Is Possession of a Machine Gun a Criminal Offense?

 Posted on June 23, 2025 in Gun & Weapon Crimes

Unlike many other countries, the United States has permissive laws that address the ownership of guns. The Second Amendment to the U.S. Constitution guarantees the "right to bear arms," and while people may disagree about the extent of this right, it is generally agreed that people are allowed to possess and use firearms. While certain types of guns, including machine guns, have been banned by both federal and state laws, court cases have challenged these bans, leading to confusion about what types of weapons may be permitted and whether certain firearms may be restricted.

Due to the uncertainty about what types of guns may be covered by federal and state laws, some people may be charged with weapons offenses without realizing that they had violated the law. For those who are facing either state or federal charges related to firearms, representation by an experienced attorney can be crucial. A criminal defense lawyer who has a strong understanding of the applicable laws can provide guidance on the best ways to resolve these cases while working to protect their client’s rights.

Tennessee Case Challenges Ban on Machine Guns

A case currently being considered by the Sixth Circuit Court of Appeals may address whether laws banning machine guns violate the Second Amendment. In this case, a man was arrested in Tennessee after a shootout with police. He had been using a pistol with an attachment that converted it into an automatic weapon, so he was charged with a violation of the federal statute 18 U.S.C. 992(o), which states that it is illegal to possess a machine gun.

When arguing the case before an appeals panel, the defendant’s attorney and the attorney representing the federal government cited different Supreme Court rulings that may affect people’s right to possess machine guns. The U.S. attorney argued that the 2008 case District of Columbia v. Heller allows "dangerous and unusual weapons" to be banned. She stated that the right to bear arms under the Second Amendment is not unlimited.

The defendant’s attorney argued that the 2022 case of New York State Rifle and Pistol Association v. Bruen only allows bans of weapons if there is a historical tradition of doing so, and there is no historical equivalent of machine guns. He also argued that the device used to convert the pistol to an automatic weapon was not the equivalent of an assault rifle, and since these types of weapons are widely available and commonly used, the weapon should not be considered unusual.

The panel has not yet reached a decision in this case, but its ruling could affect future cases related to the ownership of machine guns. If the court chooses to uphold the federal law banning machine guns or strike it down, the case could be appealed to the Supreme Court.

Connecticut Law Regarding Machine Guns

Under current state laws, people in Connecticut are prohibited from possessing or using machine guns for offensive purposes, including situations where a machine gun is carried on property that is not owned or rented by the person in possession of the weapon or when machine guns are possessed by someone who has been convicted of a violent crime. This offense carries a sentence of between five and 10 years in prison. The possession or use of a machine gun by a person who commits or attempts to commit a violent crime can lead to a sentence of 10 to 20 years.

Contact Our Hartford Weapons Charges Lawyers

As the laws related to the possession or use of firearms change, people may face weapons charges or other related offenses. In these situations, Woolf & Ross Law Firm, LLC can provide effective legal representation, working to protect our clients’ rights and help them avoid criminal convictions. To arrange a free consultation, contact our Connecticut weapons offenses attorneys at 860-290-8690.