Are RPGs Illegal in the US? A Comprehensive Guide
The short answer is: no, RPGs (Rocket-Propelled Grenades) are not inherently illegal in the United States. However, the path to legally owning one is fraught with federal regulations, state restrictions, and a significant amount of paperwork. It’s a far cry from picking up a six-pack and a handgun, and treating it as such could land you in serious trouble. So, buckle up, because we’re about to dive deep into the fascinating and often misunderstood world of RPG ownership in the US.
The National Firearms Act (NFA) and Destructive Devices
The key to understanding the legality of RPGs lies in the National Firearms Act (NFA) of 1934. This landmark legislation, enacted during the Prohibition era to combat gangland violence, regulates certain firearms and devices that the government deemed particularly dangerous. Among these are “destructive devices,” a category that includes grenades, bazookas, and yes, rocket launchers.
The NFA doesn’t outright ban these items. Instead, it imposes a rigorous registration and taxation process. To legally own an RPG, you must:
- Register the device with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This involves submitting an ATF Form 4, an application to transfer and register a firearm to you.
- Pay a $200 transfer tax. This is a one-time fee for each NFA item you acquire.
- Undergo a thorough background check. The ATF will scrutinize your criminal history, mental health records, and other factors to determine if you’re eligible to possess a destructive device.
- Obtain approval from your local Chief Law Enforcement Officer (CLEO). This is often the local Sheriff or Police Chief, who must sign off on your application. This approval is increasingly difficult to obtain in many jurisdictions.
If you successfully navigate this labyrinthine process, you’ll receive an ATF-approved Form 4, which serves as your permission slip to legally possess the RPG.
State and Local Regulations: A Patchwork of Laws
Even if you comply with federal law, you’re not necessarily in the clear. Many states and localities have their own laws regulating or prohibiting the ownership of destructive devices. Some states, like California, impose additional restrictions, such as requiring a “destructive device permit” on top of the federal requirements. Other states may outright ban the possession of RPGs or similar weapons.
It’s crucial to research and understand the laws in your specific jurisdiction before attempting to acquire an RPG. Ignorance of the law is no excuse, and violating state or local regulations can result in severe penalties, including fines, imprisonment, and the forfeiture of your weapon.
Why the Hassle? The Rationale Behind the Regulations
The strict regulations surrounding RPG ownership are rooted in the government’s desire to control access to weapons that pose a significant threat to public safety. RPGs are inherently dangerous, capable of inflicting massive damage and destruction. Unregulated access to these weapons could potentially empower criminals and terrorists, posing a grave risk to society.
While some argue that these regulations infringe on Second Amendment rights, the courts have generally upheld the constitutionality of the NFA, reasoning that it strikes a reasonable balance between individual liberty and public safety.
Cost Considerations
Beyond the legal hurdles, acquiring and maintaining an RPG can be incredibly expensive. The RPG launcher itself can range in price from $500 to $2,000, depending on the model and condition. Each rocket can cost anywhere from $100 to $500, and that’s before considering the costs of storage, maintenance, and training.
In short, owning an RPG is not a casual hobby for the financially constrained. It’s an investment that requires significant resources.
Legality vs. Practicality: A Dose of Reality
Even if you manage to legally acquire an RPG, the practical considerations of owning one are substantial. Where are you going to store it? Where are you going to practice with it? How will you transport it safely and legally?
The answers to these questions are not always straightforward, and they often involve navigating complex legal and logistical challenges. It’s a far cry from the Hollywood portrayal of RPGs as readily available tools for action heroes.
Related FAQ’s
1. What exactly constitutes an “RPG” under the NFA?
The NFA broadly defines “destructive devices” to include any weapon that is designed or readily converted to expel a projectile by the action of an explosive, and which has a bore of more than one-half inch in diameter. This encompasses most RPG launchers and their associated rockets.
2. Can I own an inert or deactivated RPG?
Owning an inert or deactivated RPG is generally legal without NFA registration, as long as it’s permanently rendered incapable of firing a projectile. However, it’s crucial to ensure that the deactivation is irreversible and complies with ATF guidelines.
3. What is an NFA Class 3 license? Does it apply to RPG ownership?
The term “NFA Class 3 license” is often misused. There’s no such thing as a license to own NFA items like RPGs. The NFA registry applies to individuals.
4. What are the penalties for illegally owning an RPG?
The penalties for illegally possessing an unregistered destructive device can be severe, including up to 10 years in prison and a $250,000 fine.
5. Are there any legitimate reasons for a civilian to own an RPG?
Some collectors and historical enthusiasts may have legitimate reasons for owning RPGs, such as preserving military artifacts or participating in historical reenactments. However, it’s crucial to emphasize that recreational use or self-defense are not considered valid reasons by the ATF.
6. Can I build my own RPG launcher?
Building your own RPG launcher would almost certainly violate the NFA, as it constitutes the illegal manufacture of a destructive device.
7. How can I find a lawyer specializing in NFA firearms?
The National Rifle Association (NRA) and other gun rights organizations often provide resources and referrals to attorneys specializing in NFA firearms.
8. Does the military use RPG’s?
Some of the US Army Special Forces Weapons Sergeants (18B), and some others, are trained in their use and maintenance for the purpose of training some of our foreign allies who use them.
9. How does the ATF verify proper deactivation of destructive devices?
The ATF has specific guidelines for deactivating destructive devices, which typically involve welding the barrel shut, removing essential components, and rendering the weapon permanently inoperable. They can, and will, inspect the weapon to ensure compliance.
10. Is it legal to own RPG ammunition?
Yes, you can own ammunition, but depending on the ammo, you may need to register it with the ATF.
11. What is the US equivalent of an RPG?
The Precision Shoulder-fired Rocket Launcher-1 also known as the (PSRL-1) is a modified American clone of the Soviet/Russian RPG-7 shoulder-fired rocket-propelled grenade launcher developed by AirTronic USA.
12. Is it Legal to Own a Tank?
To my amazement, I learned that not only is tank ownership legal, it is legal in every state. Thankfully, most of the tanks available for purchase are expensive, vintage and nonfunctional.
13. What weapons are illegal to own in the US?
Firearms illegal to all civilians. Machine guns. Sawed-off shot guns. Explosives and bombs.
14. Is it legal to own a grenade?
Possessing a destructive device is illegal in California, if it can be proven in court who it belongs to and that the person knew it was a destructive device.
15. Can you legally buy a flamethrower?
In the United States, flamethrowers are broadly legal for personal ownership and use. California requires a permit for the possession of a flamethrower, and only Maryland has outright banned their ownership and use.
Educational Gaming
The Games Learning Society understands the educational value of video games, including those that simulate combat and the use of weaponry. While it’s critical to approach these topics with sensitivity and responsibility, games can provide valuable learning opportunities, particularly in understanding history, strategy, and problem-solving. You can learn more about the group and it’s purpose at GamesLearningSociety.org.