Are assault rifles legal to own in the United States?

Now by “Assault Rifle” you mean the ones with 30 round magazines and are select fire? OR the “scary” Black Rifles that only shoot one round per pull of the trigger? IF you talk about the ACTUAL definition of a “Assault Rifle” that I provided at the start, THEN I would tell you that it’s PRACTICALLY illegal unless it’s pre-1986 (and you pay a $200 tax stamp and work with the ATF). IF you talk about the one that media pundits talk about, THEN you’re no different than the very pundits that make mistakes like that. But we’re all human and I’ll do some explaining. The Rifle you see in my profile picture is that of a Bushmaster AR-15 semi-auto sporting rifle. It DOES look like a “military style” AR-15, however, you would notice it only has two settings: Safe and Fire. Why these two settings and not the last one that would have it spraying bullets? Because it is SPECIFICALLY designed to only shoot one bullet at a time per pull of the trigger (otherwise known as “Semi-Auto”). The reason such confusion exists is due to the fact that A LOT of people are ignorant of firearms operation types as well as even uninterested in how they TRULY work and that is often what leads to “bans” being proposed, but never making it past Congress (since WHAT gun owning American would want to see a MAJOR infringement of their Second Amendment which CLEARLY states “The RIGHT to keep and bear arms (INCLUDING semi/full auto weapons) *SHALL NOT BE INFRINGED*”. In short, the MORE we educate people on the topic of the ACTUAL principles of firearms THEN the more we could have reductions in the push for excessive federal overreach.

First we must determine what you think an assault weapon is. Then we can answer the question.

Most poorly educated Americans and all anti-gun liberal fascists think that “scary black guns that have cosmetic appearances that resemble military firearms” are assault weapons. They are not.

Assault weapons, in terms of military firearms, can be traced back to the introduction of the “Brown Bess” musket by the British. Prior to that while firearms were used to aid in the attack on fortified positions the bulk was done with sword and pike.

The Brown Bess gave the military of Great Britain enough firepower and a lug bayonet to carry the attack.

Fast forward to “The Great War” and the ability of the soldier to rapid fire jumped exponentially. Most of the forces carried bolt action rifles. 1 action, 1 bullet not much different than the previous weapons. Yet the Americans introduced the Thompson and Browning Automatic Rifle. The Brits had Thompson’s and Lewis guns. Italians had the Rigotti. The Germans the Sturmpistole. All lightweight, all rapid fire and all saw action.

World War 2 and nearly everybody abandoned the bolt action in favor of the semi-automatic, clip feed, recoil operated rifle. So many variations we won’t discuss them except to say they were just another weapon system, which like the Brown Bess, allowed the infantry to carry the attack.

The Cold War exploded and the assault weapon inventory boiled down to the M-16/AR-15 and the AK-47. Neither one that much advanced over the weapons of WW1 in terms of firepower or accuracy.

Somewhere (1930) the American Congress became afraid of the available firepower owned by the American Vets of WW1. Most of them returned home with war trophies and purchased their personal weapons. List price for a Thompson declared excess by the war department was $5. They passed a bill, publicly declared to disarm the gangsters, but in fact aimed at the Bonus Army in and around Washington DC. And the very first unconstitutional firearms ban was put into place. About 140 years after the Constitution was written and the individual right to bear ALL arms was put into place.

A few years back the Courts started recognizing that the various bans and restrictions were illegal and started tearing them down. It is a slow process, undoing 80 years of liberal fascism and scare tactics but progress is being made.

Now what does this history have to do with your question?

Since 1930 all ownership of fully automatic firearms has been seriously restricted by federal law and a number of states have restricted them as well.

For a few years the federal government reclassified weapons with certain military appearances as “assault weapons” and banned them. That ban expired and the local regulations are being challenged in court. I expect them to be thrown on the trash heap with in this decade.

For the moment, these semi-automatic rifles are banned in certain locations. Check you local laws to see if the fascists still control your life with their lies.

They are in most states but there are a few things a prospective buyer needs to do before taking possession of an assault weapon:

“Class III includes, but is not limited to:  machine guns, silencers, destructive devices, all other weapons (AOW: cane guns, pen guns, etc.), short-barreled rifles

(SBR), short-barrel shotguns (SBS). 

  1. You must be at least 21 old and legal buy a handgun (meaning no felonies, violent misdemeanors, dishonorable discharges, etc.).

2.  Call your local CLEO (chief law enforcement officer – sheriff, police chief, etc.) and ask what his procedure is for signing Form 4 (federal applications for NFA transfer and ownership-the dealers supplies).  Make sure that he will sign for you BEFORE you buy the firearm.  If he won’t sign, you can’t get the gun. Make sure you can own it BEFORE you buy it,  as payment must be made in full before the firearm is ordered. (You have to have the serial number before any paperwork can be processed to begin the transfer.)

3.  Get two 2″ X 2″ color passport photographs. Attach one to the reverse side of each of the two copies of the Bureau of Alcohol, Tobacco and Firearms (BATF) Form 4 [dealer supplied]. These photos typically cost $5 to $10 and are commonly done at places like Kinkos and Walgreens.

4.  Complete a small section on the reverse side of the BATF Form 4 that declares why you wish to possess the item. Most folk s say “collector of firearms” or “target shooting.”

5.  Take the two copies of the Form 4, with pictures attached and your section completed, to your local law enforcement agency. Also take the two FBI FD-258 fingerprint cards we will give you. Ask the agency to officially take your fingerprints. This will usually cost $10 to $15.”  “You have to get a local CLEO to sign off and complete the section on the reverse side of the Form 4. This merely attests that you are not wanted locally and that the official knows of no law which will be broken if you are approved by the government. The official signing should be made aware that they are not held liable if you do something stupid or break the law. *Local CLEOs that can be asked to sign off are:   police chiefs or local law enforcement officers of the same rank, sheriffs, city or town police chiefs, state police commanders, district attorneys, state attorney generals, and judges of state courts that preside over felony trials.”

“6. Bring the two copies of the Form 4 and both completed fingerprint cards with a money order or certified check made out to the BATF ($5.00 for an “AOW” or $200.00 for silencer, machine-gun,  destructive device, SBR, SBS). This is a one time fee for life!  Note that each firearm, device, etc. requires that a separate tax be paid.  E.g., a machinegun with a suppressor would require a tax payment for the machinegun (actually for the receiver) and another tax payment for the suppressor.

7.  You also have to send in a form [dealer supplied] to the Department of the Treasury. This form is called the Certification of Compliance, 18 U.S.C. 922(g)(5)(B), ATF Form 5330.20, which simply states that you are a United States citizen. 

8. The BATF will first remove the money order and examine the paperwork for completeness. It will be assigned to an agent, who will have a nationwide FBI background check performed on you. Once you pass this (all legal folks over 21 should pass it), the BATF will mail back one certified copy of the Form 4. On this copy will be a stamp that looks like a postage stamp. This is a Federal tax stamp indicating the transfer tax is paid and the item is officially yours.

9.  When [the dealer} receives this Form 4 back with the stamp on it (generally 90-120 days after it is mailed in), you have to  complete a BATF Form 4473 at the store.  The 4473 is not called in for a background check since that has already been done, but is kept on file at the store in compliance with BATF regulations.  We will then transfer the item to you along with the Form 4.  You should immediately make several copies of the Form 4 and carry one with you at all times when you have the product with you.  Be sure to put the original in a safe place.


1. Once you have legal possession of the Class III item (except suppressors/silencers for which this does not apply) you may not take the item across state lines unless you notify the BATF in writing with the ATF Form 5320 before doing so. These forms are available on the Internet, or we can make a copy for you. You are not asking for their approval but, instead, merely letting them know you are taking a Class III item across state lines and when you will depart and return. 

2. You may not loan this Class III item to anyone.

3. You may not store this item at a friend’s home who has access to it.

4. This is a restricted distribution item.  To possess it requires (at the very least) an extensive background check. You are obligated by law (and common sense) to prevent unqualified people from gaining access to it. You may let others use the item if they remain in your physical presence.

5. If you decide to sell the item you should bring the item to a Class III dealer to legally effect the transfer. Not all transfer s require dealer assistance, but the law is confusing and the best way to ensure and demonstrate compliance is to enlist the help of a professional Class III dealer.  The buyer then has to go through all the steps described above and pay the required transfer tax(s).”

Yes but it is a pain

Machine Guns Are Legal: A Practical Guide to Full Auto – The Firearm Blog

Here is what it takes  to own a weapon capable of full auto

  • Pay a tax of $200, which in 1934 was worth over $3,500
  • Fill out a lengthy application to register your gun with the federal government
  • Submit photographs
  • Submit passport photos
  • Get your chief law enforcement official to sign your application
  • Wait for the results of your background check to come back

An assault rifle is fed by a box magazine, uses an intermediate round and is capable of  full auto and /or burst fire as well as semi automatic so they are treated like machine guns.  If you have an AK or AR that is semiauto only it is not an assault rifle.

Not really. To be classified as an assault weapon it must meet certain criteria. A. Be able to fire full auto, burst fire or select between firing modes. B. Must fire an intermediate round between pistol caliber submachine gun and full sized rife carteiges. Semi auto versions of these rifles are legal in most places in the US but are not assault rifles. Better names for them are, modern sporting rifles or defense rifles.

Assault rifles are legal in every State; however, in some States they are limited to law enforcement and the military.

But in many States assault RIFLES, CAN be legally owned with the proper paperwork and $200 tax, but these guns are extremely expensive to obtain legally.

This is an excellent video that clearly shows the difference between an assault rifle (selective fire, like the military) and what the tyrant-wannabes tell their sheep to believe an “assault weapon” to be.

Yes, with the correct tax stamp people can own automatic weapons. Other weapons, though subject to state laws, are available to purchase in many forms. Even black ones. The black ones being most dangerous to freedom right now for some crazy reason.