Level 3 weapons are high-powered and destructive firearms that are strictly regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in the United States. They include machine guns, explosive devices, suppressors, short-barreled rifles, short-barreled shotguns, and other dangerous weapons that pose a significant risk to public safety if they fall into the wrong hands.
Definition of Level 3 Weapons
The National Firearms Act (NFA) of 1934 and the Gun Control Act of 1968 established different categories for regulating firearms and other weapons in the US. Under these laws, machine guns, suppressors, short-barreled rifles, short-barreled shotguns, and destructive devices like grenades or rocket launchers are classified as “Level 3” or “Class 3” weapons.
More specifically, the weapons categorized as Level 3 include:
- Machine guns – Fully automatic firearms that can shoot more than one bullet with a single pull of the trigger.
- Silencers or suppressors – Devices attached to the muzzle of a gun to suppress the sound and flash from firing.
- Short-barreled rifles – Rifles with a barrel length under 16 inches.
- Short-barreled shotguns – Shotguns with a barrel length under 18 inches.
- Destructive devices – Explosives, bombs, poison gas weapons, grenades, mines, rocket launchers, and large caliber firearms over .50 inch.
- Any other weapon (AOW) – Disguised devices like pen guns, cane guns, or smooth-bore pistols.
These especially lethal weapons are more heavily regulated than regular civilian firearms like handguns, shotguns and rifles. The manufacture, sale, possession and use of Level 3 firearms requires special licensing and registration under the NFA and GCA.
Regulation of Level 3 Weapons
The National Firearms Act imposes strict requirements for civilians who wish to own NFA firearms like machine guns or silencers in the US. These include:
- Completing extensive ATF background checks and paperwork
- Undergoing fingerprinting and submitting photographs
- Paying a $200 tax on each NFA weapon
- Obtaining certification from a local law enforcement official
- Registering the weapon with the federal NFA database
The ATF paperwork for an individual registering an NFA weapon includes Form 1 (making your own NFA item), Form 4 (transferring an existing NFA item) or Form 5 (for government and law enforcement use). Approval can take around 9 months due to the detailed review process.
NFA weapons can only be obtained by private owners who are at least 21 years old, not prohibited from owning firearms, and living in a state where NFA items are legal. There are also state and local laws regulating or banning NFA weapons in many areas.
Licensing System for Machine Guns
Out of all the Level 3 weapons, machine guns are the most heavily regulated. The Firearms Owners Protection Act of 1986 essentially banned private ownership of new machine guns manufactured after that year. As a result, the supply available for civilian ownership is limited to machine guns made and registered before 1986.
Today, legal machine gun ownership requires:
- Being approved for an ATF Form 4 transfer of a pre-1986 machine gun
- Finding one of the limited number of available pre-1986 machine guns on the market
- Paying the $200 NFA tax stamp fee
- Completing all NFA registration requirements
- Abiding by any state or local restrictions
Due to the scarcity, buying a legal machine gun costs $4,000 at the very minimum, and often over $10,000 or $15,000. The process also involves wait times that can extend beyond 12 months for ATF approval of transfers.
Alternatively, certain occupations can obtain post-1986 machine guns, including military, law enforcement, manufacturers, and gun dealers with a Special Occupational Taxpayer (SOT) license from the ATF.
Are Civilians Allowed to Own Level 3 Weapons?
Civilian ownership of Level 3 weapons like machine guns, silencers and short-barreled rifles is legal in most of the United States under the National Firearms Act. However, it is subject to the strict registration and licensing requirements imposed by the ATF.
There are also some differences in NFA weapon laws between states. For example:
- 9 states (CA, DE, DC, HI, IA, MN, NJ, RI, WA) prohibit civilian ownership of some or all NFA firearms.
- Certain cities like Chicago and New York City ban NFA items under local ordinances.
- Some states have additional possession, use and carry restrictions on NFA weapons even if ownership is allowed.
Overall, while civilians can legally own machine guns, silencers, short-barreled rifles, and other Level 3 weapons in most of the country, the process is highly regulated by federal and state laws.
Controversies Around Civilian Level 3 Ownership
The issue of civilian ownership of Level 3 weapons has been controversial. Groups like the NRA argue that law-abiding citizens should not be denied access to machine guns or silencers if they comply with requirements.
However, other organizations like the Brady Campaign to Prevent Gun Violence oppose easy civilian access to military-style weapons and support strict NFA regulation or bans. They view the risk of these powerful weapons as too high for public safety.
Specific concerns raised around civilian ownership of machine guns, silencers and other NFA firearms include:
- Increased risk of violent crime if they proliferate.
- Possibility of the weapons slipping into the illegal market.
- Fears of mass shootings or attacks on law enforcement.
- Use by extremist groups or organized crime.
- Higher lethality of rapid-firing or silenced weapons.
However, proponents argue current laws effectively screen law-abiding owners. They cite the rarity of crimes committed with registered machine guns or silencers.
Summary of Level 3 Weapon Regulations
In summary, Level 3 firearms like machine guns, silencers, short-barreled rifles, and destructive devices are legal for civilian ownership under the National Firearms Act, subject to:
- Extensive ATF screening and registration
- Payment of a $200 tax on each weapon
- Long transfer approval wait times
- State and local possession laws
- Ban on new machine guns manufactured after 1986
This system intends to balance public safety risks of these weapons with regulated ownership for qualified individuals. But debates continue around the appropriateness of civilian access to high-powered Level 3 firearms.
Frequently Asked Questions
Can you legally buy a machine gun?
Yes, civilians can legally buy machine guns in most states as long as they complete ATF licensing and registration requirements under the NFA. However, only machine guns manufactured and registered before 1986 are available for purchase.
How much does it cost to own a machine gun?
Owning a legal machine gun costs at minimum $4,000 to $5,000, but often $10,000 to $15,000 or more due to their scarcity. There are also $200 tax stamp fees and costs associated with completing ATF paperwork and fingerprinting.
Can you buy a machine gun online?
You cannot directly buy machine guns online. You must find a pre-1986 machine gun from a licensed dealer, pay for it, and complete all required ATF paperwork before taking possession. Some dealers may advertise stock online.
Are silencers legal for civilians?
Yes, civilians can legally own silencers by completing ATF registration under the NFA, except in states that prohibit NFA weapons like California, Delaware, Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, New York, Rhode Island, and the District of Columbia.
How long does it take to get approved to own an NFA weapon?
The ATF approval process for transfers of NFA firearms like machine guns or silencers typically takes around 5 to 9 months. It can exceed 12 months in some cases due to the detailed paperwork and background checks required.
What states ban NFA weapons?
Nine states ban civilian ownership of some or all NFA firearms: California, Delaware, Hawaii, Illinois, Iowa, Minnesota, New Jersey, Rhode Island, and Washington. New York City and other localities also prohibit certain NFA items.
Do Level 3 weapons need to be registered?
Yes, the National Firearms Act requires all civilian-owned machine guns, silencers, short-barreled rifles, and other NFA firearms to be registered in the federal ATF database. This includes extensive paperwork, background checks, and a $200 tax on each weapon.
Conclusion
Level 3 weapons like machine guns and silencers are highly regulated by the ATF for civilian ownership under the National Firearms Act. While legal in most states, the process involves considerable paperwork, invasive screening, long wait times, and banning of new machine guns. This system attempts to balance public safety concerns about these dangerous weapons with regulated access for qualifying citizens.