Automatic Weapons Legality by State 2026

The Legality of Automatic Weapons in the United States

Automatic weapons are heavily regulated under federal law. Civilian ownership is generally limited to machine guns manufactured before May 19, 1986, and requires federal registration and approval. In addition to federal requirements, individual states may further regulate or prohibit the possession, manufacture, or sale of automatic weapons.

States in which Automatic Weapons Are Legal

Nine states—Alabama, Kentucky, Mississippi, New Hampshire, New Mexico, Oklahoma, Utah, Vermont, and Wyoming—place no additional state-level restrictions on the possession, manufacture, or sale of automatic weapons beyond federal law.

In many other states, automatic weapons are legal only if they comply with federal regulations under the National Firearms Act. These states classify legality as “variable,” meaning manufacture, sale, or possession is prohibited only when conducted in violation of federal law.

Seventeen jurisdictions—including states such as California, Delaware, Hawaii, Illinois, New Jersey, New York, and Rhode Island, as well as the District of Columbia—prohibit possession of automatic weapons under state law. In several of these states, additional restrictions apply to manufacture or sale.

Is a Federal Ban on Automatic Weapons Likely?

Automatic weapons are already subject to strict federal regulation under the National Firearms Act and the Firearm Owners’ Protection Act of 1986. Civilian ownership is limited and requires federal registration and approval.

While firearm policy remains a highly debated issue, any additional nationwide restrictions on automatic weapons would require new legislation from Congress. For now, regulation continues to operate through a combination of federal law and state-specific rules.