Machine Guns & Unregistered NFA Firearms in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

Possession of a Machine Gun (18 U.S.C. § 922(o); Pattern Instr. O34.8)

What the Government must prove (Elements):

1. The defendant possessed a machine gun.
2. The defendant knew it was a machine gun, or was aware of the essential characteristics that made it one.

A machine gun is any weapon that shoots, is designed to shoot, or can be readily restored to shoot more than one shot automatically, without manual reloading, by a single function of the trigger. Under the NFA definition, the term also includes the frame or receiver, any part designed and intended solely and exclusively (or combination of parts designed and intended) for converting a weapon into a machine gun, and a combination of parts from which a machine gun can be assembled if the parts are in the person's possession or control. That is why small conversion devices can be charged as machine guns.

The ban does not apply to government possession or to a machine gun lawfully possessed before the ban took effect. Penalty: up to 10 years.

Possessing an Unregistered NFA Firearm (26 U.S.C. § 5861(d); Pattern Instr. O106.1)

What the Government must prove (Elements):

1. The defendant knowingly possessed a firearm covered by the NFA.
2. It was not registered to the defendant in the National Firearms Registration and Transfer Record.
3. When included in the instruction, the defendant knew of the specific characteristics or features that made it subject to registration.

The Government does not have to prove the defendant knew the item had to be registered, only that he or she knew about the feature that made it covered, such as a barrel shorter than the legal length.

NFA "firearms" include: a shotgun with a barrel under 18 inches; a rifle with a barrel under 16 inches; a weapon made from a shotgun or rifle with an overall length under 26 inches or a barrel under those lengths; a machine gun; a silencer; a destructive device; and certain "any other weapons." Antique firearms are excluded.

Penalty: up to 10 years and a fine.

2026 tax change: for transfers and makings starting in 2026, the federal tax on NFA items other than machine guns and destructive devices is $0. The registration requirement has not changed, and possessing an unregistered NFA firearm is still a crime.

Higher Stakes With Other Charges

• A machine gun, destructive device, or silencer-equipped gun in a federal drug or violent crime carries a 30-year consecutive minimum. See Federal 924(c) Gun Charges.
• In Florida, possessing a machine gun during a listed felony brings 10-20-Life minimums of 15 years, 20 for a discharge, and 25 to life if the discharge causes death or great bodily harm. See Gun & Weapons Charges.

Defense Themes

• Knowledge of the features. Did the person know the gun fired automatically, or that the barrel was short?
• Is it really a machine gun or NFA item? Test-firing, measurements, and lab methods can be challenged.
• Possession. Shared homes and cars, and items in someone else's bag.
• Registration records. The Government must prove the item wasn't registered to the defendant.
• The search. See Motions to Suppress.

What to Do First

1. Don't explain or "show how it works" to agents.
2. Don't try to destroy, alter, or hand off the item.
3. Call us before any interview.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Can a small conversion part really be charged as a machine gun?

Yes. The federal definition includes parts designed and intended solely for converting a weapon into a machine gun.

Silencers are tax-free now. Do I still need to register one?

Yes. The 2026 change set the tax at $0 for those items, but the registration rules still apply.