Can You Own a Tommy Gun? Navigating the Complexities of Owning a Classic Submachine Gun
The question of whether you can own a Tommy gun—officially known as the Thompson submachine gun—is far from simple. The answer hinges on a complex interplay of federal and state laws, your location, and the specific variant of the Thompson you're considering. While it's not impossible to own one, it's certainly not straightforward.
Understanding the Legal Landscape
The legality of owning a Tommy gun is primarily governed by the National Firearms Act (NFA) of 1934. This act classifies certain firearms, including machine guns (like the Thompson), short-barreled rifles (SBRs), short-barreled shotguns (SBSs), silencers, and destructive devices, as "National Firearms Act (NFA) items." Owning these requires registering them with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and paying a hefty tax. This process involves a thorough background check and significant waiting periods.
Key Factors Affecting Ownership:
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Pre-1986 Machine Guns: The most significant factor is whether the Thompson is a registered machine gun manufactured before May 19, 1986. These are legally transferable with the proper ATF paperwork and registration. Finding a pre-1986 Thompson is not easy, and they command high prices due to their rarity and collectability.
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Post-1986 Machine Guns: Post-1986 machine guns are generally prohibited from private ownership except by licensed dealers and certain other specifically authorized individuals.
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State Laws: Federal law sets a baseline, but individual states can impose stricter regulations. Some states may completely prohibit the ownership of machine guns, even pre-1986 models. You must check your specific state's laws regarding NFA items before even considering purchasing a Thompson.
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Registration Process: The ATF registration process is rigorous and involves extensive paperwork, fingerprints, photographs, and a thorough background check. Expect delays and be prepared for potential denials.
Beyond the Legalities: Practical Considerations
Even if you meet all legal requirements, owning a Tommy gun presents significant practical challenges:
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Cost: Pre-1986 registered Tommy guns are expensive, often costing tens of thousands of dollars. The cost includes not only the firearm itself but also the associated ATF fees and transfer costs.
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Storage: Secure storage is paramount. Improper storage can lead to legal repercussions and poses safety risks. You'll likely need a high-security safe designed to withstand forced entry.
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Maintenance: Maintaining a functioning machine gun requires specialized knowledge and access to parts, which can be challenging to find and expensive to acquire.
Alternatives: Non-Automatic Thompson Variants
If the stringent regulations and costs of owning a fully automatic Tommy gun prove prohibitive, consider exploring non-automatic alternatives. Many manufacturers produce semi-automatic versions of the Thompson that are legal to own in most states, provided they comply with local laws. These offer a similar aesthetic and feel without the legal complexities of an NFA item.
Conclusion
Owning a Tommy gun is a complex undertaking with significant legal, financial, and practical hurdles. Thorough research into federal and state laws is absolutely crucial before even considering purchasing one. Consulting with an attorney specializing in firearms law is strongly recommended to navigate the intricate regulatory landscape and ensure compliance. While it's possible to own a pre-1986 registered Tommy gun, it's not a decision to be taken lightly. Carefully weigh the legal, financial, and practical implications before pursuing this endeavor.
