Posted on Oct 4, 2015
Sgt Kelli Mays
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http://www.thetruthaboutguns.com/2011/04/robert-farago/question-of-the-day-should-americans-be-able-to-own-machine-guns/

I am all for the 2nd amendment. I myself do not own a gun....I have a brother that owns so many I lost count and couldn't possibly tell you what they are.
I'm all for owing a rifle or a shot gun or many numerous types of hand guns....Guns to go hunting, guns to protect one self and their family/loved one.
BUT! Why is it necessary to own a Machine gun? Machine guns are great for the Military. The military has a real purpose/need for machine guns....BUT! why does an average American citizen need to own a machine gun? What is the purpose or reason to have one?
Do we really need machine guns? I for one would like to see Machine guns stopped from being sold in the US....
Nearly every drive by shooting I have read about involved a machine gun...AK this or that...semi automatic this or that.
Seriously...I know a lot of you out there know a hell of a lot about guns...I don't....I know just enough....But I do know that nothing good seems to come from those who have possession of Machines guns...except for the military or maybe except for gun collectors who buy them for the collection.....otherwise what do you use one for? To go hunting? Naw....really not a way to go hunting....to defend onself....nope...not really efficient and or safe way to defend yourself of your family...
So....why exactly is it legal to own a machine gun? ....and who feels machine guns should be available and who feels they should not be?
Just curious.
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Responses: 137
SSgt Quality Assurance Evaluator
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A buddy of mine has one that has been illegally modified to make it full auto. He works out on a junk yard and has fun using it to blow holes in junked crap. Just a play toy when he gets bored. A mighty fun one I might add.
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MAJ Matthew Arnold
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The question is not should we be able to own machine guns, the question is what amount of government restrictions are we willing to put up with? I am a law abiding citizen. If I want to fire machine guns just because it is fun, then there is no reason the government should restrict me from doing so.
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SSG Gerhard S.
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Regardless whether Sgt Kelli Mays had fully automatic machine guns in mind, or semi automatic rifles, the basic question remains the same. Should Americans be able to own machine guns. The Answer should be YES, and should not require extra, or expensive licenses (permission slips) from the Federal government.

The Second Amendment was put in place so the American people could protect themselves from threats. Those that originate from outside our borders, and also those that come from within. The clear purpose, if one reads the arguments of the Framers of our Constitution is to protect our liberties FROM our own government, should it become intrusive or tyrannical. During our Revolt from England, our Citizens DID possess the same level of firepower (on an individual basis) as did the British troops. Our weapons, often were even better, when one considers the accuracy of our rifled Kentucky long guns.

Few argue that our right to freedom of the press should be limited to the analog printing presses that existed when the Constitution and bill of rights were written. Trying to make the argument that we don't "need" assault rifles, or, in this case, machine guns, is a great argument ONLY if one comes from the position that the people should NOT be able to defend themselves from tyranny, either foreign, or domestic.
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SSgt Christopher Brose
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Machine guns are a lightning rod for people who don't know much about guns. Fifty caliber rifles are another one. The OP states that "every drive by shooting I have read about involved a machine gun..." Since the term "machine gun" virtually always refers to a fully automatic weapon, the OP's statement is patently false. There might have been a crime committed in this country at some point with a privately owned fully automatic weapon, but I don't know of any.

The transfer of fully automatic weapons is highly regulated. It IS possible for a person to buy one, but it involves a background check, a Class III federal firearms license, and paying a significant fee to BATF for the privilege.
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CPT Jack Durish
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Keep in mind that the musket was the bleeding edge of weapon technology when the Constitution was written and ratified, and that the 2nd Amendment doesn't give us the right to protect ourselves, but rather that is a Natural Right and the government may not interfere with it. If we are to continue protecting ourselves in this day and age, we too need to have access to weaponry that is the most advanced. If a despot should ascend to power and attempt to tyrannize US (I love the coincidence that "us" and "US" are merely different ways of typesetting the same thing) they won't subjugate us with muskets, and we will need the same kinds of weapons that they have. And, to be fair, a machine gun would scare the hell out of a burglar even more than a shotgun...
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1SG Harold Piet
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To my knowledge machine guns or automatic guns are not legal in the US without super extreme licence. Semi automatic weapons are weapons that fire each time that you pull the trigger as long as you have bullets are useful for hunting, self defense, and if the crazy government decides to be like Hitlers or Castro. we would be armed to resist. If a group of thugs comes into your church and starts shooting you will pray that someone has a semiautomatic weapon to defend you so that they do not kill your whole congregation. The only thing that stops a bad man with a gun is a good man with a gun. A cop is minutes away, a 357 is about 1500 feet per second.
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LTC Stephen F.
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Sgt Kelli Mays
Fully automatic rifles are not actually considered to be machine guns.
In fact there are rifles which can be fired as semi-automatic or automatic [e.g. M16] and sub-machine guns such as the Thompson or MP-42. These are generally not fired from a bipod or tripod.
Machine guns tend to fired from a bipod [e.g. Browning Automatic Rifle (BAR) or M-60 machine gun] or tripod or mounted in a vehicle.
Legally weapons manufactured before 1989 are considered antique.
https://www.law.cornell.edu/uscode/text/26/5845
(a) Firearm [from 26 U.S. Code § 5845 - Definitions]
The term “firearm” means
(1) a shotgun having a barrel or barrels of less than 18 inches in length;
(2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;
(3) a rifle having a barrel or barrels of less than 16 inches in length;
(4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;
(5) any other weapon, as defined in subsection (e);
(6) a machinegun;
(7) any silencer (as defined in section 921 of title 18, United States Code); and
(8) a destructive device. The term “firearm” shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector’s item and is not likely to be used as a weapon.
(b) Machinegun [from 26 U.S. Code § 5845 - Definitions]
The term “machinegun” means any weapon which 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. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.
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Sgt Kelli Mays
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Seriously? WHy does there always have to be someone who gives me DOWN VOTE! Stop hiding..show yourself and say something. Coward!
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Sgt Tom Cunnally
Sgt Tom Cunnally
10 y
But it ain't me, babe
No, no, no, it sure ain't me, babe
It ain't me you're lookin' for, babe
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CPL Jason Hawken
CPL Jason Hawken
10 y
Because we have a constitution! Our guns are the only way to make sure our government follows the constitution. Banning guns is the reason it was so easy for hitler to run through neighboring countries...Bet NBC wont mention that in a documentary! 
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SMSgt Dan Lucero
SMSgt Dan Lucero
10 y
Don't allow yourself to be clouded by the current administration's lack of respect for our founding documents.
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SMSgt Dan Lucero
SMSgt Dan Lucero
10 y
Irrelevant...I never claimed to be a Constitutional Law expert. Just a citizen like yourself, concerned for my children as I watch the country's morals and values erode away. I recommend that any service member who makes inflammatory statements against their country should consider a new career path and perhaps a new address.
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PO3 Electrician's Mate
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why not? lol
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SCPO Investigator
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Edited 10 y ago
As someone who possessed an FFL for thirty years (and I realize the federal laws MAY HAVE changed since 2002, though I seriously doubt this specific issue has not), no one outside members of law enforcement agencies and the military may LEGALLY own/possess/use automatic weapons, AKA machine guns. And I can assure you that the issuance of such weapons to civilian law enforcement agency personnel includes considerable federal paperwork and constant checks and balances over the control and possession of those weapons, even though the people who possess and use are highly trained police individuals. I controlled the weapons lockers at my Sheriff's Department. The oversight of those automatic weapons was a major bitch!!! That said, illegally possessed automatic weapons abound in this country (not to epidemic levels), but those weapons are ILLEGALLY possessed.

I hasten to add that gun collectors can obtain special permits to buy automatic weapons, but they are extremely expensive. Once again, the laws may have changed since I was last actively involved in the "civilian possession" of automatic weapons (1996), so parts my above statement may be incorrect.
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Cpl Mark McMiller
Cpl Mark McMiller
10 y
SCPO (Join to see) You are incorrect in your assertion that civilians cannot own machine guns, as it has always been legal under federal law for civilians to own them. Prior to 1934, machine guns were not regulated by the federal government and were legal to own by anyone; Auto Ordinance, Inc. even had a famous advertisement marketing their Thompson sub-machine gun to ranchers to defend against rustlers. In 1934, the National Firearms Act was written by the NRA -- yes, the NRA was a different organization back then -- and passed into law; it was enacted because gangsters were using machine guns to commit crime. Under the new law, all machine guns in the country had to be registered with the federal government, who now charged a new owner a $200 transfer tax every time the firearm was transferred to a new owner. In 1934, $200 was a hell of a lot of money so the transfer tax was very prohibitive for the average citizen. The $200 tax has never been increased and, subject to state and local laws, civilians in most areas of our country can still purchase, own, and trade federally registered machine guns today. In 1986, the Firearm Owners' Protection Act was passed into law. This new law made it unlawful for any civilian who did not have a NFA (National Firearms Act) firearm importer, manufacturer, or dealer license to possess or trade any machine gun manufactured after the date the law was enacted, May 19, 1986. However, it was, and is, still lawful for civilians to purchase, own, and trade federally registered machine guns manufactured prior to that date. And since it is the firearm's receiver that is registered with the feds, a new civilian-legal machine gun can be manufactured by adding new parts to an old machine gun receiver registered with the feds prior to May, 19, 1986. Because of this 1986 law, the value of civilian-legal machine guns skyrocketed overnight and now you will pay upwards of tens of thousands of dollars to purchase one. There are actually civilian NFA licensed dealers who trade law enforcement agencies brand new machine guns for their old, manufactured prior to 1986, machine guns and then turn around and sell the old machine guns to civilians for a hefty profit. The bottom line is that, subject to state and local law, it has always been legal in this country for a civilian to purchase, own, and trade machine guns.
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SCPO Investigator
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SGT Charles Kime - No, not outside of your job, no.
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SCPO Investigator
SCPO (Join to see)
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Cpl Mark McMiller - I have no idea where to begin with that babble. Call the BATFE...they might want to chat more about the glaring errors in your position than I am or ever will be. What or who is a licensed "NFA" dealer?
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Cpl Mark McMiller
Cpl Mark McMiller
10 y
SCPO (Join to see) Babble? You really are clueless. Do yourself a favor and call BATFE or, better yet, here's a link to their website FAQ page where you can educate yourself about the "babble."

https://www.atf.gov/qa-category/national-firearms-act-nfa
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