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Fully Automatic License

2500 Views 6 Replies 5 Participants Last post by  4thIDvet
Hey Guys;
What is needed to legally own a machine gun? What kind of license, forms, stamp, tax, and other costs are involved (I'm in the state of SC)? Also, if I get the needed approvals and pay the fines, can I build my own FA firearm? Man, just a lot of questions today. I've always assumed that it would be too expensive for me to pursue. Heck, most likely is!
Bill
:biggrin:
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Hey Guys;
What is needed to legally own a machine gun? What kind of license, forms, stamp, tax, and other costs are involved (I'm in the state of SC)? Also, if I get the needed approvals and pay the fines, can I build my own FA firearm? Man, just a lot of questions today. I've always assumed that it would be too expensive for me to pursue. Heck, most likely is!
Bill
:biggrin:
Search button is your friend.

Federally:

No new machine guns can be made by non-licensees since 1986. You can't build one, period, unless you're an FFL07/SOT.

No license needed to own, but you do have to acquire an expensive transferable machine gun ($3000 minimum for a MAC-11, $10-15k for any common full auto battle rifle [ak,ar,fal,G3, etc] and up) plus the $200 federal tax stamp. You will need to file a form 4 with the ATF and your state laws, which allow possession with the proper tax stamp.

EDIT remove incorrect law cite! Thanks for the catch guys!

Mark
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Why not quote Section 16-23-250?

(pertinent part in bold, S.C. Code of Laws Title 16 Chapter 23 Offenses Involving Weapons - www.scstatehouse.gov-LPITS )
SECTION 16-23-250. Exceptions to application of article.

The provisions of this article do not apply to the Army, Navy, or Air Force of the United States, the National Guard, and organizations authorized by law to purchase or receive machine guns, military firearms, or sawed-off shotguns or sawed-off rifles, from the United States or from this State and the members of these organizations. Any peace officer of the State or of a county or other political subdivision, state constable, member of the highway patrol, railway policeman or warden, superintendent, head keeper or deputy of a state prison, correction facility, workhouse, county jail, city jail, or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases or persons on duty in the postal service of the United States or a common carrier while transporting direct to a police department, military, or naval organization or person authorized by law to possess or use a machine gun, or sawed-off shotgun, or sawed-off rifle, may possess machine guns, or sawed-off shotguns, or sawed-off rifles, when required in the performance of their duties. The provisions of this section must not be construed to apply to machine guns, or sawed-off shotguns, or sawed-off rifles kept for display as relics and which are rendered harmless and not usable.

The provisions of this article do not apply to any manufacturer of machine guns or military firearms licensed pursuant to the provisions of 18 U. S. C. Section 921 et seq., any person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered to grant this authorization, any common or contract carrier transporting or shipping any machine gun or military firearm to or from the manufacturer if the transportation or shipment is not prohibited by federal law, or persons licensed pursuant to Section 23-31-370.
Sure looks like if you jump through the appropriate Federal NFA hoops, South Carolina permits ownership of an automatic weapon!
You might want to call your state Atty General on this one, according to Bardwell, SC changed it's laws back in 2001 to allow all NFA items. He's usually on top of things like that:

State by State Chart of NFA Restrictions

edited to add: Ah, SJ seems to have found the usual exception in the state laws for federally registered items.
Why not quote Section 16-23-250?

(pertinent part in bold, S.C. Code of Laws Title 16 Chapter 23 Offenses Involving Weapons - www.scstatehouse.gov-LPITS )Sure looks like if you jump through the appropriate Federal NFA hoops, South Carolina permits ownership of an automatic weapon!
Good catch.... missed that one line authorized by treasury, which I would assume means a form 4.

Mark
Thanks Guys;
I kind of thought it would be an expensive process. May be worth pursuing in the future when "times" are better.
I did a search on this but thought it may open up a topic for discussion for all to enjoy/learn if I asked the question of our experts.
Bill
bsouthnow.

Thanks Guys;
I kind of thought it would be an expensive process. May be worth pursuing in the future when "times" are better.
I did a search on this but thought it may open up a topic for discussion for all to enjoy/learn if I asked the question of our experts.
Bill
What I did was set up a trust with the help of ProjectGuns.
The trust saved me from going too the local Sheriff for a sign off on my recent NFA purchase from Pirate.
I have a lot of L.O.s hang at my house and I am sure it would have been no problem getting signed.
But once you have the trust set up your good to go on NFA purchases. Local State laws permitting.
When I sent in the trust and form for purchase. I also included a copy of my C&R and other information to help speed up the process.
CCW permit etc..
Since I became a Mall Ninja I am spending money like a thirsty camel in the desert. :)
Wish I had the $$$ for a legal full auto.
Much better investment than leaving your cash in the bank at .0000001% interest.
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