The primary factor determining the legality of an AK-47 in the United States is its firing capability. A true AK-47, designed with a fully automatic setting, is generally illegal for civilian ownership, manufacture, and importation in the U.S. However, semi-automatic versions, which operate differently, are widely available and legal.
The Distinction: Fully Automatic vs. Semi-Automatic
Understanding the difference between fully automatic and semi-automatic firearms is crucial to comprehending the legal status of AK-47s.
| Feature | Fully Automatic AK-47 | Semi-Automatic AK-47 |
|---|---|---|
| Firing Mode | Fires continuously with a single trigger pull | Fires one round per trigger pull |
| Legality | Generally illegal for new civilian ownership, manufacture, or import; some existing models are legal under strict federal regulation. | Generally legal for civilian ownership, subject to state and local laws. |
| Availability | Extremely restricted; limited to pre-1986 registered machine guns. | Widely available in various configurations for the civilian market. |
- Fully Automatic (Machine Gun): These firearms discharge multiple rounds with a single pull and hold of the trigger. Under the National Firearms Act (NFA) of 1934 and the Firearm Owners' Protection Act (FOPA) of 1986, the manufacture and new registration of fully automatic weapons for the civilian market were banned. This means that while a "true" AK-47 in its military configuration is fully automatic, it cannot be newly manufactured or imported for civilian sale.
- Semi-Automatic: These firearms fire one round each time the trigger is pulled, requiring a new trigger pull for every shot. Semi-automatic models of the AK-47 are legally produced and sold in the U.S., as they do not meet the definition of a machine gun. These versions often closely resemble their fully automatic counterparts externally but lack the internal mechanisms for automatic fire.
How Fully Automatic AK-47s Can Still Be Legal
Despite the general prohibition, it is still possible to legally acquire a fully automatic AK-47, though with significant restrictions and expense. This is typically limited to machine guns that were legally registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) before the 1986 ban. These pre-ban transferable machine guns are rare and command very high prices. Ownership requires a lengthy federal approval process, including:
- Extensive background checks.
- Registration with the ATF.
- Payment of a federal transfer tax stamp.
- Compliance with all state and local laws, which may impose further restrictions or outright bans on machine gun ownership.
In essence, what makes an AK-47 "illegal" for the general public is its capacity for fully automatic fire, not its design or appearance, provided it adheres to semi-automatic functionality.
