Understanding Full Auto in the Firearms Context
The AR-15. An iconic rifle, a subject of intense debate, and a staple in the world of firearms. Its modularity, accuracy, and ease of use have made it a favorite among sport shooters, hunters, and collectors. However, the question of full auto functionality within the AR-15 platform carries significant legal weight and understanding these laws is crucial. This article delves into the complex landscape of full auto AR15 trigger laws, providing a comprehensive guide to help you navigate this intricate terrain.
Federal Laws and Regulations: The Foundation
The foundation of all full auto AR15 trigger regulations in the United States rests on federal law. This starts with the National Firearms Act, or NFA, a piece of legislation enacted decades ago.
The National Firearms Act of the Past
The NFA of course didn’t originate with firearms specifically but in an attempt to address concerns surrounding the proliferation of firearms, specifically machine guns, sawed-off shotguns, and other dangerous weapons. Enacted during a period of significant social and political change, the NFA was designed to curb the availability of these firearms and to help the government keep track of them. The intention was to discourage their possession through a complex system of registration, taxation, and stringent regulations.
Under the NFA, the definition of a machine gun is clear and direct. It defines a machine gun as any weapon that shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. This definition encompasses a wide array of firearms, including most full auto AR15 trigger mechanisms.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives at the Forefront
The Bureau of Alcohol, Tobacco, Firearms, and Explosives, or ATF, is the federal agency responsible for enforcing the NFA and other federal firearms laws. The ATF plays a critical role in regulating the acquisition, possession, and transfer of machine guns, including those equipped with full auto AR15 triggers.
The ATF’s authority extends to the approval process for machine gun registration. Individuals seeking to legally own a machine gun must undergo a thorough background check. They must apply for registration, which involves extensive vetting, and demonstrate that they meet all federal requirements. The ATF then reviews the application, conducts its investigation, and approves the registration if the applicant meets the criteria.
The ATF’s interpretation of firearms laws and its rulings are constantly evolving. Its interpretations change and are subject to legal challenges. Staying informed on the agency’s current positions is critical.
Requirements for Legal Possession at a Federal Level
Obtaining and possessing a machine gun is not a casual endeavor. Federal law imposes a series of strict requirements that must be met. First and foremost, prospective owners must undergo a comprehensive background check to assess their eligibility to own a firearm. Federal law prohibits certain individuals, such as convicted felons, from possessing firearms.
Secondly, machine guns must be registered with the ATF. This registration process involves submitting an application, including detailed information about the firearm and its owner.
Furthermore, owners must pay a special tax. This includes submitting a tax stamp for the purchase of a machine gun. The federal tax for machine guns currently stands at a particular amount, which must be paid to the ATF.
Finally, restrictions apply to the transfer of machine guns. Machine guns can only be transferred to other individuals or entities who also meet the legal requirements for ownership and have complied with the registration process.
The Hughes Amendment: A Critical Turning Point
A significant piece of legislation, the Hughes Amendment, passed in the mid-eighties, severely impacted the market for machine guns. It was an addition to the Firearms Owners’ Protection Act. This amendment, enacted in 1986, effectively barred the production and registration of new machine guns for civilian ownership. Only machine guns manufactured and registered before that date are generally allowed to be owned by civilians. This has created a limited supply of legal machine guns, which has driven up the value of these firearms.
State and Local Regulations: A Varying Landscape
While federal law sets the baseline for machine gun regulations, state and local jurisdictions have the power to enact more restrictive laws. The variation in state and local laws is significant. In some states, the ownership of machine guns is permitted under federal guidelines, provided all federal requirements are met. Other states have chosen to ban machine guns outright or impose additional restrictions.
State-Specific Examples and Regulations
Some states have a relatively permissive approach to machine gun ownership, aligning their laws closely with federal regulations. In these states, individuals may be able to legally own registered machine guns, provided they meet federal criteria. Other states have adopted more stringent rules. Some states have banned all machine guns, while others require permits and have other restrictions that add to the federal rules.
Local jurisdictions, such as cities and counties, also play a role in regulating firearms. Local ordinances can further restrict the use, storage, and transportation of firearms, including those equipped with full auto AR15 triggers. Local regulations might govern the availability of shooting ranges, or they might include restrictions about storage. It is the responsibility of gun owners to research their local regulations carefully.
Different Trigger Types and Their Legal Status: A Critical Distinction
The legal landscape of full auto AR15 trigger mechanisms is often complicated by the existence of other trigger types that aim to increase firing rates. It’s crucial to understand the differences.
Full Auto Triggers (Machine Guns) Revisited
As previously discussed, full auto AR15 triggers are subject to the NFA. To own these triggers, you must comply with federal requirements, including registration with the ATF, a background check, and the payment of a federal tax. The penalties for illegal possession of a full auto trigger are severe, including lengthy prison sentences and substantial fines.
Binary Triggers: The Double Tap
Binary triggers are another type of trigger mechanism used in AR-15-style rifles. These triggers fire one round when the trigger is pulled and another when it is released. Because they don’t fire more than one round with a single pull of the trigger, they are not generally considered machine guns under federal law. However, state and local laws may vary and impose restrictions.
Forced Reset Triggers: A Gray Area
Forced reset triggers, or FRTs, are a relatively new type of trigger. These mechanisms employ a design that facilitates rapid firing without the firearm necessarily qualifying as a machine gun. Some FRTs can enable a rate of fire comparable to a fully automatic weapon.
The legal status of FRTs is often contested and subject to ongoing legal scrutiny. The ATF and courts have considered their legal status, and they might be classified as machine guns depending on the specific design and interpretations of the law. Gun owners need to be well-informed of their particular state and local statutes. The legal definition of an FRT depends greatly on how the individual mechanism functions.
Other Trigger Modifications: A Caveat
The world of firearm modifications is vast, including other modifications that could potentially alter the legal status of a firearm. Various modifications can have serious legal consequences. The user must understand the potential impact of any modification on the legality of the firearm.
The Risks of Non-Compliance: Serious Consequences
Penalties for Illegal Possession
The penalties for unlawful possession of a machine gun are severe. Individuals caught possessing an unregistered or illegal machine gun face federal criminal charges, including lengthy prison sentences and substantial fines. The exact penalties depend on the specific laws violated and the circumstances of the case.
Potential for Seizure
Illegal firearms are subject to seizure by law enforcement. An illegal firearm, including a modified AR-15 with an illegal trigger, can be seized.
Loss of Rights
Convictions for federal firearms violations can result in the loss of fundamental rights, including the right to possess firearms and the right to vote. Individuals convicted of such offenses may also face restrictions on their ability to travel.
Where to Find Reliable Information and Guidance
The ATF as a Primary Source
The ATF website is an essential resource. It provides information on federal firearms regulations, including the NFA. You can find the ATF’s official interpretations of firearms laws and rulings online.
Seeking Legal Counsel
Due to the complexity of firearm regulations, it’s critical to consult with a qualified firearms attorney. A lawyer can offer specific legal advice and help you understand how the laws apply to your particular situation.
Consulting Dealers and Gun Clubs
Firearms dealers and gun clubs are also valuable resources, offering local knowledge. Be sure to verify any information you receive. Rely on official sources for legal accuracy.
Conclusion: A Call for Vigilance
Owning firearms, especially those with enhanced functionality, requires diligence and continuous learning. The laws governing full auto AR15 triggers are complex, and the legal environment is subject to change. Staying informed and compliant is an ongoing process. Consult with a qualified firearms attorney, and prioritize your safety.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified firearms attorney for specific legal guidance related to full auto AR15 triggers or any other firearms matter.
