27 CFR § 478.36 - Transfer or possession of machine guns.

---
identifier: "/us/cfr/t27/s478.36"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "27 CFR § 478.36 - Transfer or possession of machine guns."
title_number: 27
title_name: "Alcohol, Tobacco Products and Firearms"
section_number: "478.36"
section_name: "Transfer or possession of machine guns."
chapter_name: "BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE"
subchapter_number: "B"
subchapter_name: "FIREARMS AND AMMUNITION"
part_number: "478"
part_name: "COMMERCE IN FIREARMS AND AMMUNITION"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 552(a); 18 U.S.C. 847, 921-931; 44 U.S.C. 3504(h)."
regulatory_source: "33 FR 18555, Dec. 14, 1968, unless otherwise noted. Redesignated at 40 FR 16835, Apr. 15, 1975, and further redesignated by T.D. ATF-487, 68 FR 3750, Jan. 24, 2003."
cfr_part: "478"
---


# 478.36 Transfer or possession of machine guns.

No person shall transfer or possess a machine gun except:

(a) A transfer to or by, or possession by or under the authority of, the United States, or any department or agency thereof, or a State, or a department, agency, or political subdivision thereof. (See Part 479 of this chapter); or

(b) Any lawful transfer or lawful possession of a machine gun that was lawfully possessed before May 19, 1986 (See Part 479 of this chapter).

[T.D. ATF-270, 53 FR 10494, Mar. 31, 1988]