Which AK is Illegal? Untangling the Laws Surrounding the AK-47
Fast answer first. Then use the tabs or video for more detail.
- Watch the video explanation below for a faster overview.
- Game mechanics may change with updates or patches.
- Use this block to get the short answer without scrolling the whole page.
- Read the FAQ section if the article has one.
- Use the table of contents to jump straight to the detailed section you need.
- Watch the video first, then skim the article for specifics.
The question of which AK-47s are illegal in the United States is complex and hinges on a few key factors: the gun’s automatic capabilities, when it was manufactured, and the specific laws of the state you are in. In short, fully automatic AK-47s manufactured for civilian sale after 1986 are generally illegal under federal law. Furthermore, even semi-automatic versions may be restricted or banned in certain states designated as having assault weapon bans.
Understanding the Legal Landscape
The illegality of an AK-47 doesn’t stem from the model itself, but rather from its characteristics and history. To fully grasp the legality of these firearms, we need to break down the various laws and regulations involved.
Federal Law and the National Firearms Act (NFA)
The National Firearms Act (NFA) of 1934 regulates certain types of firearms, including machine guns. A machine gun, by definition, is a firearm that can fire more than one shot automatically by a single function of the trigger. Because true AK-47s are designed with a fully automatic setting, they fall under the purview of the NFA.
The Firearm Owners Protection Act (FOPA) of 1986 further complicated matters by prohibiting the transfer or possession of machine guns manufactured after May 19, 1986, to civilians. This means that any fully automatic AK-47 manufactured before that date can be legally owned, but only if it was properly registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) prior to the deadline and complies with all NFA regulations. This involves a lengthy application process, background checks, and a $200 transfer tax.
The Assault Weapons Ban
The Assault Weapons Ban (AWB), officially the Public Safety and Recreational Firearms Use Protection Act, was enacted in 1994 and expired in 2004. While it was in effect, it banned certain semi-automatic firearms that were deemed “assault weapons,” based on specific features like pistol grips, folding stocks, and high-capacity magazines. Although this federal ban has expired, several states have enacted their own versions of assault weapons bans, which are still in effect.
State Laws: A Patchwork of Regulations
The legality of AK-47s varies dramatically from state to state. Some states have very permissive gun laws, while others have stringent restrictions on certain types of firearms. Several states, including California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, and New York, have laws restricting or banning “assault weapons.” These laws often define “assault weapons” based on specific features, and many AK-47 variants fall under this definition.
In these states, even semi-automatic AK-47 style rifles may be illegal to possess or transfer, depending on their features and whether they are specifically named in the state’s list of banned firearms. California, for example, has a list of specific AK and AR-15 variations that are banned by name. It is crucial to check the specific laws of your state and locality to determine the legality of owning any type of AK-47.
Deciphering the Terminology
It’s important to understand the terminology used when discussing AK-47s and other firearms.
- Fully Automatic: Fires continuously as long as the trigger is held down. This is what most people associate with a “true” AK-47.
- Semi-Automatic: Fires one round for each trigger pull. Many AK-47 style rifles sold to civilians are semi-automatic.
- Assault Weapon: A term that is often used in legislation to define specific types of semi-automatic rifles with certain features, such as detachable magazines, pistol grips, and folding stocks. The definition varies from state to state.
The AK-12: A Modern Variant
The AK-12 is a more modern version of the AK-47, developed in 2011. Since it was developed after 1986, a fully automatic version can’t be legally owned by individuals due to the FOPA act. Like other AK-47 style rifles, semi-automatic versions of the AK-12 may be legal in some states, depending on their features and compliance with state laws.
The Consequences of Illegal Ownership
Owning an illegal AK-47 can have severe consequences, ranging from fines and imprisonment to the loss of the right to own firearms in the future. Penalties vary depending on the specific laws violated and the jurisdiction. It is imperative to ensure that any firearm you own is in compliance with all applicable federal, state, and local laws.
Staying Informed
Gun laws are constantly evolving, so it’s essential to stay informed about the latest regulations in your area. Consult with a qualified attorney or firearms expert to ensure that you are in compliance with all applicable laws. Resources like the Giffords Law Center to Prevent Gun Violence and the National Rifle Association (NRA) offer information on gun laws.
Frequently Asked Questions (FAQs) About AK-47 Legality
1. Can I legally own a fully automatic AK-47 in the United States?
Generally, no. The Firearm Owners Protection Act (FOPA) of 1986 prohibits the transfer or possession of machine guns (including fully automatic AK-47s) manufactured after May 19, 1986, to civilians. Fully automatic AK-47s made before that date may be legal, but only if properly registered and in compliance with all NFA regulations.
2. What is the difference between a fully automatic and a semi-automatic AK-47?
A fully automatic AK-47 fires continuously as long as the trigger is held down. A semi-automatic AK-47 fires one round for each trigger pull. The fully automatic version is heavily restricted, while the semi-automatic version is subject to varying state laws.
3. What states have banned AK-47s?
Several states restrict or ban “assault weapons,” including many AK-47 variants. These states include California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, and New York, among others. Laws change, so check your state’s current regulations.
4. What is an “assault weapon,” and why is it relevant to the AK-47?
The term “assault weapon” is a legal term, not a technical one, used to describe certain semi-automatic firearms with specific features, such as detachable magazines, pistol grips, and folding stocks. Many AK-47 style rifles fall under the definition of “assault weapon” in states with bans on such firearms.
5. Is the AK-12 illegal in the United States?
Like other AK-47 variants, the legality of the AK-12 depends on its features and the laws of the state. Since it was developed in 2011, civilian ownership of a fully automatic AK-12 is prohibited. Semi-automatic versions may be legal in some states but banned in others.
6. What is the National Firearms Act (NFA)?
The National Firearms Act (NFA) is a federal law that regulates certain types of firearms, including machine guns, short-barreled rifles, and suppressors. Compliance with the NFA involves registration, background checks, and a transfer tax.
7. What is the Firearm Owners Protection Act (FOPA) of 1986?
The Firearm Owners Protection Act (FOPA) of 1986 amended the NFA and made it illegal for civilians to purchase or own fully automatic weapons manufactured after May 19, 1986.
8. If I move to a state where AK-47s are illegal, what should I do?
If you move to a state where your AK-47 is illegal, you have several options: you can sell the firearm, modify it to comply with state laws, or surrender it to law enforcement. Consult with a local attorney to determine the best course of action.
9. What are the penalties for illegally owning an AK-47?
The penalties for illegally owning an AK-47 can be severe, ranging from fines and imprisonment to the loss of the right to own firearms in the future. Penalties vary depending on the specific laws violated and the jurisdiction.
10. Where can I find information on the gun laws in my state?
You can find information on the gun laws in your state by consulting with a qualified attorney or firearms expert, or by checking the website of your state’s attorney general or department of justice.
11. What is the difference between an AK-47 and an AR-15?
The AK-47 and AR-15 are both popular semi-automatic rifles, but they have different designs and origins. The AK-47 is a Soviet-designed rifle known for its reliability, while the AR-15 is an American-designed rifle known for its accuracy and modularity. Despite their technical differences, laws often treat them similarly. It’s important to note that AR in AR-15 stands for ArmaLite Rifle, not Assault Rifle.
12. Is it legal to build my own AK-47?
Building your own AK-47 may be legal, but it is subject to federal and state laws. You must comply with all NFA regulations, and you may need to serialize the firearm. Some states may also prohibit the construction of certain types of firearms.
13. Does the expired federal Assault Weapons Ban affect the legality of AK-47s today?
The expired federal Assault Weapons Ban no longer directly affects the legality of AK-47s. However, some states have enacted their own versions of assault weapons bans, which are still in effect.
14. Can law enforcement or the military own fully automatic AK-47s?
Yes, law enforcement and the military are generally exempt from the restrictions on fully automatic firearms. They can possess and use fully automatic AK-47s for official purposes.
15. How do gun buyback programs affect the AK-47?
Gun buyback programs are voluntary programs where individuals can surrender their firearms to law enforcement in exchange for compensation. These programs can be a way to remove unwanted AK-47s from circulation, but participation is voluntary.
Understanding the complexities of gun laws, especially concerning firearms like the AK-47, requires constant vigilance and access to reliable information. It’s also fascinating to see how games and interactive media can be used to educate people on important topics like these. The Games Learning Society is doing innovative work in this area, showing how games can be powerful tools for education and understanding. You can learn more about their projects at GamesLearningSociety.org.
Navigating the legal landscape surrounding AK-47s is a complex and ever-evolving process. Staying informed and seeking expert advice is crucial for responsible gun ownership and compliance with the law.