What Weapons Can US Citizens Not Own Under US Law?
No firearms are banned in the United States outright, but certain weapons and components are restricted. This article explores the legal landscape of banned or highly regulated firearms and their related items within the United States.
Legal Ownership of Firearms
Americans can own any firearm legally, provided they have the proper paperwork and the financial means to acquire them. However, the ease and accessibility of obtaining these weapons may vary significantly. For instance, it's important to note that while you can legally acquire certain components, selling a demilitarized tank would be illegal because you can't sell just half of a tank. Such actions would likely constitute false advertising and could be considered violations of the law.
Weapons Restricted by Regulation
Several types of weapons and devices are subject to regulatory constraints that make them challenging to obtain:
Nuclear Weapons: According to the Atomic Energy Act, only the Department of Energy, the Department of Defense, and their contractors are permitted to produce or possess these weapons. While technically a private citizen could own a nuclear missile with the proper documentation, fees, and permissions, the realities of this scenario are extremely challenging due to significant financial and legal hurdles. Nerve Agents, Chemical Weapons, and Biological Agents: The production and possession of these hazardous materials are strictly regulated by the federal government. Civilians are not allowed to own such weapons or materials, as their use would likely violate national and international laws. Automatically-Feeding Fully Automatic Machine Guns: These weapons are heavily regulated and require a $200 tax stamp and compliance with the National Firearms Act (NFA). Possession without due registration and tax payment is illegal and can lead to severe legal penalties. Large Volumes of Explosives: Ownership of significant amounts of explosives is subject to further restrictions and licensing. Civilians may face additional background checks, storage requirements, and potential licensing conditions to own and store these items safely.Weapon Usage and Legitimacy
For certain items like tanks or large military-grade equipment, ownership and operation are subject to additional regulations similar to those of non-officer drivers. For example, owning a tank would require a driving license if it were to be used on public roads, and like any other vehicle, the owner would be liable for any damage caused to public infrastructure.
Frequently Asked Questions (FAQ)
Q: Can civilians own nuclear weapons?
A: No, civilians are not allowed to own nuclear weapons. Only government agencies and their contractors can legally possess these weapons under the terms of the Atomic Energy Act. Even obtaining the materials or permission to do so would be incredibly difficult and would require a significant amount of money, legal expertise, and government approval.
Q: What about conventional weapons like AR15s or assault rifles?
A: While these are not banned, they require a background check and are subject to state and federal regulations. They can be owned legally with proper paperwork and financial means.
Q: Can I own homemade explosive devices or biological weapons?
A: Absolutely not. These items are highly regulated and controlled by the federal government. Possession and transport of such weapons or materials are illegal and can lead to severe penalties.
Understanding the specific regulations surrounding firearm ownership and related items in the United States is crucial for both legal and safety reasons. The articles Atomic Energy Act and the National Firearms Act (NFA) provide detailed guidance on who can possess, manufacture, and transfer certain arms and components.