Current legal status of fully automatic weapons in Nevada
Fully automatic weapons, often called machine guns, are generally not legal for the general public to possess in Nevada under federal law as of 2024. Civilians cannot legally acquire new machine guns made after May 19, 1986, and existing transferable machine guns can only be owned by eligible individuals who comply with federal registration, tax, and background check requirements. State law does not create a separate permission to own machine guns and incorporates federal restrictions. Possession by a prohibited person, or possession in certain sensitive locations, remains unlawful and can carry serious penalties.
Machine gun definitions under federal and state law
A machine gun is legally defined as any firearm that can fire more than one shot automatically without manual reloading by a single function of the trigger. Federal statutes, including the National Firearms Act (NFA) and the Firearm Owners’ Protection Act (FOPA), establish these definitions and the regulatory framework. In Nevada, state law references and adopts these federal definitions unless otherwise specified. Understanding the definition is essential because the legal status and ownership rules turn on whether the firearm operates as a machine gun by design, regardless of how the item is marketed or described.
Key attributes of machine guns under the NFA
| Attribute | Verified detail | Source basis |
|---|---|---|
| Automatic fire capability | Fires multiple rounds per single trigger pull without manual cycling | Federal statute definition (26 U.S.C. § 5845(b)) |
| Transfer cutoff date | May 19, 1986 | FOPA, 92 Stat. 1627 |
| Registration requirement | Must be registered with the ATF and placed on the NFA registry | 26 U.S.C. § 5861 |
| Tax stamp | $200 tax for registration or as prescribed by regulation | 26 U.S.C. § 5811 |
| Purchase eligibility window | Only pre-1986 transferable machine guns may be sold to civilians | FOPA, subsection on machine gun possession |
Federal restrictions that apply in Nevada
Federal law governs machine gun possession in Nevada because state law does not override the core restrictions. Key federal rules include: machine guns must be registered on the NFA registry; owners must pass a background check; possession is generally limited to eligible civilians who acquire transferable, pre-1986 machine guns; and importation or manufacture must comply with NFA regulations and pay the applicable tax. Licensed manufacturers, dealers, and government entities have separate allowances not available to the general public. Civilians cannot simply buy a new machine gun from a dealer and take it home.
NFA requirements checklist for civilians
- Firearm must be a pre-May 19, 1986 transferable machine gun
- Owner must be eligible under federal law (not a prohibited person)
- Form 4 application and fingerprinting with a tax payment of $200
- Submission to the National Firearms Registration and Transfer Record
- Compliance with any additional state and local rules where the weapon is kept
Nevada state law and machine guns
Nevada does not permit civilians to possess machine guns beyond federal allowances and does not authorize broader possession through state permits or registrations. State law prohibits possession by certain restricted persons, such as convicted felons and those subject to domestic violence restraining orders, consistent with federal standards. Local jurisdictions in Nevada generally cannot prohibit machine guns more strictly than federal law, but they may regulate where and how firearms can be carried openly or concealed. Carrying a machine gun in public without the required federal authorization risks both state and federal charges.
Prohibited persons under Nevada and federal law
- Convicted felons
- Individuals convicted of misdemeanor domestic violence
- People subject to valid domestic violence restraining orders
- Those adjudicated as mentally defective or committed to a mental institution
- Undocumented immigrants and certain non-U.S. citizens without legal permanent residency
Consequences of unlawful possession or transfer
Unlawful possession or transfer of a machine gun in Nevada can lead to serious federal and state charges, substantial prison sentences, and significant fines. Federal penalties may include lengthy incarceration, large monetary fines, and permanent loss of firearm rights. State penalties may run consecutively and apply additional prison time and fines. Law enforcement investigations often focus on unregistered machine guns, and defenses typically hinge on challenging ownership status, registration compliance, or lawful authority. Anyone under investigation should consult an experienced criminal defense attorney familiar with firearms law.
Practical guidance for Nevada residents
If you are considering owning or inheriting a machine gun in Nevada, confirm that it is a pre-1986 transferable NFA weapon and verify that you are not a prohibited person. Complete ATF Form 4, pay the required tax, and submit the application for registration; do not take possession until you receive official approval and transfer documentation. Store the weapon in a lawful manner and avoid transporting it in a way that violates state or federal rules. Because machine gun laws are complex and can change, seek personalized legal advice before acquiring, transporting, or using a machine gun in Nevada.