Yes, you can own a Tommy gun as a private citizen, but only one that was manufactured and registered with the federal government before May 19, 1986. Buying one means an ATF Form 4 application, a $200 federal transfer tax, fingerprints, a photograph, a background check, and a wait for approval before you ever touch the gun. Legally transferable Thompson submachine guns start around $17,000 and can climb past $30,000, and several states ban civilian ownership outright regardless of federal paperwork.
The 1986 Cutoff Controls What You Can Buy
A Thompson submachine gun fires more than one round per trigger pull, which puts it inside the federal definition of a machine gun and under the National Firearms Act of 1934.1Office of the Law Revision Counsel. 26 USC 5845 – Definitions Every machine gun in civilian hands has to be individually registered in the ATF’s federal database, and possessing one that isn’t registered to you is a federal crime.2GovInfo. 26 USC 5861 – Prohibited Acts
The Firearm Owners’ Protection Act, which took effect on May 19, 1986, made it illegal for any civilian to transfer or possess a machine gun unless it was already lawfully registered before that date.3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts No new machine guns can enter the civilian market. The only Thompsons available to you are those already in the pre-1986 registry.
That frozen supply is what pushes prices so high. A Thompson M1 typically runs $17,000 to $28,000, and original military-issue variants that qualify as Curios and Relics reach $28,000 to $34,000.4Bureau of Alcohol, Tobacco, Firearms and Explosives. National Firearms Act Anyone advertising a “new” fully automatic Thompson at a bargain price is either selling a semi-automatic replica or something illegal.
How the Federal Transfer Works
Every legal purchase follows the same path. You submit ATF Form 4 (Application for Tax Paid Transfer and Registration of Firearm), pay a $200 transfer tax, provide fingerprint cards and a passport-style photograph, and wait for ATF approval before taking possession.5Office of the Law Revision Counsel. 26 USC 5811 – Transfer Tax6Office of the Law Revision Counsel. 26 USC 5812 – Transfers The ATF runs a thorough background check. Anything that disqualifies you from firearm ownership will kill the application.
Most transfers go through a Class 3 (Special Occupational Tax) dealer, who handles the paperwork and holds the gun until approval comes back. Dealer transfer fees generally run $15 to $200 on top of the purchase price and the tax stamp. As of January 2026, electronic Form 4 submissions averaged about 10 to 11 days, while paper submissions took three to four weeks.7Bureau of Alcohol, Tobacco, Firearms and Explosives. Current Processing Times
One rule catches buyers who assume they can pick up the gun once payment clears: you cannot take physical possession before the ATF approves the transfer. If you take the gun home before that approval stamp comes back, both you and the seller have committed a federal offense.
Owning Individually or Through a Trust
You can register a Tommy gun to yourself as an individual or to an NFA trust. The choice matters more than most first-time buyers realize.
Individual ownership means you are the only person who can legally possess the firearm. Hand it to a friend at the range while you step away, and that friend is technically in violation of federal law. An NFA trust lets you name multiple trustees, each of whom can legally possess and use the gun after passing a background check.8Bureau of Alcohol, Tobacco, Firearms and Explosives. Background Checks for Responsible Persons (Final Rule 41F)
A trust also simplifies inheritance. When an individual owner dies, transferring a registered machine gun to an heir requires a new ATF application. A trust can pass the firearm to named beneficiaries without that step. Under ATF Rule 41F, effective July 2016, every “responsible person” listed on a trust must submit fingerprints, a photograph, and a completed Form 5320.23 whenever the trust applies for a new NFA item, and each responsible person undergoes a background check.8Bureau of Alcohol, Tobacco, Firearms and Explosives. Background Checks for Responsible Persons (Final Rule 41F)
State Law Can Override Everything
Federal law is only half the picture. Roughly 17 states and territories ban civilian machine gun ownership entirely, regardless of a valid federal tax stamp. If you live in one of those jurisdictions, a properly registered pre-1986 Tommy gun is still illegal to possess. Confirm your state permits machine gun ownership before spending five figures and months of paperwork.
Some permissive states add their own requirements: state-level registration, additional permits, or documentation of a specific purpose like collecting. These rules vary and change, so checking current state firearms statutes is essential.
Traveling or Moving With a Registered Tommy Gun
Federal law prohibits transporting a machine gun across state lines without prior written authorization from the ATF.3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts You request that permission by filing ATF Form 5320.20 before you travel. An out-of-state shooting event or a trip to a second home in another state both require it.
Permanent relocations use the same form, and you need ATF approval before moving the gun.9Bureau of Alcohol, Tobacco, Firearms and Explosives. Application to Transport Interstate or to Temporarily Export Certain NFA Firearms Moving to a state that bans machine guns creates a trap: you cannot legally bring the gun and may have to transfer it to someone in a permissive state or surrender it.
Repairs, Spare Parts, and Illegal Conversions
An 80- or 90-year-old Thompson will eventually need work. Routine repairs with standard replacement parts are generally fine, but federal regulations define “machine gun” to include any part designed exclusively for converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if those parts are in your possession.10eCFR. Part 479 – Machine Guns, Destructive Devices, and Certain Other Firearms A single worn spring is nothing. A drawer full of parts that could assemble into a working automatic weapon is a problem.
Converting a semi-automatic Thompson replica into a fully automatic weapon is flatly illegal. It violates both the NFA and the 1986 ban, because doing so “makes” a new machine gun that was never registered before the cutoff.3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts For anything beyond cleaning and basic maintenance, a gunsmith with the appropriate Federal Firearms License is the safe route.
Penalties If You Get It Wrong
Two federal penalty frameworks can apply to unlawful machine gun possession, and prosecutors can charge under both at once.
- NFA violations under 26 U.S.C. § 5871, including possessing an unregistered NFA firearm or receiving one transferred unlawfully, carry up to 10 years in federal prison and a fine of up to $10,000.11Office of the Law Revision Counsel. 26 USC 5871 – Penalties
- Gun Control Act violations under 18 U.S.C. § 924, including knowingly possessing or transferring a machine gun in violation of the 1986 ban, carry up to 10 years in prison and a fine of up to $250,000 under general federal sentencing provisions.12Office of the Law Revision Counsel. 18 USC 924 – Penalties
The gun itself will be seized and forfeited. A federal felony conviction also strips your right to vote in most states, permanently bars future firearm ownership, and disqualifies you from jury service and public office. State penalties stack on top: in states that ban machine guns, unlawful possession is typically a separate felony with its own prison time and fines.
Costs Beyond the Purchase
Transferable Tommy guns appreciate over time, and the tax consequences matter. The IRS classifies firearms sold at a profit as collectibles, subject to a maximum federal capital gains rate of 28% rather than the 15% or 20% that applies to most long-term investments.13Internal Revenue Service. Topic No. 409, Capital Gains and Losses Buy a Thompson at $18,000, sell it a decade later at $30,000, and roughly $3,360 in federal capital gains tax comes off that $12,000 profit, plus any state income tax.
Insurance is the other overlooked cost. Standard homeowners policies often cap firearm coverage at a few thousand dollars and may exclude NFA items entirely, which leaves a large gap on a $20,000-plus gun. Specialty firearm insurers write policies for collections that include NFA-regulated weapons, covering theft, damage, and in some cases the cost of replacing tax stamps if the original paperwork is destroyed. Confirm coverage with your carrier before finalizing a purchase, and price a standalone collectible firearms policy if your existing policy falls short.