I often run across people who are unsure of the NFA laws in their particular state, so I made this color coded map to show the particular NFA laws for each state in regard to SBR’s, Machine Guns, Suppressors, and Short Barrel Shotguns. I just used a source found online…so if I have made any mistakes, just let me know and I can edit the picture.
Green = HURRAY…Go for it!
Red = BOOO…They’ll arrest us for it!
Enjoy!
-Mike
I don’t intend for this to be a guarantee that you are good to go on whichever NFA item you are looking at buying, but if you want something and your state is green, then you’re likely able to own the item somehow if the proper steps are taken. The details of the process will need to be addressed with additional research.
Being able to lay these laws out visually is kind of impressive to me. Unfortunately I live in Kansas and can only get SBR’s…Kinda makes me want to send this to our politicians and say “Look, almost everyone else’s Mom lets them play…why can’t I?” LOL.
There is a shop here in WA that is selling a short barrel shotgun as an AOW. AFAIK AOW’s are legal in WA. http://www.discountgunsales.com/any-other-weapons-c-774.html
Also it is my understanding that suppressors are legal to own but cannot be “used” i.e. it is a misdemeanor to actually fire your suppressed weapon in the state.
I was planning on border jumping in my retirement years to a neighboring
state offering a more friendly tax structure on a fixed income.
Looks like I’m staying in Wisconsin!!!
Here is my attempt to list what state allows what in terms of
NFA weapons. The “Y” indicates state law allows private
individuals to own the weapon in question. Most of the “Y” states
require the weapons be possessed in compliance with federal law to
be legal under state law. Some of the “N” states may allow only
police officers to possess them, or dealers, or neither. Basically
if the privileged class was so narrow, by statute, I said “N”. In
many states the class of folks able to own NFA weapons is narrow by
practice (California), or because no law enforcement officers will
sign the certification needed for a transfer to an individual.
Some of the “N” states may also have grandfathered weapons, the “N”
applies to a current transaction. Some “N” states may also allow
unserviceable weapons. Some states may regulate one or more of
these weapons as handguns.
KEY
MG - machine gun
SI - sound suppressor (silencer)
SR - short barreled rifle
SG - short shotgun
AOW - any other weapon
LBDD - large bore destructive device
EXPDD - explosive, incendiary or poison gas destructive device
STATEMG SI SR SG AOWLBDD EXPDD Comments
AK Y Y Y Y Y Y Y
AL Y Y N N Y Y ?
AR Y Y Y Y Y Y ? (state registration of pistol cal. MG’s over .30)
AZ Y Y Y Y Y Y Y
CA Y N Y Y Y Y Y (requires discretionary and rarely issued permit for mg, lbdd or expdd from state Dept. of
Justice; no AOW pen guns; C&R sg, sr only)
CO Y Y Y Y Y Y Y (requires state explosives permit for expdd)
CT Y Y Y Y Y Y ? (no select fire mg’s-full auto’s only, after 1993 assault weapon ban, state registration of
mg’s)
DE N N Y N Y Y N (no smooth bore pistol AOW’s)
FL Y Y Y Y Y Y Y
GA Y Y Y Y Y Y Y (no incendiary expdd’s)
HI N N N N N N N
IA N Y Y Y Y Y Y (only si, sr, sg, lbdd and expdd designated as collector’s items by the Comm’r of Public
Safety - they use the ATF C&R list)
ID Y Y Y Y Y Y Y
IL N N N N Y ? N
IN Y Y Y N Y Y N
KS N N Y N Y Y N DEWAT machine guns are OK.
KY Y Y Y Y Y Y ?
LA Y Y Y Y Y Y Y (mg’s require a permit to purchase - war relics only; mg’s, sr, si, sg and some expdd’s
require a permit to purchase)
MA Y N Y N N Y N (license for mg’s required; 1998 law bans covert firearms (AOW’s), short shotguns)
MD Y Y Y Y Y Y N (mg’s must be registered)
ME Y Y Y Y Y Y Y
MI Y N Y Y Y Y Y (FFL needed to own machine guns; no incendiary expdd; C&R sr, sg only)
MN Y N Y Y Y Y ? (C&R mg, sg only, registration required)
MO Y N Y Y Y N N (C&R mg, sr, sg only to non-FFL holders; FFL holders (including C&R) any mg, sr, sg)
MS Y Y Y Y Y Y Y (as of 7/1/00, silencers are legal, but must be registered with the state)
MT Y Y Y Y Y N N (state law banning silencers and requiring pistol cal. mg’s over .30 be registered with state
repealed 4/23/99)
NE Y Y Y Y Y Y N
NC Y Y Y Y Y Y Y (sheriff’s permit required for mg’s; must be FFL holder (including C&R) for mg, si, sr, sg
lbdd and expdd, or fall into another exception, see comments below)
ND Y Y Y Y Y Y Y (fed. “licensees” required to register all NFA weapons with state when possessed for
“protection or sale”)
NH Y Y Y Y Y Y Y
NJ Y N N N Y N N (mg requires discretionary and rarely issued permit from state court)
NM Y Y Y Y Y Y Y
NV Y Y Y Y Y Y Y
NY N N N N Y Y N (AOW smooth bore handguns are allowed, on a state pistol license)
OH Y Y Y Y Y Y Y
OK Y Y Y Y Y Y Y
OR Y Y Y Y Y Y Y (no incendiary expdd’s)
PA Y Y Y Y Y Y N
RI N N N N Y Y ?
SC Y Y Y Y Y Y ? In 2001, S.C. law was changed to permit all Federally registered items
SD Y Y Y Y Y Y Y
TN Y Y Y Y Y Y ?
TX Y Y Y Y Y Y Y
UT Y Y Y Y Y Y Y
VA Y Y Y Y Y Y Y (state registration of all mg’s)
VT Y N Y Y Y Y Y
WA N Y N N Y Y N (silencer may not be used on a gun)
WI Y Y Y Y Y Y Y (permit required for expdd, no incendiary expdd’s; no pistol caliber mg’s w/o permit)
WV Y Y Y Y Y Y ?
WY Y Y Y Y Y Y ?
A Note about NFA Weapons and California
As a general rule the definitions of NFA weapons, as regulated in
California, track exactly the federal definitions, and categories.
Cal. Penal Code Sec. 12020(a) prohibits the possession of, among
other things, AOW’s (Any other Weapons) and short shotguns and
short rifles. Subsection (b) lists exemptions to the application of
(a).
Subsection (b)(7) of section 12020 exempts any “firearm or
ammunition” lawfully possessed under federal law and on the C&R
list. Subsection (b)(8), exempts ALL AOW’s except “pen guns.”
Subsection b(2) is the exemption for the movie permit for short
shotguns and short rifles with the procedure for its issuance found
at section 12095.
In short, Californians can legally possess any AOW, except a pen
gun, as long as it is possessed in compliance with federal law, and
as long as it isn’t classified as an assault weapon (SB 23 treats
some semiauto pistols with dual pistol grips, AOWs under federal
law, as prohibited assault weapons). Likewise they can possess any
C&R listed short rifle or short shotgun.
Short shotguns and short rifles are defined at (c)(1) and (c)(2)
respectively; the definitions are essentially the same as federal
law. HOWEVER, unlike the feds, California courts have ruled that
the length of a rifle with a folding stock is measured with the
stock folded, not extended, as the feds do. So a gun that is not
a short rifle under federal law may be one under California law.
See People v. Rooney, 17 Cal.App.4th 1207 (1 Dist. 1993).
Any firearm whose possession is otherwise prohibited by subsection
(a) is ok, under b(7), if the gun is a C&R one and lawfully
possessed under federal law. This would not provide an exemption
to the requirement for a state permit for a machine gun, as
12020(a) does not regulate mg’s. That is section 12220 (ban) and
12230 et seq. (permits). Rules for DD’s are at section 12301 et
seq. Silencers are regulated at section 12500 et seq. The state
Department of Justice has discretionary authority to issue permits
to possess DD’s or machine guns, and does not issue them to
collector-civilians. Civilians are totally prohibited from owning
silencers.
There is a possibility of this being able to change in the near future. Michigan Senate Bill 371 has been introduced (and passed by the House). It re-words the State’s laws on pistol safety inspections and purchase permits. However, the law also includes the SBR/SBS prohibitions. If the sponsoring Senators are persuaded, they can also re-word this section to allow both SBRs and SBS.
If you are interested in contacting the sponsoring Senators, look up SB 371 for their names or PM me.
I used to live in WA State and AOW’s are allowed as I had one. The difference between and AOW and a SBS if I am not mistaken is how the weapon was made and registered. If the receiver was purchased directly from Remington and configured and registered as an AOW, then it is. If you take a shotgun, do the paperwork and then add/ or cutt down a barrel it is now a SBS.
Also, I believe that you are correct about the suppressor issue. If you fire your weapon with it mounted it is a misdemeanor. At least that is how I remember it back in 1994-1998.
