Jun 4, 2025

Possession of Machine Gun

Federal Machine Gun Laws: Penalties and Sentencing

Overview of Machine Gun Laws

Machine guns are highly regulated under federal law in the United States. The National Firearms Act (NFA) of 1934 and the Firearm Owners’ Protection Act of 1986 make it illegal for most civilians to possess, transfer, or manufacture machine guns. Only those machine guns registered before May 19, 1986, may be legally owned by civilians, and even then, strict regulations apply.

Penalties for Possessing a Machine Gun

What is the sentence for having a machine gun?

Possession of an unregistered machine gun is a federal offense. Under 18 U.S.C. § 922(o) and 26 U.S.C. § 5861, individuals found guilty of unlawfully possessing a machine gun face severe penalties. The law provides for up to 10 years in federal prison, substantial fines, and the forfeiture of the firearm.

How much time do you get for a machine gun?

The exact sentence depends on the circumstances of the case and the defendant’s criminal history. However, the maximum penalty for illegal possession or transfer of a machine gun is typically up to 10 years in prison. Sentencing guidelines may recommend less time for first-time offenders, but judges have discretion within the statutory limits.

How many years in jail for machine guns?

Federal law allows for a prison sentence of up to 10 years for unlawful possession, transfer, or manufacture of a machine gun. In cases involving aggravating factors, such as use of a machine gun in a violent crime, sentences can be even longer due to additional charges and mandatory minimums.

Exceptions and Legal Ownership

Is it legal to carry a machine gun?

In general, it is illegal for civilians to carry or possess a machine gun. Only machine guns registered before May 19, 1986, may be legally owned by civilians, and even then, strict federal and state regulations apply. Law enforcement and certain military personnel may possess machine guns in the course of their duties, but civilian ownership is extremely limited and highly regulated.

Conclusion

Federal law imposes harsh penalties for the illegal possession, transfer, or manufacture of machine guns. Anyone facing such charges should consult with a qualified attorney to understand their rights and potential defenses.

Possession of Machine Gun