It is your right as an American citizen if you so choose, to own weapons and firearms as protection and also for sport (hunting animals during certain seasons). Despite your right to own weapons and firearms, there are certain weapons that have been banned by different states. As a gun owner, it is your responsibility and right to understand the gun laws and bans.
In the United States, some weapons are banned nationwide, including, but not limited to, machine guns, suppressors, short-barreled shotguns, destructive devices, and short-barreled rifles. However, These weapons can be purchased with a Tax Stamp. Each state also has its own list of banned weapons.
We have compiled a comprehensive list of illegal weapons in the United States, as well as the different restrictions each state has imposed.
Why Weapons Get Banned
When a weapon gets banned in the United States, it is not because the government is attempting to infringe on our rights, rather it is to protect our right to life. Weapons that have been banned are often weapons that are semi-automatic or automatic. These can shoot off several rounds without someone reloading them. This can become a major threat to the public if someone were to go on a killing spree.
Other times, individual states have harsher weapon bans to accommodate for individual opinions on weapon danger levels. When you are purchasing guns, it is your responsibility as a citizen to do your research on whether the weapon is legal in your state or not. You should also do your research when you travel to a new state. You do not want to get arrested or charged by accidentally bringing an illegal weapon into that state.
Banned Weapons
Throughout the United States, some weapons are banned country-wide, but most bans vary depending on the state. The federal government has passed bans on weapons multiple times throughout history. These bans have included, but are not limited to the Public Safety and Recreational Firearms Use Protection Act and the Federal Assault Weapons Ban (AWB). Some of these bans have only been in place for a certain amount of time. For example, the Federal Assault Weapons Ban was only in place for 10 years beginning on September 13, 1994, and ending in 2004.
Below is a comprehensive list of banned weapons depending on the state.
*Note: States with an extensive list of banned weapons will have all weapons listed
State | Banned Weapons |
Alabama | Brass or steel Teflon-coated handgun ammo-exception- if it is designed to expand on contact |
Alaska | None This is a free state which has no major restrictions on weapons, guns, ammo, or parts. |
Arizona | None This is a free state which has no major restrictions on weapons, guns, ammo, or parts. |
Arkansas | Machine guns Short-barreled rifles |
California | Cane guns Undetectable firearms Machine guns Multi-trigger activators Assault Weapons *Others* |
Colorado | Magazines that hold more than 15 rounds Machine guns |
Connecticut | Assault Weapons Short-barrel shotguns Magazines that hold more than 10 rounds Armor-piercing ammo Incendiary .5 caliber ammo |
Delaware | Machine guns-exception-scientific or experimental research Silencers-exception-wildlife biologists with a special permit Trigger cranks Short-barrel shotguns |
Florida | Dragon’s breath shotgun shells, flechette shells, or bolo shells Armor-piercing or exploding ammo Bump stocks and binary triggers |
Georgia | None This is a free state which has no major restrictions on weapons, guns, ammo, or parts. |
Hawaii | Assault pistols Shotguns with barrel lengths less than 18 inches long Cannons Automatic firearms Silencers *Others* |
Idaho | None This is a free state which has no major restrictions on weapons, guns, ammo, or parts. |
Illinois | Silencers Firearms with a low melting point Machine guns Any weapon made from a shotgun or rifle with an overall length less than 26 inches Explosive bullet *Others* |
Indiana | Armor-piercing ammo-exception- certain manufactures and law enforcement officers |
Iowa | None This is a free state which has no major restrictions on weapons, guns, ammo, or parts. |
Kansas | Setting spring guns Any cartridge that a gun can fire with plastic-coated bullets that are 60% lighter than lead bullets |
Kentucky | The selling of armor-piercing ammo |
Louisiana | Armor-piercing ammo Machine guns-exceptions-there are some exceptions for certain groups of people |
Maine | Armor-piercing ammo-exception- a part of a collection |
Maryland | Assault weapons Firearms with a low melting point Possession of ammo which is restricted Any firearm not found on the state’s approved firearm list |
Massachusetts | Assault weapons Silencers -exception-federally-licensed manufacturer or law-enforcing officers Covert weapons Magazines that hold more than 10 rounds or that hold more than 5 shotshells |
Michigan | Machine guns-exception- the federal government manufacturers Armor-piercing ammo-exception- licensed dealers Pistols greater than 26 inches -exception- registered under certain rules Spring guns |
Minnesota | Machine guns -exception- licensed dealers Short-barrel shotguns -exception- licensed dealers Firearms with a low melting point Set guns, swivel guns, spring guns Trigger activators *Others* |
Mississippi | None This is a free state which has no major restrictions on weapons, guns, ammo, or parts. |
Missouri | Flashbangs bullets that explode on impact due to an independent explosion Explosive weapons |
Montana | None This is a free state which has no major restrictions on weapons, guns, ammo, or parts. |
Nebraska | None This is a free state which has no major restrictions on weapons, guns, ammo, or parts. |
Nevada | Metal bullets that penetrate and used in a handgun |
New Hampshire | None This is a free state which has no major restrictions on weapons, guns, ammo, or parts. |
New Jersey | Machine guns Silencers Assault firearms Armor-piercing ammunition Short-barrel shotguns *Others* |
New Mexico | None This is a free state which has no major restrictions on weapons, guns, ammo, or parts. |
New York | Assault weapons Machine guns Magazines that hold more than 10 rounds Silencers Firearms that have a low melting point *Others* |
North Carolina | Teflon-coated ammo |
North Dakota | None This is a free state which has no major restrictions on weapons, guns, ammo, or parts. |
Ohio | None This is a free state which has no major restrictions on weapons, guns, ammo, or parts. |
Oklahoma | Restricted bullets (bullets that are less than 60% lead) |
Oregon | None This is a free state which has no major restrictions on weapons, guns, ammo, or parts. |
Pennsylvania | Offensive weapons |
Rhode Island | Untraceable firearms (any homemade or 3D-printed guns) Machine guns -exception- with a manufacturer’s license Silencers Trigger cranks Short-barrel shotguns *Others* |
South Carolina | Teflon-coated ammo |
South Dakota | None This is a free state which has no major restrictions on weapons, guns, ammo, or parts. |
Tennessee | Explosive ammo |
Texas | Armor-piercing handgun ammo Zip guns |
Utah | None This is a free state which has no major restrictions on weapons, guns, ammo, or parts. |
Vermont | Large-capacity ammunition feeding devices (these are the magazines that hold a lot of ammo) |
Virginia | Plastic firearms Machine guns -exception- registered with the state police Striker 12 (street sweeper) |
Washington | Short-barrel shotguns Machine guns Unregistered handguns |
West Virginia | None This is a free state which has no major restrictions on weapons, guns, ammo, or parts. |
Wisconsin | None This is a free state which has no major restrictions on weapons, guns, ammo, or parts. |
Wyoming | None This is a free state which has no major restrictions on weapons, guns, ammo, or parts. |
*Others*- in states that have huge weapon ban lists, we did not mention all the banned weapons
Note- Living in a free state may not mean the whole state allows any weapon. There may be different counties or cities within your state that have weapon bans.
Weapons That Are Illegal Without a Tax Stamp
Many weapons, which people refer to as a “Class 3 Firearm,” require an NFA (National Firearms Act) Tax Stamp. Below is a list of weapons under the “Class 3 Firearm” classification.
- Machine Guns
- Suppressors
- Short-Barreled Shotguns (SBS)
- Destructive Devices
- Short-Barreled Rifles (SBR)
- Any Other Weapons (AOW)
If you are interested in purchasing any of the above weapons and you do not have a Federal Firearms License (FFL), you will have to purchase a separate tax stamp for each weapon on the above list. If you do have an FFL, you will not be required to pay for individual tax stamps, rather you make an annual tax payment. Having an FFL makes you a Special Occupational Taxpayer (SOP).
Jail Time and Fines for Owning an Illegal Weapon
If you are an avid gun owner, it is crucial that you are fully aware of the gun laws not only in your state but in the states you travel to. Even if you are allowed to own a certain gun in your home state, does not mean you are allowed to bring it across borders to another state. Doing your research ahead of time can save you money and protect you from getting your weapon confiscated.
- Charged With
Owning or being in the possession of an illegal weapon is often charged as a misdemeanor, but is sometimes charged as a felony offense. The deciding factor between charging as a misdemeanor or a felony offense often depends on if the person being charged has committed the same crime in the past or any other felony.
- Fines
Misdemeanors and felonies often have a fine associated with them. While the specific amount of the fine can vary greatly depending on the case, misdemeanors often do not exceed $1,000 and felony offenses do not often exceed $10,000.
- Jail Time
If you were charged with a misdemeanor, it is unlikely you will have to serve jail time, but each case is different. Often the most time you will have to serve for possession of an illegal weapon when getting charged with a misdemeanor is 6 months to a year.
If you were charged with a felony for possession of an illegal weapon, you will have to serve a minimum of 1 year in prison. Depending on the case and the history of the person being charged with the crime, you may have to serve more than 10 years in prison.
- Probation
Depending on the judge and the case, you may be sentenced to time with probation. This is usually at least 6 months long but can reach 24 or even 36 months. Within this term of probation, you will be required to follow the rules the court has set in place. These often include holding a steady job, or not committing any more crimes, or even complying with a curfew. If someone fails to comply with the rules set for probation, they could risk going back to court.
Is it Illegal to Make Your Own Weapon?
Under the second amendment where we can see our gun-owning rights, this also includes our right to making our own weapons. While the federal and state governments have been heavily regulating guns, it is still legal to make your own weapon as long as you do not live in a state where it is banned.
Although you can make and own your handmade weapons, according to the Gun Control Act of 1968, you cannot sell your weapon for profit unless you are licensed to do so. You can make and possess a weapon or firearm as long as you are legally allowed to possess a firearm. If you are a convicted felon, under the age, or discharged dishonorably from the military, it is then illegal for you to make and own a weapon. If you think you may not be legally allowed to possess a firearm, check the ATF to ensure it is legal for you.
Click here to visit the ATF website on prohibited persons.
When you make your own weapon, or you make at least 20% of the weapon, you do not need to have it registered, obtain a license, or pass a background check to legally possess that weapon.
Building Your Own Gun
Now that we know it is legal to make your own as long as you can legally possess a firearm, let’s get into the logistics of building your own gun.
Even though it is legal to make a gun, you must first know how to do it. This is the tricky part because guns are extremely mechanical and hard to design. One way which people have designed a gun that is easier to build but still works with as much power as a gun is by purchasing “unfinished receivers”. A gun’s receiver is the part where the bullets are shot out of and it does all the work. An “unfinished receiver” still requires some tooling but is exponentially easier to design than from scratch.
Building a gun from an “unfinished receiver” is often called a “ghost gun” because it is untraceable. You do not need a license, permit, background check, or anything else to purchase or build an unfinished receiver gun.
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