what is required to own a fully automatic weapon

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January 12, 2009		2009-R-0020 (REVISED)
SUMMARY OF STATE AND FEDERAL Car GUN LAWS
By: Veronica Rose, Master Annotator Meghan Reilly, Research Analyst

Y'all desire to know how car guns are regulated under federal and country law.

SUMMARY

Federal police force strictly regulates machine guns (firearms that burn down many rounds of ammunition, without transmission reloading, with a single pull of the trigger).

Among other things, federal constabulary:

1. requires all machine guns, except antique firearms, not in the U.S. government ' south possession to be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF);

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

3. requires anyone transferring or manufacturing automobile guns to get prior ATF approval and register the firearms;

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

5. confined interstate send of machine guns without ATF blessing; and

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

The lawful transfer of a machine gun generally requires (ane) filing a transfer application with ATF, (2) paying a transfer revenue enhancement, (3) getting ATF approval, and (4) registering the firearm in the transferee ' southward name. Transferees must laissez passer an all-encompassing criminal background investigation and meet the criteria for possessing firearms under country and federal law. Amid those ineligible are felons and people (i) fond to controlled substances, (2) discharged under dishonorable weather condition from the U.S. Armed Forces, or (three) adjudicated mentally defective or committed to a mental establishment.

Nether Connecticut police, private citizens may own automobile guns, provided the firearms are registered pursuant to federal law and with the Department of Public Condom (DPS). Failure to register a machine gun with DPS is presumed possession for an offensive or ambitious purpose. Possession of a machine gun for an offensive or ambitious purpose is punishable by a fine of upward to $1,000, imprisonment for v to 10 years, or both.

At that place is no age requirement for "possessing" machine guns as a course of weapons nether 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 under age 21.  It generally prohibits nonlicensees from transferring them to people under historic period 18 and prohibits such minors from possessing them. Under land law, the effective age for possessing handguns appears to be 21. With regard to long guns, minors historic period 12 to 16 must obtain a Section of Ecology Protection (DEP) junior firearms hunting license, which allows them to hunt with firearms under supervision. People over historic period xvi tin can get a DEP license for unsupervised firearm hunting.

FEDERAL LAW AND Car GUNS

Federal police force defines a machine gun every bit "whatever weapon which shoots, is designed to shoot, or tin can be readily restored to shoot, automatically more than 1 shot, without manual reloading, past a single function of the trigger." This definition includes the frame or receiver, any office or combination of parts designed and intended, solely and exclusively, for use in converting a weapon into a auto gun, and any combination of parts from which a automobile gun can be assembled (26 USC � 5845(b), 27 CFR �� 478.11 & 479.eleven). Information technology 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 Act as amended by the 1986 Firearms Owners ' Protection Act (eighteen USC � 921 et seq.).

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

National Firearms Act

With limited exceptions, the NFA imposed (1) a $200 excise taxation (making revenue enhancement) on the manufacture of machine guns (other than by qualified manufacturers that pay a special occupational tax and on the industry of machine guns past or on behalf of a land or federal agency) and (2) a $200 excise taxation on each transfer of a machine gun (transfer tax). It also imposed a special occupational tax on people and entities engaged in the business of importing, manufacturing, and dealing machine 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.Due south. authorities to be registered with the Treasury, including those possessed past states and political subdivisions (due east.k., police departments) (28 USC � 5841).

For transfer revenue enhancement purposes, a "transfer" involves "selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of" the firearm (26 USC � 5845(j)). Information technology does not apply to (one) transfers of registered firearms betwixt licensees (importers, manufacturers, and dealers) who have paid the special occupational tax; (2) transfers to state or federal agencies; (3) exportation of firearms (provided appropriate proof of the export is provided to ATF and documentation completed); or (4) transfer of unserviceable firearms every bit defined in police (26 USC �� 5851-5854 & 27 CFR �� 479.88-91). ATF too does not consider any of the following activities as a transfer for taxation purposes (1) possession of machine guns past employees who take custody of the firearms within the scope of their employment and for the licensee ' southward business organization purposes, (2) distribution of registered firearms to lawful heirs, and (iii) temporary transfers to federal firearm licensees for repair.

The registration requirement applies to manufacturers, importers, and anyone or entity transferring a motorcar gun. It applies when a firearm is fabricated, transferred, or imported, and to functional and unserviceable firearms as well as curios and relics. The registration information required includes the (i) identification of the firearm, (2) registration appointment, and (3) identification and address of the person to whom the firearm is registered (26 USC � 5841). A registered owner who moves to a different in-state address must notify ATF of the new address.

The Firearm Owners ' Protection Human activity

The Firearm Owners ' Protection Act banned noncombatant transfer and possession of machine guns non in circulation before May 19, 1986. Specifically, information technology restricts the transfer and possession of motorcar guns except for:

one. "transfers to or past, or possession by or nether the authority of, the United states of america or any department or agency thereof or a State, or a section, agency, or political subdivision thereof; or

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

Under ATF regulations, qualified manufacturers may make automobile guns for auction to federal agencies or qualified licensees and special occupational taxpayers equally "sales samples" for demonstration to prospective regime customers (27 CFR � 479.105). They may as well brand them for consign in compliance with the Artillery Export Control Act and Section of State regulations (27 CFR � 479.105).

Procedure for Acquiring Car Guns

An unlicensed individual may acquire machine guns, with ATF approving, from its lawful possessor residing in the same country equally the individual (27 CFR �� 479.84 & 479.105). The transferor must file an ATF application, which must be completed by both parties to the transfer

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

The transferee must certify on the awarding 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; (ii) fingerprints; and (three) a copy of any state or local permit or license required to buy, possess, or acquire machine guns (27 CFR � 479.85).

An appropriate constabulary enforcement official must besides certify whether he or she has any information indicating that the firearm will be used for other than lawful purposes or that possession would violate land or federal law (27 CFR � 479.85).

Approvals and Denials. Anyone acquiring a motorcar gun must, as function of the registration process, pass an all-encompassing Federal Agency of Investigation criminal background investigation. If ATF denies an application, information technology must refund the tax. Gun owners must keep approved applications every bit evidence of registration of the firearms and make them bachelor for inspection by ATF officers.

Eligibility Criteria for Acquiring Machine Guns

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

Federal Law. Information technology is a violation of the NFA for any of the following to acquire or posses firearms, including automobile guns:

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

2. fugitives from justice,

3. illegal aliens,

4. anyone unlawfully using or addicted to controlled substances,

v. anyone subject field 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 establishment,

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

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

An applicant wanting to annals a machine gun must certify, under punishment of perjury, on the required ATF form that he or she is not disqualified from acquiring or possessing firearms on whatsoever of these grounds.

(The NFA besides contains age requirements as they pertain to firearm transfers. These and state requirements are discussed at the end of the report.)

Country Law. It is a violation of state law for convicted felons and the following people to possess any firearms, including auto guns—anyone:

1. convicted of a serious juvenile offense;

ii. who knows he or she is under a protective or restraining club in a instance involving the utilize or threatened utilize of physical force;

three. field of study to a firearm seizure lodge issued after notice and a hearing opportunity; or

iv. prohibited under federal police force from possessing or shipping firearms considering he or she was adjudicated as a mental defective or committed to a mental institution, unless granted relief from this disability (CGS � 53a-217).

Auto Guns in Interstate Commerce

Information technology is generally unlawful for anyone, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector transporting relics or curios, to transport a automobile gun in interstate or foreign commerce (18 USC � 922(a)(iv) and 27 CFR � 478.28(c)). Simply ATF may

authorize a registered owner to transport a machine gun in interstate or foreign commerce where reasonably necessary and consistent with public safety and applicative country and local law (27 CFR � 478.28(a)).

Violations

Under federal constabulary, information technology is illegal to do whatsoever of the following with regard to automobile guns:

1. engage in business equally a manufacturer, importer, or dealer without registering or paying a special occupational revenue enhancement;

ii. make, receive, possess, transport, evangelize, or transfer the firearm in violation of the NFA;

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

iv. obliterate, remove, change, or modify the firearm ' s series number; or

five. make or crusade to be made any faux entry on any awarding, return, or required tape (26 USC � 5861).

The criminal penalties in the Gun Control Act include both felonies and misdemeanors. Fines and penalties for felonies are at to the lowest degree $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 police force likewise provides for forfeiture of firearms and ammunition involved in NFA violations (26 USC � 5872).

A willful effort to evade or defeat the tax is a felony punishable past up to five years in prison and a $100,000 fine ($500,000 for corporations) under the general taxation evasion statute (26 USC � 7201). For an individual, the $100,000 for tax evasion fine could exist increased to $250,000 (xviii USC 3571(b)(3)).

Land LAW

Land law defines a machine gun every bit any weapon, loaded or unloaded, that shoots, is designed to shoot or tin can be readily restored to shoot automatically more than one projectile by a single function of the trigger without manual reloading. This definition includes any part or combination of parts designed to assemble, or convert a weapon into, a machine gun (CGS � 53-202(a)).

With limited exceptions, the law requires anyone who owns a machine gun to annals it with DPS within 24 hours of acquiring it and annually thereafter on July 1 (CGS � 53-202(g)). The registration requirement does not use to car guns (1) manufactured for sale or transfer to the U.S. government, states, territories, or political subdivisions or (ii) rendered inoperable by welding.

Manufacturers must maintain a register of machine guns they manufacture or handle. For each firearm, the register must show the (one) model and serial number; (2) engagement of manufacture, auction, loan, gift, delivery, or receipt; (three) name, address, and occupation of the transferor and transferee; and (4) purpose for which information technology was acquired. Manufacturers must brand their registers and gun stock available for inspection by law enforcement officials. Violations are punishable past a fine of upward to $2,000 (CGS � 53-202(f)).

There is a presumption that a machine gun is possessed for an offensive purpose if it is:

1. located on premises not endemic or rented equally a concern or residence by the person possessing it,

2. in the possession of an unnaturalized strange born person,

3. possessed by anyone bedevilled of a violent criminal offence,

4. not registered as required, or

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

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

The restrictions on automobile guns practise non apply to car guns (1) manufactured for sale or transfer to the U.S. government, states, territories, or political subdivisions; (2) rendered inoperable past welding; or (3) caused, transferred, possessed, and registered under the NFA (CGS � 53-202(h)).

AGE RESTRICTIONS AND FIREARM POSSESSION

At that place is no age requirement for "possessing" machine guns equally a class of weapons under federal or land law. Age restrictions more often than not employ 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 generally prohibits nondealers from transferring them to anyone under 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 (due east.chiliad. employment, ranching, farming, target practice, or hunting).  Too, minors under age 18 who are members of the U. Due south. Armed Forces or National Guard tin can possess them on duty (18 USC 922x and 922b). Federal law prohibits FFLs from selling or transferring long guns to minors nether age 18.  Simply it does not address sales or transfers past nondealers or possession past minors (18 USC � 922(b) and 27 CFR � 178. 99(b)(1)).

State law does non explicitly set a minimum age for possessing firearms. But the practical effect of three laws appears to make the minimum age 21. One law (with i minor exception) prohibits transferring a handgun to anyone nether historic period 21 (CGS � 29-34). Another prohibits anyone from acquiring a handgun without an eligibility document or permit (CGS � 29-36f). A 3rd prohibits carrying a handgun without a let (CGS � 29-35). People nether age 21 cannot go the permit or certificate.

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

VR:ts

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Source: https://www.cga.ct.gov/2009/rpt/2009-R-0020.htm

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