Machine Guns: The Hughes Amendment, Registry, and Ownership

A machine gun, under federal law, is any firearm that fires more than one round with a single pull of the trigger — and it also covers the parts designed to convert a firearm to automatic fire. Machine guns are the most heavily regulated NFA category, and understanding the law here is essential before you spend serious money.

The single most important fact: because of the 1986 Hughes Amendment, no machine gun manufactured after May 19, 1986 can be transferred to a private citizen. Only the fixed pool of pre-1986 registered machine guns is available to civilians, which is why they are expensive.

This is general information, not legal advice; verify with the ATF or a qualified attorney.

The legal definition

The NFA defines a machine gun as a weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot with a single function of the trigger. It also includes the frame or receiver of such a weapon and any combination of parts designed and intended to convert a firearm into a machine gun (for example, auto sears and certain conversion devices).

This is why possessing an unregistered auto sear or a drop-in conversion part is treated as possessing a machine gun.

The Hughes Amendment and the closed registry

The Firearm Owners Protection Act of 1986 (FOPA) included the Hughes Amendment, which banned civilian transfer of machine guns made after May 19, 1986. As a result, the number of civilian-transferable machine guns is frozen — the 'closed registry.'

Machine guns registered before that date are called 'transferable' and can be bought and sold by qualified private citizens (subject to state law). Because supply is fixed and demand keeps rising, transferable machine guns often cost tens of thousands of dollars or more.

Transferable, dealer samples, and pre-samples

There are three practical categories. Transferable machine guns (pre-1986) are the only ones a regular civilian can own. Post-1986 'dealer samples' can be possessed only by licensed dealers who are Special Occupational Taxpayers (SOTs), generally to demonstrate to law enforcement or military customers.

'Pre-samples' (made between 1968 and 1986) can be retained by a former SOT dealer even after they drop their license, while post-1986 samples generally cannot.

Transferable: pre-1986, available to qualified civilians
Post-1986 dealer samples: SOT dealers only
Pre-samples (1968-1986): can be retained after dropping SOT

How the transfer works

Buying a transferable machine gun from a dealer uses the same ATF Form 4 and $200 tax stamp as other NFA items, along with fingerprints, a photo, and CLEO notification. Transfers between two SOT dealers use a Form 3 (tax-free between licensees).

Because of the money involved, buyers frequently use an NFA trust and work with a specialist dealer.

State-law variance and transport

Many states ban civilian machine gun ownership entirely, even for registered pre-1986 items. Where they are legal, moving one across state lines requires an approved ATF Form 5320.20 in advance, just like SBRs and SBSs.

Check our state NFA reference to confirm machine gun legality in your state before pursuing a purchase.

Frequently asked questions

Can I legally buy a new full-auto rifle?

Not as a private citizen. The Hughes Amendment bars civilian transfer of any machine gun made after May 19, 1986. You can only buy from the closed pool of pre-1986 'transferable' machine guns, which is why they are so expensive.

Why are transferable machine guns so expensive?

Because supply is permanently fixed. No new machine guns can enter the civilian market, so the finite pre-1986 registry meets steadily growing demand, driving prices into the tens of thousands of dollars and higher.

Is owning an auto sear the same as owning a machine gun?

Yes. The NFA treats a combination of parts designed to convert a firearm to automatic fire — including auto sears — as a machine gun. An unregistered sear is illegal to possess; a registered pre-1986 sear is a transferable NFA item.

What is a dealer sample?

A dealer sample is a post-1986 machine gun that only a licensed SOT dealer can possess, typically to demonstrate to government or law-enforcement customers. Regular civilians cannot own post-1986 samples.

Last reviewed 2026-07-07.