Is It Legal for a Civilian to Own an M16? – Backfire (2024)

The M16 is a well-known rifle because of its mentions in movies referring to the military, so it has become a much-desired gun for individuals to own.

Owning a fully automatic M16 is legal for civilians, but the government paperwork required to acquire one takes more than a year, and the purchased M16 must have been manufactured prior to the 1986 ban. M16 rifles cannot simply be purchased new at a store, and the pre-ban rifles being sold today are in excess of $25,000.

Because of the significant government taxes and restrictions, the government has created a world where only the richest Americans can own an M16.

Is It Legal for a Civilian to Own an M16? – Backfire (1)

Taking a look at what is an M16.

M16 is a military designation that is given to specific tool previously issued to the majority of US troops. While I served, I was issued an M16A4. “M16” being the small arms platform (rifle), and the “A4” being a set of modifications from the original rifle which was submitted.

So, what differentiates it from the civilian AR15 (Armalite Rifle model 15)? Two things!

Is It Legal for a Civilian to Own an M16? – Backfire (2)
  • The name: The military designates is “M16”, which is specific to the military versions. The civilian designation is AR15 from the original design, however different companies designate their similarly designed rifles to other names as well.
  • Select fire: If it is semi-automatic (one round per action of the trigger), it is not an M16. Part of that military designation is that it is a select fire weapon. Select fire, meaning that it can either shoot semi-automatically, or in burst/full-automatic mode.

To summarize, an M16 is a machine gun and we will be using that term to discuss the legality from this point on.

I thought machine guns were illegal?!? Are you saying they are not?

On April 10th, 1986, the Hughes Amendment became law. Democrat William John Hughes proposed an amendment to the National Firearms Act which ensured that only the wealthy and elite would be allowed to own machine guns. This amendment moved machine guns away from just requiring a $200 tax stamp, into an all-out ban on civilian sales of any newly manufactured machine guns.

Supply immediately became fixed while demand continues to grow. Today (September 2021) the price of a legal M16 ranges from $25,000-$50,000+.

As with most gun control laws, they don’t really apply to the wealthy or the elite. But if you have the money and the time to spend, you can legally own one. We will outline the process below.

How to legally purchase an M16, ie. a legal machine gun.

Is It Legal for a Civilian to Own an M16? – Backfire (3)

1st- You need to find yourself a LOCAL Class 3 firearms dealer with an S.O.T. (Special Occupational Tax). This will be the person you physically pick the M16 up from once you do the rest of the task. You need to talk to them, find out what they charge to do the transfer (all the paperwork involved) and agree to the price of their work, plus the reasonable storage timeframe that will be involved on their end.

2nd- Find a “Pre-1986” N.F.A. (National Firearms Act) registered M16 for sell. There are online websites that help facilitate this, but you dramatically increase your chances if you, have the money to spend, and get socially involved with the person from step one. These items are becoming rarer every year and knowing who is willing to sell them is half of the struggle. As one of the few people in the United States who can deal in these items, I will add in that they become more expensive and harder to find every year.

3rd- Make the purchase and start the paperwork by paying your $200 tax stamp fee. This includes going through a full background check, additionally submitting your fingerprints to the FBI as well. You then must wait somewhere around a year before the bureaucrat’s process your paperwork and grant you your rights back.

4th- If they do not deny, delay, or just flat out lose your paperwork (after cashing your check of course), then you get to go pick up your M16 machine gun.

Summing up the cost:

  • 2-3 days of your life searching and shopping around
  • $200 tax stamp
  • $25,000+
  • 1 year of dealing with one of the few government organizations less efficient than the DMV.

Is there any other way to own one?

There is another way to legally own one that we have not talked about yet.

This is the most invasive way and although it can be considered the cheapest, that is only considering direct dollar value. If you want to get knee-deep in government paperwork and home inspections, you can become a firearms manufacture and apply for your special occupational tax.

Is It Legal for a Civilian to Own an M16? – Backfire (4)

FFL 07 (Manufacture) SOT2 (Manufacture of NFA items)

Without writing a dissertation, we would not be able to write down everything you need to get done in order to follow the maze of paperwork set forth by the Federal Government. Here is a short summary.

  • Get Federal Firearms License (FFL07) – $150 every 3 years
  • Get Special Occupational Tax (SOT2) – $500-$1000 a year
  • Get Business License – $???? local
  • Sale and Manufacture Firearms

Once you get everything to start operating your business, you must follow through in operating that business. This means you are going to be spending a minimum of a few hours a week plus around a $1000 a year just to legally manufacture your own machine gun.

This still does not include the cost of the materials and the machines that are required to safely do so. I personally have gone this route and I have several machine guns but at the expense of just purchasing one. This seems like a good deal until you realize that any machine gun you make after 1984 has to be destroyed as soon as you stop paying your $500-$1000 yearly bribe to the government.

Do you want one?

Now that you know how to legally own one, is it something you want? Machine guns are fun! However, they are expensive to make in small batches, and even more expensive to operate with todays ammo prices. Just for fun I calculated the per hour rate of running an M16.

Is It Legal for a Civilian to Own an M16? – Backfire (5)

I accounted for the time for the machinegun to run through a fully loaded magazine, time for magazine change, time for each trigger pull, and the cost per round. Hope you enjoyed it!

Is It Legal for a Civilian to Own an M16? – Backfire (2024)

FAQs

Is It Legal for a Civilian to Own an M16? – Backfire? ›

True assault rifles were banned from manufacture in 1986. But firearms manufactured prior to that date can still be legally owned. They are, however, still NFA controlled items, you have to go thru an extensive background check and pay a $200 tax.

Can you legally own an M16? ›

In the United States, civilians can own an M16 if it was manufactured and registered before May 19, 1986, and they comply with all federal, state, and local laws regarding firearm ownership. 3. What are the main differences in functionality between the AR-15 and M16?

Can civilians own burst fire guns? ›

Burst Fire is legal, some weapons are made ONLY for Burst-Fire. Anything that pulls more than one cartridge per trigger is considered an automatic weapon and is therefore illegal unless you buy a predator.

What M16 parts are illegal? ›

In the US, the Auto Sear for an M16 is a part that serves no other purpose than to make a gun shoot automatically. Such parts are themselves considered machine guns and are illegal to possess unless properly registered, etc.

What is the civilian version of the M16? ›

While also making the M16 for the US armed forces, Colt continued using the AR-15 trademark for its semi-automatic-only rifles marketed to civilian and law-enforcement customers, known as the Colt AR-15.

Can civilians own 3 round burst? ›

Yes, 3 round burst as well as fully automatic firearms are legal to own in the United States. The background check is pretty exhaustive and the price tag is steep, but as long as it is a registered machine gun made before 1986, you can apply for a NFA tax stamp for $200 and buy a machine gun.

Is an M16 an assault rifle? ›

The M16 Assault Rifle is the standard-issue shoulder weapon in the U.S. military. Designed to fire small, high-velocity rounds (5.56 mm caliber vs. 7.62 mm), the weapon is relatively small and light, thereby significantly decreasing the overall load warfighters needed to carry.

What weapons are illegal for civilians? ›

The weapons that fall under illegal possession include:
  • Firearms illegal to all civilians.
  • Machine guns.
  • Sawed-off shot guns.
  • Explosives and bombs.
  • Stilettos.
  • Switchblades.
  • Other illegal knives.

Do 3 round burst guns exist? ›

For instance, the M16A4 (the standard-issue service rifle of the USMC) has, in addition to the semi-automatic mode, a three-round burst mode, which replaced the fully automatic mode of the previous M16A1 and M16A3 models.

Can a citizen own a howitzer? ›

You can own a howitzer. The 2A doesn't allow it, but it does prevent government from prohibiting it. You may note that Congress has the power to issue letters of marque and reprisal. This assumes that merchant ships were going to be armed with cannons and/or carronades.

Is a M16 a burst? ›

The M16, adopted by the US Air Force in 1961, is select fire, either semi or fully automatic. As is the M16A1, adopted by the US Army in 1967. And the M16A3, adopted by the US Navy in the mid 1990s. The M16A2 and M16A4 have the 'burst' mechanism in lieu of a full automatic setting.

Are M16 hammer legal? ›

In order to avoid violations of the NFA, M16, hammers, triggers, disconnectors, selectors and bolt carriers must not be used in assembly of AR-15 type semiautomatic rifles, unless the M16 parts have been modified to AR-15 Model SP1 configuration.

Is M16 a failure? ›

The M16 rifle in the Vietnam War was marred by a series of critical problems that severely undermined its effectiveness and tarnished its reputation among soldiers. Initially introduced as a replacement for the M14, the M16 faced immediate challenges in the harsh and demanding conditions of the Vietnamese jungles.

What is the US replacing the M16 with? ›

In April 2022, the U.S. Army selected the SIG MCX SPEAR as the winner of the Next Generation Squad Weapon Program to replace the M16/M4. The rifle is designated XM7.

What does the 16 in M16 stand for? ›

With the US military's overhaul of nomenclature during WW2, the number after 'M' just meant it's order in the series. The M16 is the 16th rifle adopted by the US military, whereas the M4 Carbine derived from it is the 4th carbine adopted.

How much is a full-auto M16 worth? ›

At least $20,000, in mint condition maybe $40,000. But as long as it's serviceable and can be rebuilt a minimum of $8,000 would be my best estimate simply because it's full auto and fully legal to own. The price will vary depending on where and how you buy it.

Can you legally own an M16 in Texas? ›

Possessing, manufacturing, transporting, repairing, or selling a machine gun is illegal in Texas unless the machine gun is registered in compliance with federal law. In Texas, illegal firearm possession can be a misdemeanor or a felony depending on the type of weapon and where the weapon is carried.

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