Georgia Law on Machine Guns and Dangerous Weapons
Georgia does not impose a state-level ban on machine guns, short-barreled rifles, short-barreled shotguns, silencers, or destructive devices, provided the possessor complies with federal registration requirements under the National Firearms Act of 1934. O.C.G.A. Section 16-11-122 prohibits the possession of a sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer except in compliance with federal law. The statute defines a machine gun as any weapon that shoots or is designed to shoot automatically more than six shots without manual reloading by a single function of the trigger. A sawed-off shotgun is defined as a shotgun with a barrel less than 18 inches or an overall length less than 26 inches.
Consider this scenario: You inherit a firearm collection that includes a weapon with an auto sear that converts it to fully automatic fire. Possessing this device without proper federal registration is a serious felony under both state and federal law.
Federal NFA Registration Requirement
The National Firearms Act requires registration and payment of a $200 tax for the manufacture or transfer of NFA weapons. Machine guns manufactured after May 19, 1986 cannot be registered for civilian possession under the Hughes Amendment to the Firearm Owners Protection Act. Legally owned NFA weapons must be registered in the National Firearms Registration and Transfer Record maintained by ATF. Possession of an unregistered NFA weapon is a federal felony under 26 U.S.C. Section 5861, carrying up to ten years imprisonment and a $250,000 fine. Georgia your attorney handling NFA cases must coordinate with federal practitioners because prosecution typically occurs in federal court.
State Prosecution
Violation of O.C.G.A. Section 16-11-122 is a felony carrying one to five years imprisonment for the first offense and five to ten years for a subsequent offense. The state must prove possession of the prohibited weapon and lack of compliance with federal registration requirements. The defense has the option to demand production of ATF records to verify whether the weapon is registered and whether the defendant or any co-owner holds the required tax stamp. If the weapon is properly registered, possession is lawful under Georgia law and the charge cannot be sustained.
Constructive Possession and Knowledge
In cases involving constructive possession of NFA weapons found in shared spaces, the state carries the burden of establishing the defendant had knowledge of the weapon’s presence, knowledge of the weapon’s characteristics that bring it within the NFA classification, and ability to exercise dominion and control. An item may look like a standard firearm but contain modifications that bring it within the NFA definition. If the defendant did not know about the modification, the knowledge element may be lacking. At this stage, the focus shifts to retain a firearms expert to examine the weapon and testify about whether its NFA characteristics would be apparent to a layperson.
Auto Sear and Conversion Device Issues
ATF classifies auto sears and other devices that convert semiautomatic weapons to fully automatic fire as machine guns under the NFA, regardless of whether they have been installed. Possession of the conversion device alone, without installation, constitutes possession of a machine gun. Recent federal enforcement has targeted forced reset triggers and similar devices. Your attorney’s priority is to be aware that a client may possess what appears to be a simple firearm part but is classified as a machine gun under ATF interpretation, and this classification may not be obvious to the client.
Exemptions and Lawful Possession
O.C.G.A. Section 16-11-124 exempts certain persons from the dangerous weapons prohibition, including peace officers, members of the military, persons with valid federal firearms licenses for the manufacture or sale of NFA weapons, and persons authorized by federal law. Effective defense requires your attorney to investigate whether the client falls within any exemption. The burden of proof regarding exemptions may shift depending on the jurisdiction, but your defense attorney should be prepared to present evidence of lawful authorization.
Defending NFA Weapon Charges
Key defense approaches include challenging the classification of the weapon as an NFA item through expert testimony, challenging the defendant’s knowledge of the weapon’s prohibited characteristics, establishing lawful federal registration, challenging the search and seizure that led to discovery of the weapon, and establishing that the defendant falls within a statutory exemption. In cases involving allegations of conversion devices. It is critical to examine whether the device actually functions to convert the weapon to automatic fire, as nonfunctional or improperly installed devices may not meet the statutory definition.