Are Fully Automatic Guns Legal in Florida? The 1986 NFA Cutoff

Fully automatic guns are legal to own in Florida, but only if the specific firearm was manufactured and registered with the federal government before May 19, 1986, and you acquire it through the full Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) transfer process. Everything else, including newer machine guns, unregistered ones, and most conversion devices, is a felony under both state and federal law.

Why the 1986 Cutoff Matters

Two federal laws control machine gun ownership. The National Firearms Act of 1934 requires every machine gun to be entered in the National Firearms Registration and Transfer Record and imposes a $200 tax on each transfer. The Firearm Owners’ Protection Act of 1986 added the Hughes Amendment, which made it illegal for any civilian to transfer or possess a machine gun not lawfully possessed before May 19, 1986.¹

The practical effect is a frozen supply. Only pre-1986 registered machine guns can change hands among civilians, and no new ones can enter the civilian market no matter how many forms you file. The ATF confirms that exceptions to the post-1986 ban exist only for government agencies and firearms lawfully possessed before the cutoff.²

Federal law defines a machine gun as any weapon that fires more than one shot with a single trigger pull without manual reloading. The definition also reaches the frame or receiver of such a weapon and any part or combination of parts designed to convert a regular firearm into one that fires automatically.³

How Florida Law Treats Machine Guns

Florida Statute 790.221 makes it a second-degree felony to own or possess a machine gun, punishable by up to 15 years in prison.⁴⁵ That’s the default rule and it catches most people off guard.

The exception lives in subsection (3): firearms lawfully owned and possessed under federal law are exempt. If your machine gun is properly registered with the ATF and you went through the full federal transfer process, Florida won’t prosecute you for having it. Florida’s definition of “machine gun” in Section 790.001(13) tracks the federal one and adds no extra requirements or alternative pathways.⁶ Legal under federal law means legal in Florida. Not legal under federal law means a serious state felony on top of any federal charges.

How to Legally Buy One

The first obstacle is finding a gun. Because the civilian supply has been frozen since 1986, transferable machine guns are scarce collectors’ items. As of early 2026, M16 variants have been selling in the $26,000 to $37,000 range, and even less sought-after models rarely dip below $10,000. On top of the purchase price, expect to pay the $200 federal transfer tax and a dealer transfer fee that typically runs $25 to $125 at Class 3 dealers in Florida.

ATF Form 4

Every civilian transfer of a registered machine gun goes through ATF Form 4, the Application for Tax Paid Transfer and Registration of Firearm. The form requires the $200 tax payment, your fingerprints, a passport-style photograph, and a federal background check.⁷

You also send a copy of the application to the chief law enforcement officer (CLEO) in your area. Since ATF Rule 41F took effect in July 2016, this is notification only; the old requirement for a CLEO signature of approval was eliminated.⁸

Processing times have improved under the ATF’s eForms system. As of February 2026, the average wait for an individual eForm 4 application was about 10 days, with trust applications averaging 26 days electronically. Paper submissions for both ran about three weeks.⁹ Those are averages. Applications flagged for additional review can take longer.

NFA Gun Trusts

Many owners register the firearm through an NFA gun trust rather than as individuals. The main advantage is shared access: co-trustees named in the trust can legally possess, use, store, and transport the machine gun without their own tax stamp or separate registration. Under Rule 41F, every “responsible person” in the trust must submit fingerprints, photographs, and pass a background check when a new firearm is added.⁸ Trusts also simplify inheritance. When the grantor dies, the firearm passes to beneficiaries through the trust without a new transfer tax.

Bump Stocks, Switches, and Forced Reset Triggers

Florida bans devices that mimic automatic fire separately from federal law. Under Florida Statute 790.222, possessing a “bump-fire stock” is a third-degree felony. The statute defines the term broadly to include any conversion kit, tool, accessory, or device used to increase a semiautomatic firearm’s rate of fire beyond what a person could achieve unaided.¹⁰ That wording is broad enough to potentially reach devices beyond traditional bump stocks, so treat the statute carefully.

On the federal side, the ATF classifies machine gun conversion devices, often called “switches,” “auto sears,” or “Glock switches,” as machine guns in their own right. Possessing the device alone, even without the host firearm, can carry up to 10 years in federal prison.¹¹

Forced reset triggers (FRTs) sit in a different legal position. In July 2024, a federal court in Texas ruled that Rare Breed FRT-15s and Wide Open Triggers are not machine guns under the NFA. As part of the settlement, the federal government agreed not to enforce machine gun statutes against people possessing eligible FRTs.¹² This area has shifted quickly, so verify the current status of any specific trigger model before buying.

Carrying, Transporting, and Travel

Owning a registered machine gun does not mean you can carry it. Florida’s concealed weapon license statute explicitly excludes machine guns from the definition of “concealed weapon or concealed firearm.” The license covers handguns, electronic weapons, tear gas guns, knives, and billies.¹³ Florida’s permitless carry law, which took effect in July 2023, uses the same definitions and doesn’t change the exclusion.

General Florida location rules apply on top of that. Firearms are off limits at police stations, courthouses, polling places, detention facilities, government meetings, the portions of bars primarily devoted to alcohol service, and the sterile areas of airports. Those restrictions apply regardless of carry license status or how the firearm is registered.

Most owners move their firearms to and from the range in cases, stored separately from ammunition, and keep them secured at home. Florida Statute 790.25 recognizes lawful possession of firearms at a person’s home or place of business without a carry license.¹⁴

Taking a machine gun out of Florida requires advance ATF authorization. Federal law prohibits anyone other than a licensed dealer, manufacturer, or importer from transporting a machine gun across state lines without specific approval from the Attorney General.¹ You apply using ATF Form 5320.20 and must receive the approved form back before you travel.¹⁵ Even with ATF approval, confirm the destination state permits machine gun possession. Not every state does.

Gunsmithing and Storage

Leaving a machine gun with a gunsmith does not trigger a “transfer” requiring new paperwork. The ATF treats routine gunsmith work, including fitting parts, repairing mechanisms, and replacing barrels, as work performed under the gunsmith’s dealer license. The gunsmith doesn’t need a manufacturer’s license or a special occupational tax stamp to work on your registered machine gun as long as the work is for your personal use and not part of building guns for resale.¹⁶

Storing a machine gun in a locked storage locker at a licensed dealer’s facility also doesn’t count as a transfer, provided only you have access to the locker. If the dealer opens the locker for any reason, that is treated as an acquisition and triggers the usual transfer requirements.¹⁷

Penalties for Getting It Wrong

Under Florida law, illegal machine gun possession is a second-degree felony carrying up to 15 years in state prison.⁴⁵ Federal charges can be brought at the same time. The ATF has stated that possessing a machine gun conversion device alone can carry up to 10 years in federal prison.¹¹

Possessing a bump-fire stock in Florida is a separate third-degree felony under Section 790.222.¹⁰ Because Florida and federal prosecutors can act independently, a single incident can produce both state and federal cases, and the federal government has made enforcement against illegal conversion devices a stated priority.

1
Office of the Law Revision Counsel. 18 USC 922
2
Bureau of Alcohol, Tobacco, Firearms and Explosives. National Firearms Act
3
Office of the Law Revision Counsel. 26 USC 5845 – Definitions
4
Florida Senate. Florida Code 790.221 – Possession of Short-Barreled Rifle, Short-Barreled Shotgun, or Machine Gun; Penalty
5
The Florida Legislature. Florida Statutes 775.082 – Penalties; Applicability of Sentencing Structures; Mandatory Minimum Sentences
6
Florida Senate. Florida Statutes 790.001 – Definitions
7
Bureau of Alcohol, Tobacco, Firearms and Explosives. Application for Tax Paid Transfer and Registration of Firearm – ATF Form 4 (5320.4)
8
Bureau of Alcohol, Tobacco, Firearms and Explosives. Background Checks for Responsible Persons (Final Rule 41F)
9
Bureau of Alcohol, Tobacco, Firearms and Explosives. Current Processing Times
10
The Florida Legislature. Florida Statutes 790.222 – Bump-Fire Stocks Prohibited
11
Bureau of Alcohol, Tobacco, Firearms and Explosives. U.S. Attorney and ATF Release New Public Service Announcement Warning Against Possession of Machine Gun Conversion Devices
12
Bureau of Alcohol, Tobacco, Firearms and Explosives. Rare Breed Triggers FRT-15s and Wide-Open Triggers (WOTs) Return
13
The Florida Legislature. Florida Statutes 790.06 – License to Carry Concealed Weapon or Concealed Firearm
14
The Florida Legislature. Florida Statutes 790.25 – Lawful Ownership, Possession, and Use of Firearms and Other Weapons
15
Bureau of Alcohol, Tobacco, Firearms and Explosives. Application to Transport Interstate or to Temporarily Export Certain National Firearms Act Firearms
16
Bureau of Alcohol, Tobacco, Firearms and Explosives. NFA Handbook – Chapter 7: Manufacturing NFA Firearms
17
Bureau of Alcohol, Tobacco, Firearms and Explosives. Open Letter to All Federal Firearms Licensees Providing Firearm Storage for Individuals