Yes, you can own a fully automatic weapon in Georgia as a private citizen, but only by going through the federal National Firearms Act process and buying from the frozen pool of machine guns that were already in civilian hands before May 19, 1986. Georgia itself adds no extra permits or waiting periods. The federal process does the gatekeeping, and the price of admission starts around $8,000 for entry-level models and runs past $40,000 for common ones.
What Georgia Requires on Top of Federal Law
Nothing, in practical terms. Georgia’s criminal code prohibits possession of machine guns generally, but a statutory exception makes possession lawful for anyone who complies with the federal registration requirements.1Justia Law. Georgia Code 16-11-122 – Possession of Sawed-Off Shotgun, Sawed-Off Rifle, Machine Gun, Dangerous Weapon, or Silencer If the ATF has approved your transfer and the weapon sits in the National Firearms Registration and Transfer Record under your name or your trust, Georgia treats your possession as legal.
The state also preempts local governments from writing their own firearms rules, so no county or city in Georgia can layer additional machine gun restrictions on top of federal law.
The 1986 Freeze on New Machine Guns
The reason machine gun ownership is expensive and limited comes from one sentence added during a 1986 House vote. The Firearm Owners Protection Act made it illegal to transfer or possess any machine gun that was not lawfully possessed before May 19, 1986.2govinfo. Public Law 99-308 – Firearms Owners Protection Act3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Government agencies are exempt. Weapons already registered before that date are exempt. Everything else is off-limits to civilians, forever.
The result is a closed market. No new machine guns can enter civilian ownership, and the same finite pool of pre-1986 weapons has been changing hands for nearly forty years. Demand grew, supply did not, and prices climbed accordingly.
Who Can Legally Buy One
Federal law bars several categories of people from possessing any firearm, and those bars apply to NFA weapons too. Under 18 U.S.C. § 922(g), you cannot possess a machine gun if you have a felony conviction, are a fugitive, are an unlawful user of a controlled substance (marijuana counts regardless of state legalization), have been adjudicated mentally defective or committed to a mental institution, received a dishonorable discharge, have a qualifying domestic violence misdemeanor or restraining order, renounced U.S. citizenship, or are unlawfully present in the United States.3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts NFA transfers follow the same minimum age as handgun purchases through a licensed dealer: 21.4Bureau of Alcohol, Tobacco, Firearms and Explosives. Minimum Age for Gun Sales and Transfers
How the Transfer Works
Buying a machine gun is nothing like buying a rifle at a sporting goods store. The transaction runs through ATF Form 4, which the buyer and seller file jointly.5Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Forms The ATF must approve the transfer before you take possession of the weapon.6Office of the Law Revision Counsel. 26 USC 5812 – Transfers Not after, not while paperwork is pending. Before.
An individual application requires your fingerprints, a photograph, identifying information for both parties, and a full description of the firearm.6Office of the Law Revision Counsel. 26 USC 5812 – Transfers You also pay the $200 federal transfer tax at filing.7Office of the Law Revision Counsel. 26 USC 5811 – Transfer Tax
Wait times have shortened considerably. According to the ATF’s most recent published processing data, electronic Form 4 filings by individuals are averaging around 10 days, and trust filings around 26 days.8Bureau of Alcohol, Tobacco, Firearms and Explosives. Current Processing Times Paper submissions run longer. A few years ago, waits routinely exceeded six months. Once approved, the ATF returns the stamped Form 4, and the dealer can release the weapon.
What You Will Actually Spend
Because the transferable pool has been frozen since 1986 while demand has grown, prices bear no resemblance to what these firearms originally cost. Lower-end options like MAC-10s and MAC-11s typically start around $8,000 to $12,000. A transferable HK MP5 runs roughly $35,000 to $45,000 depending on configuration and condition. Transferable M16 rifles and variants tend to fall in a similar range or higher. Rare or historically significant pieces exceed $100,000.
That is the firearm alone. Add the $200 federal transfer tax and a dealer administrative fee. Budget several hundred dollars beyond the sticker price before the weapon is legally yours.
Individual Registration or NFA Trust
You can register the weapon in your own name or through a gun trust, and the choice has real consequences.
Registered as an individual, you are the only person who can legally possess the weapon. Nobody else may use it, transport it, or have unsupervised access to it. A trust names multiple trustees, all legally authorized to possess the firearm. That matters if a spouse shares your gun safe, if you want a family member to shoot the gun at a range, or if you want someone to have legal access while you are away.
Trusts also simplify what happens when you die. An individual owner’s estate has to file a new transfer application to pass the weapon to an heir. A trust keeps ownership in place and distributes to named beneficiaries without a new ATF approval or an additional $200 stamp.
The cost is paperwork. Every trustee, called a “responsible person” by the ATF, must individually submit fingerprints, a photograph, and a background questionnaire on ATF Form 5320.23.9Bureau of Alcohol, Tobacco, Firearms and Explosives. National Firearms Act (NFA) Responsible Person Questionnaire – ATF Form 5320.23 Each goes through the same screening you would face as a solo applicant. And if you register as an individual first and later want to move the weapon into a trust, you file a new Form 4 and pay another $200 per item. Decide before you file.
Conversion Devices Are Treated as Machine Guns
This is where buyers get themselves into serious federal trouble without realizing it. The statutory definition of a machine gun covers not just complete automatic firearms but any part or combination of parts designed to convert a standard firearm into one.10Office of the Law Revision Counsel. 26 USC 5845 – Definitions Auto sears, “Glock switches,” and similar devices fall inside that definition. Possessing the device alone is illegal, even without the host firearm.11Bureau of Alcohol, Tobacco, Firearms and Explosives. U.S. Attorney and ATF Release New Public Service Announcement Warning Against Possession of Machine Gun Conversion Devices
These parts are cheap and widely available online, sometimes marketed as airsoft components or imported unmarked. The ATF has been aggressive about prosecuting them. A $30 switch bought off the internet carries the same federal felony exposure as an unregistered military rifle.
Taking It Out of Georgia
Owning a registered machine gun in Georgia does not give you a free pass to carry it into other states. Before transporting an NFA firearm across state lines, an individual owner must file ATF Form 5320.20 and receive approval.12Bureau of Alcohol, Tobacco, Firearms and Explosives. Application to Transport Interstate or Temporarily Export Certain National Firearms Act (NFA) Firearms – ATF Form 5320.20 Movement inside Georgia does not require this form, though address changes should be reported to the ATF in writing so your registration stays current.
Federal approval alone is not enough. Confirm that the destination state allows civilian machine gun possession at all. Several do not, and carrying a legally registered weapon into one of those states creates a state criminal problem no federal paperwork will fix.
Penalties for Getting It Wrong
Federal law creates two overlapping penalty schemes, and prosecutors can charge under either or both.
Possessing a machine gun that is not registered to you in the federal registry is a felony under the NFA punishable by up to 10 years in prison and a fine of up to $10,000.13Office of the Law Revision Counsel. 26 USC 5871 – Penalties The triggering conduct includes receiving or possessing an unregistered NFA firearm, transferring one without approval, or lying on any NFA application.14govinfo. 26 USC 5861 – Prohibited Acts
Possessing a machine gun in violation of the 1986 civilian ban carries penalties under 18 U.S.C. § 924(a)(2): up to 10 years in prison and a fine of up to $250,000.15Office of the Law Revision Counsel. 18 USC 924 – Penalties That is the statute typically used for post-1986 weapons and unregistered conversion devices. A conviction under either provision leaves you with a permanent felony record and a lifetime ban on owning any firearm at all.