In the aftermath of a deadly attack in Manhattan, New York City Mayor Eric Adams (D) declared, “Automatic weapons are as easy to get as a cell phone.” A closer look at U.S. firearms laws and purchasing processes reveals this claim is factually incorrect.
Purchasing a cell phone typically requires no more than a valid form of payment and, in some cases, an ID. Most buyers can walk into a store and walk out with a phone in under an hour. No background check, fingerprinting, or federal paperwork is required.
In stark contrast, acquiring an automatic weapon in the United States is a lengthy, highly regulated process. Automatic weapons—defined as firearms that continue firing with a single pull of the trigger—have been heavily restricted under the National Firearms Act (NFA) of 1934 and further regulated by the Firearm Owners Protection Act of 1986. Only automatic weapons manufactured and registered before May 19, 1986, are available to civilians, and their number is fixed.
To legally purchase an automatic weapon, a buyer must:
- Pass an extensive FBI background check.
- Submit fingerprints and a recent photograph.
- Pay a $200 federal transfer tax per weapon.
- Register the weapon with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
- Wait several months for the approval process to be completed.
The legal hurdles, costs, and scarcity of these weapons make them extremely difficult for the average person to acquire. Furthermore, the firearm used in the Manhattan attack was not automatic. It was a semiautomatic rifle, which fires one round per trigger pull and is commonly available for civilian use.
Mayor Adams’ assertion is not only misleading but contradicts existing federal law. No legitimate path exists for a civilian to obtain an automatic weapon with the ease or speed of buying a consumer product like a cell phone.