Are Fully Automatic Guns Legal in Florida?

Fully automatic guns are legal to own in Florida, but only if the specific firearm was manufactured and federally registered before May 19, 1986, and you acquire it through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) with a $200 tax stamp, fingerprints, a photograph, and a background check. Florida bans machine gun possession as a general rule and then exempts firearms lawfully owned under federal law, so the federal registry is what actually controls who can have one.

The 1986 Cutoff That Controls Everything

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

The ATF confirms that exceptions to the post-1986 ban exist only for government agencies and guns lawfully possessed before the cutoff.² Federally, a machine gun is any weapon that fires more than one shot with a single trigger pull without manual reloading, and the definition also reaches the frame or receiver and conversion parts.³

No new machine gun can enter the civilian market. Only pre-1986 registered guns can change hands between civilians, no matter how much paperwork you file.

How Florida Law Handles Machine Guns

Florida Statute 790.221 makes owning or possessing a machine gun a second-degree felony, punishable by up to 15 years in prison.⁴⁵ The key is subsection (3), which exempts firearms lawfully owned and possessed under federal law. If your machine gun is properly registered with the ATF, Florida will not prosecute you for having it.

Florida’s definition of “machine gun” in Section 790.001(13) tracks the federal one: any firearm that fires more than one shot automatically with a single trigger pull, without manual reloading.⁶ The state adds no extra hoops and offers no alternative path. Legal under federal law means legal in Florida. Not legal under federal law means a serious felony.

What It Costs and How You Buy One

The first obstacle is finding an eligible gun. Because 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 less desirable models rarely dip below $10,000. On top of the purchase price you’ll 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 moves through ATF Form 4, the Application for Tax Paid Transfer and Registration of Firearm. You submit the $200 tax payment, your fingerprints, a passport-style photograph, and consent to a federal background check.⁷

You also send a copy to the chief law enforcement officer in your area. This is a notification only. Since ATF Rule 41F took effect in July 2016, no CLEO signature or approval is required.⁸

Processing has sped up considerably. As of February 2026, the average wait for an individual eForm 4 was 10 days; trust applications averaged 26 days electronically, and paper submissions ran about three weeks.⁹ Individual cases can run longer if the ATF flags something for review.

Registering Through an NFA Gun Trust

Many owners register through an NFA gun trust rather than as individuals. Co-trustees named in the trust can lawfully possess, use, store, and transport the firearm without their own tax stamp. Every “responsible person” in the trust must submit fingerprints, a photograph, and pass a background check when a new firearm is added.⁸ A trust also simplifies inheritance: when the grantor dies, the firearm passes to beneficiaries through the trust without a new transfer tax.

Where You Can Take It

Owning a registered machine gun is not the same as being allowed to carry it. Florida’s concealed weapon license statute excludes machine guns from the definition of a concealed weapon or concealed firearm; the license covers handguns, electronic weapons, tear gas guns, knives, and billies.¹⁰ Florida’s permitless carry law, effective July 2023, uses the same definitions and does not change that exclusion.

All the usual off-limits locations still apply: police stations, courthouses, polling places, detention facilities, government meetings, portions of bars primarily devoted to alcohol service, and the sterile areas of airports. Florida Statute 790.25 recognizes lawful possession of firearms at your home or place of business without a carry license.¹¹ In practice, owners transport machine guns to and from ranges in cases with ammunition stored separately, and keep them secured at home.

Taking one out of Florida requires ATF authorization in advance. Federal law prohibits anyone other than a licensed dealer, manufacturer, or importer from transporting a machine gun across state lines without approval from the Attorney General.¹ You apply on ATF Form 5320.20 and must receive the approval before you travel.¹² Even with approval, confirm the destination state allows machine gun possession. Not all do.

Bump Stocks and Conversion Devices Are a Separate Problem

People sometimes assume the machine gun rules cover devices that make a semiautomatic fire faster. They do not, and both Florida and the federal government treat those devices harshly on their own terms.

Florida Statute 790.222 makes possessing a bump-fire stock a third-degree felony. The statute reaches any conversion kit, tool, accessory, or device used to increase a semiautomatic firearm’s rate of fire beyond what a person could achieve unaided.¹³ That is broad wording, so treat any such accessory carefully.

Federally, the ATF classifies machine gun conversion devices, sometimes called switches, auto sears, or Glock switches, as machine guns themselves. Possessing the device alone, even without a gun to attach it to, can carry up to 10 years in federal prison.¹⁴

Penalties for Getting It Wrong

Illegal machine gun possession in Florida is a second-degree felony punishable by up to 15 years in state prison.⁴⁵ Federal charges can be brought in parallel, and a single incident can produce both state and federal prosecutions. The ATF has said publicly that enforcement against illegal conversion devices is a priority, and those cases regularly result in significant prison sentences.¹⁴

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 790.06 – License to Carry Concealed Weapon or Concealed Firearm
11
The Florida Legislature. Florida Statutes 790.25 – Lawful Ownership, Possession, and Use of Firearms and Other Weapons
12
Bureau of Alcohol, Tobacco, Firearms and Explosives. Application to Transport Interstate or to Temporarily Export Certain National Firearms Act Firearms
13
The Florida Legislature. Florida Statutes 790.222 – Bump-Fire Stocks Prohibited
14
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