what does it take to own a fully automatic weapon
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WEAPONS - GUN Control;
| January 12, 2009 | 2009-R-0020 (REVISED) | |
| SUMMARY OF State AND FEDERAL MACHINE GUN LAWS | ||
| By: Veronica Rose, Main Analyst Meghan Reilly, Enquiry Annotator | ||
You want to know how machine guns are regulated nether federal and state police force.
SUMMARY
Federal constabulary strictly regulates automobile guns (firearms that fire many rounds of ammunition, without manual reloading, with a single pull of the trigger).
Among other things, federal law:
i. requires all auto guns, except antique firearms, not in the U.Southward. government ' s possession to be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF);
two. bars private individuals from transferring or acquiring machine guns except those lawfully possessed and registered earlier May 19, 1986;
three. requires anyone transferring or manufacturing motorcar guns to get prior ATF approval and register the firearms;
4. with very limited exceptions, imposes a $200 excise tax whenever a machine gun is transferred;
5. confined interstate transport of machine guns without ATF approval; and
half-dozen. imposes harsh penalties for machine gun violations, including imprisonment of up to 10 years, a fine of upward to $250,000, or both for possessing an unregistered motorcar gun.
The lawful transfer of a car gun generally requires (1) filing a transfer application with ATF, (two) paying a transfer taxation, (three) getting ATF approval, and (iv) registering the firearm in the transferee ' s proper name. Transferees must pass an extensive criminal background investigation and meet the criteria for possessing firearms under state and federal law. Amid those ineligible are felons and people (1) fond to controlled substances, (ii) discharged under dishonorable conditions from the U.S. Armed Forces, or (3) adjudicated mentally defective or committed to a mental institution.
Under Connecticut police, private citizens may own machine guns, provided the firearms are registered pursuant to federal law and with the Department of Public Safety (DPS). Failure to register a machine gun with DPS is presumed possession for an offensive or aggressive purpose. Possession of a machine gun for an offensive or ambitious purpose is punishable by a fine of up to $1,000, imprisonment for five to ten years, or both.
There is no age requirement for "possessing" machine guns equally a class of weapons under federal or country law. Age restrictions more often than not apply 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 country law, the effective historic period for possessing handguns appears to be 21. With regard to long guns, minors age 12 to 16 must obtain a Department of Environmental Protection (DEP) junior firearms hunting license, which allows them to chase with firearms nether supervision. People over historic period sixteen can go a DEP license for unsupervised firearm hunting.
FEDERAL LAW AND Car GUNS
Federal constabulary defines a motorcar gun as "any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than i shot, without transmission 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 motorcar gun, and any combination of parts from which a auto gun tin be assembled (26 USC � 5845(b), 27 CFR �� 478.11 & 479.11). It does not include "antique firearms" (26 USC � 5845(a) & (g)).
Since 1934, Congress has strictly regulated the manufacture, transfer, and possession of machine guns. The firearms are regulated past 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 Deed (xviii 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, Agency of Alcohol, Tobacco and Firearms was within the Treasury Section. The 2002 Homeland Security Act transferred it to the Justice Section and inverse its proper noun to the Bureau of Alcohol, Tobacco, Firearms and Explosives.)
National Firearms Act
With limited exceptions, the NFA imposed (1) a $200 excise tax (making taxation) on the manufacture of motorcar guns (other than by qualified manufacturers that pay a special occupational tax and on the manufacture of machine guns by or on behalf of a land or federal bureau) and (2) a $200 excise tax on each transfer of a machine gun (transfer tax). It also imposed a special occupational taxation 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 automobile guns not in the possession, or nether the control, of the U.S. regime to be registered with the Treasury, including those possessed by states and political subdivisions (e.g., constabulary departments) (28 USC � 5841).
For transfer tax 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 (1) transfers of registered firearms between licensees (importers, manufacturers, and dealers) who have paid the special occupational tax; (2) transfers to state or federal agencies; (iii) exportation of firearms (provided advisable proof of the consign is provided to ATF and documentation completed); or (4) transfer of unserviceable firearms equally divers in law (26 USC �� 5851-5854 & 27 CFR �� 479.88-91). ATF also does not consider any of the following activities as a transfer for tax purposes (1) possession of auto guns by employees who take custody of the firearms within the telescopic of their employment and for the licensee ' s business organization purposes, (2) distribution of registered firearms to lawful heirs, and (three) 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 (1) identification of the firearm, (ii) registration date, and (three) identification and accost of the person to whom the firearm is registered (26 USC � 5841). A registered owner who moves to a different in-state accost must notify ATF of the new address.
The Firearm Owners ' Protection Act
The Firearm Owners ' Protection Deed banned noncombatant transfer and possession of auto guns not in circulation before May 19, 1986. Specifically, it restricts the transfer and possession of motorcar guns except for:
1. "transfers to or by, or possession by or nether the dominance of, the United states or any section or agency thereof or a Land, or a section, agency, or political subdivision thereof; or
2. whatsoever lawful transfer or lawful possession of a machinegun that was lawfully possessed before [May 19, 1986]" (xviii USC � 922(o) & 27 CFR � 478.36).
Nether ATF regulations, qualified manufacturers may brand machine guns for sale to federal agencies or qualified licensees and special occupational taxpayers as "sales samples" for demonstration to prospective government customers (27 CFR � 479.105). They may likewise brand them for export in compliance with the Arms Export Control Act and Department of State regulations (27 CFR � 479.105).
Process for Acquiring Auto Guns
An unlicensed individual may acquire auto guns, with ATF approval, from its lawful owner residing in the same state as the individual (27 CFR �� 479.84 & 479.105). The transferor must file an ATF application, which must be completed past both parties to the transfer
and executed under penalties of perjury, and pay a $200 transfer tax to ATF. The application must include detailed information on the firearm and the parties to the transfer (26 USC � 5812 & 27 CFR � 479.84).
The transferee must certify on the application that he or she is not disqualified from possessing firearms on grounds specified in law. He or she must submit with the application (1) two photographs taken within the past twelvemonth; (ii) fingerprints; and (three) a re-create of any state or local permit or license required to buy, possess, or acquire machine guns (27 CFR � 479.85).
An appropriate police force enforcement official must as well 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 state or federal police (27 CFR � 479.85).
Approvals and Denials. Anyone acquiring a auto gun must, as office of the registration process, laissez passer an extensive Federal Bureau of Investigation criminal background investigation. If ATF denies an application, information technology must refund the taxation. Gun owners must go on approved applications as testify of registration of the firearms and brand them available for inspection by ATF officers.
Eligibility Criteria for Acquiring Machine Guns
ATF cannot approve an application if the transfer, receipt, or possession of the firearm would place the transferee in violation of police. . . (27 CFR � 479.65).
Federal Constabulary. It is a violation of the NFA for whatever of the following to acquire or posses firearms, including auto guns:
1. anyone under indictment for or convicted of a felony,
2. fugitives from justice,
iii. illegal aliens,
4. anyone unlawfully using or addicted to controlled substances,
five. anyone subject 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 institution,
8. people who have renounced their U.S. citizenship, or
9. anyone who has been convicted of misdemeanor crime of domestic violence (18 USC � 922g).
An bidder wanting to register a machine gun must certify, under penalty of perjury, on the required ATF grade that he or she is not butterfingers from acquiring or possessing firearms on any of these grounds.
(The NFA as well contains age requirements equally they pertain to firearm transfers. These and state requirements are discussed at the end of the report.)
Country Constabulary. It is a violation of state constabulary for convicted felons and the following people to possess any firearms, including auto guns—anyone:
1. convicted of a serious juvenile criminal offence;
two. who knows he or she is under a protective or restraining social club in a instance involving the use or threatened apply of concrete forcefulness;
three. subject to a firearm seizure order issued afterwards notice and a hearing opportunity; or
4. prohibited under federal law from possessing or aircraft firearms because he or she was adjudicated equally a mental defective or committed to a mental establishment, unless granted relief from this disability (CGS � 53a-217).
Motorcar Guns in Interstate Commerce
It is mostly unlawful for anyone, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector transporting relics or curios, to transport a machine gun in interstate or foreign commerce (xviii USC � 922(a)(4) and 27 CFR � 478.28(c)). But ATF may
qualify a registered owner to transport a machine gun in interstate or foreign commerce where reasonably necessary and consequent with public safe and applicable country and local law (27 CFR � 478.28(a)).
Violations
Under federal constabulary, information technology is illegal to do whatever of the following with regard to car guns:
1. engage in business organisation as a manufacturer, importer, or dealer without registering or paying a special occupational tax;
2. make, receive, possess, transport, deliver, or transfer the firearm in violation of the NFA;
iii. receive a firearm not identified by a serial number as required;
4. obliterate, remove, change, or modify the firearm ' south serial number; or
5. make or cause to be made any false entry on any application, return, or required record (26 USC � 5861).
The criminal penalties in the Gun Control Act include both felonies and misdemeanors. Fines and penalties for felonies are at least $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 law also provides for forfeiture of firearms and ammunition involved in NFA violations (26 USC � 5872).
A willful attempt to evade or defeat the taxation is a felony punishable by upwards to five years in prison and a $100,000 fine ($500,000 for corporations) under the general tax evasion statute (26 USC � 7201). For an individual, the $100,000 for tax evasion fine could be increased to $250,000 (18 USC 3571(b)(three)).
State Constabulary
State law defines a auto gun every bit whatsoever weapon, loaded or unloaded, that shoots, is designed to shoot or tin be readily restored to shoot automatically more than one projectile by a single office of the trigger without manual reloading. This definition includes whatsoever office or combination of parts designed to get together, or convert a weapon into, a automobile gun (CGS � 53-202(a)).
With express exceptions, the law requires anyone who owns a automobile gun to register it with DPS within 24 hours of acquiring it and annually thereafter on July 1 (CGS � 53-202(thou)). The registration requirement does non apply to car guns (1) manufactured for auction or transfer to the U.S. government, states, territories, or political subdivisions or (two) rendered inoperable by welding.
Manufacturers must maintain a register of motorcar guns they manufacture or handle. For each firearm, the register must show the (1) model and serial number; (two) appointment of manufacture, auction, loan, gift, delivery, or receipt; (3) name, accost, and occupation of the transferor and transferee; and (4) purpose for which information technology was acquired. Manufacturers must make their registers and gun stock available for inspection by constabulary enforcement officials. Violations are punishable by a fine of upwardly to $2,000 (CGS � 53-202(f)).
There is a presumption that a auto gun is possessed for an offensive purpose if information technology is:
1. located on premises not endemic or rented equally a business or residence by the person possessing it,
2. in the possession of an unnaturalized foreign built-in person,
3. possessed by anyone convicted of a fierce crime,
4. not registered as required, or
5. when empty or loaded projectiles are found in the firsthand vicinity of the firearm (CGS � 53-202(d)).
The presence of a machine gun in a room, boat, or vehicle is presumptive evidence of possession or utilize of the firearm by each occupant (CGS � 53-202(eastward)). Using or possessing a auto gun for an offensive or aggressive purpose is punishable by a maximum $ane,000 fine, imprisonment for five and x years, or both (CGS � 53-202(c)).
The restrictions on auto guns do not apply to auto guns (1) manufactured for sale or transfer to the U.Due south. government, states, territories, or political subdivisions; (two) rendered inoperable by welding; or (3) acquired, transferred, possessed, and registered under the NFA (CGS � 53-202(h)).
Age RESTRICTIONS AND FIREARM POSSESSION
There is no age requirement for "possessing" machine guns as a grade of weapons under federal or state law. Age restrictions more often than not utilize 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 historic period 21. It mostly prohibits nondealers from transferring them to anyone under age 18 and prohibits such minors from possessing them. Minors under age eighteen may receive and possess handguns only with a parent or guardian's written permission for limited purposes (e.g. employment, ranching, farming, target practise, or hunting). Also, minors under age xviii who are members of the U. S. Armed forces or National Guard tin can possess them on duty (xviii USC 922x and 922b). Federal law prohibits FFLs from selling or transferring long guns to minors under age 18. Simply it does non address sales or transfers by nondealers or possession by minors (18 USC � 922(b) and 27 CFR � 178. 99(b)(1)).
Land law does non explicitly set a minimum age for possessing firearms. But the practical upshot of three laws appears to make the minimum historic period 21. One law (with one minor exception) prohibits transferring a handgun to anyone under age 21 (CGS � 29-34). Another prohibits anyone from acquiring a handgun without an eligibility certificate or permit (CGS � 29-36f). A third prohibits carrying a handgun without a permit (CGS � 29-35). People under age 21 cannot get the let or certificate.
The simply age related provision in state law pertaining to long guns (shotgun and rifles) allows minors age 12 to 16 to obtain a DEP junior firearms hunting license, which allows them to chase with firearms under supervision. People over age 16 can get a DEP license for unsupervised firearm hunting (CGS � 26-27(a) and 26-38).
VR:ts
Source: https://www.cga.ct.gov/2009/rpt/2009-R-0020.htm