Federal Automatic Knife Laws

Is it legal to shoot someone with a legally-owned machine gun?

…OK OK, I am re-asking this question because of the barrage of uninformed and downright ignorant responses I received a minute ago.
First of all, yes, automatic weapons are civilian-legal under federal BATF laws. You have to pay a $200 one-time tax, get your local police chief to vouch for you, and get permission from the BATF, then purchase them through a Class III firearms dealer. And it has to be legal in your state. You DO NOT need any special license, and of course you can’t be a fugitive, felon, or escapee from a mental ward, but the same goes for purchasing any gun. I know several people who own such LEGAL full-auto weapons, (which is why I ask this question), and they’re a big hit at the range of course. It iritates me that hardly anyone knows their rights these days…
*Phew* OK so on with the dang question, let’s say I have met all these conditions, and I am in my own home, and somebody smashes a window, climbs in, and threatens to stab my wife with a knife…ok?

“Is it legal to shoot someone with a legally-owned machine gun? I am in my own home, and somebody smashes a window, climbs in, and threatens to stab my wife with a knife…ok?”

The quick answer to your question is “Probably.”

The issues arising from firearms purchase, ownership, possession, and use are particularly difficult to address on “Laws & Ethics” since in the U.S. alone there are thousands and thousands of statutes, regulations, and ordinances that differ from municipality to municipality, from state to state, and from the states to the federal government.

You might have a duty to retreat– even within your own home! Further, the storage requirements for your automatic weapon might be such that having it at hand for such a situation is so unlikely that you’d be in violation of the storage ordinance. And depending on your level of documented expertise in using the weapon, using the full-automatic option might be considered overkill. I’m sure there’s more….

That said, let’s focus on the issue. The possession of a firearm and the use of a firearm are two different issues. Your legal possession of any weapon does not constitute the legal use of that weapon and vice versa. So, you can legally possess an automatic firearm and still use it illegally; And you can be in illegal possession of a firearm and still use it legally. (See Bernhard Geotz, New York, 1984: He was acquitted of charges related to the use of the weapon, but convicted of illegal possession of a firearm.)

In this case, the harm created by the use of deadly force against an aggressor is offset by the affirmative defense of “self-defense” and, therefore, would be “legal” even where you used an automatic firearm to do that harm.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]

A Spring Assist Knife vs. An Automatic Switchblade

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