :D
 
A very truncated timeline of Federal laws pertaining to Firearms:

1934: National Firearms Act. Taxed/regulated automatic arms, grenades, short barrels, silencers, etc

1968 Gun Control Act: Established FFL system, prohibited mail order, required accounting for ammunition, put interstate restrictions on firearms sales, plus a bunch of other fairly outrageous things that stayed in effect until

1986 Firearm Owners Protection Act: This stripped out the most egregious elements of the '68 act, put in protection for people traveling interstate, and at the last minute, closed the NFA machine gun registry. Consequently, the M16 that cost the .gov $250 in 1966 now sells for $17,000, even though it's worn out.

1993: Brady Act: Instituted federal background checks and waiting periods. Waiting periods eventually eliminated in favor of computerized instant check system.

1994: Assault Weapons Ban: Prohibited manufacture or sale of firearms with certain frightening characteristics. The law automatically expired in 2004 thanks to 10 year sunset provision.

1997: Lautenberg Amendment: Expanded definition of prohibited person to include misdemeanors of domestic violence.

2004: AWB expires.

2005: Tort reform for firearms manufacturers passes. Prior to this, people, assisted by anti gun groups would attempt to sue gun manufacturers for liability due to their weapons operating as intended, and for advertising to poor people.
 
The reality of firearms ownership in the U.S.

Bif,

I understand that the culture in France is VERY different than here in the USA. My Girlfriend grew up in France, and her attitudes are very French. We both find it difficult to understand each other because of this difference. We went to France together last summer, and I was surprised and pleased to see the local police armed with Sig-Sauer pistols, and the armed guards around the Eiffel Tower carrying military rifles.

Everyone else has done a good job of explaining the gun laws here in the U.S. Let me talk a little about the reality of gun ownership.

Location:

The reality depends greatly on where you are. In city areas, guns are not as popular with the good folks, and because of the large amount of criminal activity, guns are generally viewed as "bad." In a more suburban areas, guns are more popular, and many people go hunting and target shooting. There are hunting clubs with their own land, but there are also public lands set aside to help preserve wilderness, where hunting is allowed. In rural and farming areas, guns are viewed as tools, and are as common as cars or any other farm equipment.

These attitudes also vary widely, depending on the part of the U.S. that you are in. You can look at http://www.handgunlaw.us/ for much more information, and to get a feel for the attitudes and laws in different parts of our country.

Purchasing:

In most places, gun shops are not rare. The gun dealers have to be licensed by our Federal government, and every time you buy a gun you must fill out a form certifying many things, including that you are not a criminal. Your information on this form is called into a national database, and if you are approved, you get to buy the gun. This is not supposed to be "registration," but the records must be retained by the store forever. Some individual states add a lot of other requirements such as personal registration, individual gun registration, and a waiting period in which you have to wait a week or more to get the guns you have bought. I am fortunate to live in the state of Alabama, which has none of these extra restrictions.

I should also let you know that in the U.S., gun shops are not dark or scary places. Most are very much oriented towards sporting uses, and it is quite common to see whole families enjoying time there.

In most states, it is legal to buy a gun from another person, just as you would buy a car or other item, as long as the other person also lives in your state. No government paperwork is required, although many politicians are working hard to prevent these "private sales."

There are restrictions on which people are allowed to own any guns. You are forbidden to own guns if you are a criminal, or have been a criminal in the past, or if you have been judged insane, or in many other circumstances.

None of these laws prevent criminals from getting firearms at all. I have been repeatedly told that if you are a criminal that it is quite easy to get a gun illegally.

Carrying:

We do not normally carry guns visibly strapped to our hips. To carry a gun openly would almost certainly bring the police unless you are far out in the country. (There are many folks who are quite extreme who want to make open carry a common practice. You may find many of your questions answered by looking at the website http://www.opencarry.org/, and checking the maps section)

We do have "concealed carry" permits. (See http://www.handgunlaw.us/, as mentioned above.) In my state, it is a serious crime to carry a gun in a hidden way. It is even a crime to have a loaded gun in the car with you. These crimes will remove your right to ever own guns again. However, if you get a permit from the local law enforcement, you are allowed to do these things freely. You must be investigated to get these permits, and in some states you must pass courses on firearms usage. I have such a permit. There are many places where it is never legal to have a gun (government buildings, hospitals, etc.). However, when I am not in one of those places, I almost always have a hidden gun with me to defend myself in case I am attacked and my life is threatened. Unfortunately, my city has a lot of violent crime.

Carrying a gun legally does NOT make you a more violent and aggressive person. If anything, it tends to make you more calm and polite, and it makes you want to avoid trouble and walk away from a fight. It makes you work hard to avoid ever needing your gun.

Types of Guns:

As others have said, most U.S. citizens are allowed to own handguns, rifles, and shotguns. Guns commonly owned include those that require manipulation to load another bullet, and semi-automatic guns, which produce one shot for each trigger pull. However, full automatic guns are machine guns, and are extremely rare.

The guns that are for sale can be made to look like any military rifle. The term "assault rifle" is mostly meaningless, because it is not well defined, and because different definitions exist. Many guns that look like a military rifle are used by civilians for fun at the range, and for hunting. These are NOT the same as the proper military rifles, because they are only semi-automatic, NOT full automatic. In most states, these "evil-looking" rifles are now as freely available as any hunting rifle. Lots of people own them.

What is amusing to those of us who know something about guns is that "assault rifles" are far from the most dangerous guns available. Most common hunting rifles that look very traditional are many times more powerful than the common "assault rifles" that politicians and anti-gun folks are so upset about. It makes many of us think that these activists are not too smart, because they are outraged about appearances, and ignore the substantial truths.


So yes, guns are quite common in the U.S., but mostly we are NOT the crazy gun-slingers that the rest of the world seems to think we are. The "wild west" does not exist any more. Those of us who own guns legally are mostly responsible and very careful. We take great joy in exercising our right to own guns, a right which seems to be greatly restricted or denied in most of the world. We take great pride in our responsible ownership and our safety records.

That is a lot more than I had intended to write, but I hope that all of this information helps you, and anyone else who has cared to read it.
 
Bif,

To answer one of your questions, a permanent resident or greencard holder is legally able to purchase and own firearms. However if one is buying from a dealer and not a private owner, a permanent resident is required to produce proof of 90 days residency in the state where the firearm is being bought. All other rules pertienent to citizens apply as well, including the NICS background check, filling out the same form, etc.

Some states may have more stringent requorements for concealed carry for permanent residents but in general it is allowed.
 
I learn many things here. It's a good thing because USA is view in France by the weapons owners as the paradise and we always take this country for an example. Also, a lot of anti-guns are considering the USA as a bad place and they are always talking about the number of killed by weapons. I would like to answer to these attacks, i must to know the american gun laws, because it's very irritating to hearing the stupid personns talking about a country they don't know, only because they saw "bowling for columbine".
 
Bif - I'm glad you're interested in finding the truth of the matter, and doing what you can to combat some of the anti-gun hysteria. Just out of curiosity, are you doing this research for a school assignment? If so, what kind of class?
 
I think you will always find some poeple which has stereotypes towards americans, in all countries, not only in France.

It's not a school work, it's a personal research. I've many weapons, and each day, i'm attacked for that. I can't any more to see poeple listening some of our liberal politicians which are always talking about the USA "there are many criminality because of guns, there are 50,000 killed each year because of guns, we must to prohibit guns in our country !"
They just don't know what they are talking about. When you know exactly the situation, it's easy to answer. To defend the guns owners in France, it's a necessity to knowing the guns laws in the other countries, especially the "guns countries" like USA or Switzerland.
 
Also, a lot of anti-guns are considering the USA as a bad place and they are always talking about the number of killed by weapons.

I live in Chicago, with among the most restrictive gun laws in the country:
* No carrying firearms, open or concealed; it's completely outlawed.
* Handguns have been banned up until this last summer, but even now the restrictions are so severe and so problematic that in a city of 100,000 FOID card holders, only about 1000 have registered a handgun.
* Most common semi-automatic rifles are completely banned by the county.

The mayor has basically done everything he can to keep people from owning guns.

But what we've seen here is that only the good, law-abiding citizens obey these laws. We still have among the highest rate of violence in the country.

In other words, bad people will be bad. Strict firearms restrictions don't stop them. Similarly, lax firearm restrictions elsewhere in the country do not cause additional violence.
 
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