CLAIM: NBC News published an article on May 16, 2025, stating, “Machine guns have been illegal in the United States since 1986.”
VERDICT: False. Machine guns are still legal to own in many states, and are bought and sold regularly—provided they were manufactured before a specific legal cutoff date.
NBC’s claim misrepresents federal law. What actually happened in 1986 was the passage of the Firearm Owners Protection Act (FOPA), which included a provision that prohibited the civilian transfer or possession of machine guns manufactured after May 19, 1986. However, it did not outlaw all machine guns. Lawfully registered machine guns manufactured on or before that date remain legal to own under federal law, assuming the owner complies with strict regulations under the National Firearms Act (NFA) of 1934.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) confirms this, stating clearly on its own website that machine guns “lawfully possessed before the effective date of the prohibition, May 19, 1986,” are still legal.
Acquiring a legal machine gun involves a lengthy process. Buyers must undergo a background check, submit fingerprints and photos, pay a $200 tax stamp, and receive ATF approval before taking possession. Additionally, because no new transferable machine guns have been allowed since 1986, existing pre-ban firearms are limited in supply, causing prices to soar—often into the tens of thousands of dollars.
Despite the red tape and high cost, machine guns are legally owned and sold in numerous states. NBC’s blanket statement is misleading and incorrect. Instead of clarifying the nuances of federal firearms law, the network gave readers the false impression that all machine guns have been banned nationwide, which simply isn’t true.
