Sean Davis / The Federalist:
Here Are The Actual Federal Laws Regulating Machine Guns In The U.S.
Reports, like those from ABC reporter Terry Moran, that machine guns
are perfectly legal in Nevada and other states are highly misleading.
Federal law, after all, pre-empts state law. In fact, under Nevada state
law, NFA items are only legal if they have been legally obtained and
registered under federal law. You can’t just waltz into the state with
an unregistered machine gun and expect to walk around scot-free. This is
the case in all states which allow possession of NFA items. Legal
federal ownership is a prerequisite in every case. If the NFA item is
not owned, registered, and stamped in compliance with federal laws and
regulations, then the item is illegal under state law.
In conclusion, fully automatic weapons are highly regulated under
both federal and state law. Only licensed entities are permitted to
manufacture, sell, or own them. Private civilian ownership of machine
guns is illegal unless the individual has been explicitly permitted by
the federal ATF to own them. All fully automatic weapons must be
registered with the federal government in a central registry with no
exceptions. A special tax is levied on all NFA items (machine guns,
suppressors, short-barreled rifles, short-barreled shotguns, and
destructive devices) with no exceptions.
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