How to Legally Own an AA-12: A Comprehensive Guide
The AA-12, or Auto Assault-12, is a fully automatic shotgun renowned for its high rate of fire and devastating firepower. Owning such a weapon is heavily regulated in the United States, and navigating the legal landscape requires careful consideration and adherence to specific federal and state laws. This comprehensive guide aims to provide a clear and factual overview of the steps involved in legally acquiring and possessing an AA-12. Before delving into the specifics, it’s crucial to understand that this information is for educational purposes only and should not be considered legal advice. Always consult with a qualified attorney specializing in firearms law.
Understanding the National Firearms Act (NFA)
The National Firearms Act (NFA) of 1934 governs the ownership of certain types of firearms, including machine guns. Since the AA-12 is a fully automatic weapon, it falls under the purview of the NFA. This means that acquiring an AA-12 involves a significantly more complex process than purchasing a standard rifle or handgun.
Key Provisions of the NFA
- Registration: All NFA firearms must be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
- Tax Stamp: A tax stamp must be obtained for each NFA firearm transfer or manufacture.
- Background Check: A thorough background check is conducted on the applicant.
- Restrictions: Certain individuals, such as convicted felons, are prohibited from owning NFA firearms.
The Path to Legal Ownership: A Step-by-Step Guide
Legally owning an AA-12 is a multi-step process that requires patience, diligence, and strict adherence to regulations. Here’s a breakdown of the key steps:
Step 1: Determine Eligibility
The first step is to ensure that you are legally eligible to own an NFA firearm. Federal law prohibits certain individuals from possessing such weapons, including:
- Convicted felons
- Individuals with a history of domestic violence
- Individuals with certain mental health conditions
- Individuals under indictment for a felony
- Fugitives from justice
- Unlawful users of controlled substances
State laws may impose additional restrictions. It’s essential to verify your eligibility under both federal and state regulations. If you are unsure, consult with a firearms attorney.
Step 2: Locate a Transferable AA-12
Finding a transferable AA-12 is often the most challenging part of the process. The Hughes Amendment to the Firearm Owners’ Protection Act of 1986 generally prohibits the transfer or possession of machine guns manufactured after May 19, 1986, to civilians. This means that only AA-12s manufactured before this date and properly registered are potentially transferable. These pre-1986 AA-12s are rare and command a very high price, often exceeding tens of thousands of dollars. You’ll need to work with a reputable dealer specializing in NFA firearms to locate a transferable AA-12. Be prepared to provide documentation and undergo scrutiny to ensure the transaction is legal.
Step 3: Form 4 Application and Background Check
Once you’ve located a transferable AA-12, you must file an ATF Form 4, Application for Tax Paid Transfer and Registration of Firearm. This form requires detailed information about you, the firearm, and the seller. As part of the Form 4 process, you will undergo a thorough background check. This involves submitting fingerprints and photographs, and the ATF will review your criminal history and other relevant records. The Form 4 also requires the signature of your local Chief Law Enforcement Officer (CLEO), such as your sheriff or police chief. In some jurisdictions, the CLEO’s approval is discretionary. If your CLEO refuses to sign, you may need to explore alternative ownership structures, such as forming a trust or corporation [See also: NFA Gun Trusts Explained].
Step 4: Payment of the Transfer Tax
The NFA imposes a transfer tax on each transfer of a regulated firearm. For machine guns, the transfer tax is typically $200. This tax must be paid before the transfer can be approved. Payment is made by submitting a check or money order along with your Form 4 application.
Step 5: ATF Approval and Possession
After submitting your Form 4 application, background check materials, and payment, you must wait for the ATF to process your application. Processing times can vary significantly, often taking several months or even a year or more. Once your application is approved, the ATF will return the approved Form 4 with a tax stamp affixed. This stamp serves as proof that the transfer has been authorized and the tax has been paid. Only then can you legally take possession of the AA-12.
Alternatives to Individual Ownership
Given the challenges and restrictions associated with individual ownership of an AA-12, some individuals explore alternative ownership structures:
NFA Gun Trusts
An NFA gun trust is a legal entity that can own NFA firearms. Trusts offer several advantages, including:
- Bypass CLEO Signature: In some jurisdictions, a trust can bypass the requirement for a CLEO signature on the Form 4 application.
- Co-Trustees: A trust allows multiple individuals to possess and use the firearm.
- Estate Planning: A trust can facilitate the transfer of the firearm to beneficiaries upon the owner’s death.
Corporations
A corporation can also own NFA firearms. Similar to trusts, corporations can bypass the CLEO signature requirement and allow multiple individuals to possess and use the firearm. However, corporations are subject to more stringent regulatory requirements than trusts.
State and Local Laws
In addition to federal laws, state and local laws may further restrict the ownership of machine guns. Some states prohibit private ownership of machine guns altogether. It’s crucial to research and comply with all applicable state and local laws before attempting to acquire an AA-12. Failure to do so can result in severe penalties, including fines and imprisonment. For example, California has very strict laws regarding assault weapons [See also: California Assault Weapon Ban].
Maintaining Legal Compliance
Owning an AA-12 comes with ongoing responsibilities. You must:
- Keep the firearm securely stored: To prevent theft or unauthorized access.
- Notify the ATF of any change of address: Within 30 days of moving.
- Comply with all applicable laws and regulations: Including restrictions on transportation and use.
The High Cost of Ownership
Beyond the legal hurdles, the financial cost of owning an AA-12 is substantial. The initial purchase price of a transferable AA-12 can easily exceed $30,000. In addition, there are ongoing costs associated with ammunition, maintenance, and legal compliance. Prospective owners should carefully consider these costs before pursuing ownership.
Conclusion
Legally owning an AA-12 is a complex and challenging endeavor. It requires a thorough understanding of federal and state laws, meticulous attention to detail, and significant financial resources. While the process can be daunting, it is possible to legally acquire and possess an AA-12 by following the steps outlined in this guide. However, it is essential to consult with a qualified firearms attorney to ensure full compliance with all applicable laws and regulations. Remember, this guide is for informational purposes only and does not constitute legal advice. Always seek professional legal counsel before making any decisions regarding the acquisition or possession of NFA firearms. The AA-12 remains a regulated firearm, and proper procedures must be followed to ensure legal ownership. Navigating the legal complexities surrounding the AA-12 is crucial for responsible gun ownership. The allure of owning an AA-12 is undeniable, but legal ownership demands a commitment to understanding and adhering to the intricate web of regulations. Before pursuing ownership of an AA-12, reflect on the responsibilities that come with it and ensure that you are prepared to meet the legal and ethical obligations. The process of acquiring an AA-12 legally underscores the importance of responsible gun ownership and respect for the law. Furthermore, remember that the information presented here is not a substitute for professional legal advice. Consult with a qualified attorney specializing in firearms law for personalized guidance regarding your specific circumstances and jurisdiction. Owning an AA-12 requires careful planning and execution to ensure compliance with all applicable laws. This guide provides a foundation for understanding the legal landscape, but professional guidance is essential for navigating the complexities of NFA regulations. The decision to pursue ownership of an AA-12 should be made with careful consideration of the legal, financial, and ethical implications involved. Therefore, seek legal counsel and ensure that you are prepared to meet the responsibilities that come with owning such a powerful firearm. The AA-12, while a formidable weapon, should be handled with the utmost respect and responsibility, adhering to all applicable laws and regulations. This commitment to legal compliance is paramount for responsible gun ownership. Understanding the intricacies of owning an AA-12 legally is a testament to responsible gun ownership and adherence to the law.
