Is MP40 legal?

The iconic MP40 submachine gun is a fascinating piece of World War 2 history that many firearm enthusiasts dream of owning. But is it legal for civilians to own one in the United States?

The answer is: potentially yes, but with significant caveats. While private ownership of an original MP40 is allowed under federal law, it requires special licensing and is still banned outright in some states. Read on for an in-depth look at the legality of owning this classic firearm.

Overview and History of the MP40

The MP40, or “Maschinenpistole 40”, was a key submachine gun used by Axis forces throughout WW2. Designed in Nazi Germany, over 1 million were produced between 1940-1945 by manufacturers like Erma and Steyr.

It fired the 9x19mm Parabellum pistol round from a 32-round stick magazine at a rate of 500 rounds per minute. The iconic aesthetics featured a side-folding metal stock, bayonet lug, and distinct curvature giving it superb ergonomics.

Weighing just under 9 pounds and with an effective range of 200 meters, the MP40 offered soldiers high mobility and stopping power in close quarters combat. It became a hallmark of the German blitzkrieg tactics early in the war.

After WW2, the MP40 continued to see use globally by military forces well into the 1960s and 1970s. Even irregular forces have occasionally used them as recently as the Syrian Civil War.

Today, the MP40 is highly desired by firearms collectors and WW2 re-enactors. It‘s valued for its integral role in 20th century history and remains one of the most recognizable guns ever made.

Ownership Laws and Restrictions

For those hoping to legally own an MP40 today, there are a complex web of laws at both the federal and state levels to navigate.

The National Firearms Act of 1934 and Firearm Owners Protection Act of 1986 are the primary federal statutes governing civilian access to automatic firearms like machine guns.

Here are some key considerations regarding owning an MP40 in the United States as a civilian:

• Only samples produced and registered before 1986 are legal for civilians. New production MP40s can only be sold to law enforcement or military.

• Possession of an unregistered, illegal machine gun carries up to 10 years in federal prison and massive fines.

• A $200 tax stamp from the ATF is required, with months-long approval process including extensive background checks. Fingerprints and identification are also required.

• Ongoing compliance with strict regulations including storage in a secure container or with trigger locks. The ATF can revoke a tax stamp for non-compliance.

• Transfer of ownership requires undergoing the tax stamp approval process again. The ATF must be notified if moving firearms across state lines.

• Several states including California, New York, New Jersey prohibit owning machine guns entirely, even with federal approval. Always check state laws.

As you can see, legal MP40 ownership places major hurdles at both the federal and state levels. Failure to comply can result in felony charges and confiscation of the firearm.

Pricing and Availability for Collectors

Only about 150,000 MP40s were left in Germany at the end of the war. Of those, around 14,000 were imported to the United States as surplus. Since the 1986 ban on new machine guns, prices for transferable MP40s have skyrocketed.

Today, an authentic WW2-era MP40 in good working condition can easily fetch over $25,000 in the collector‘s market. Rare variations or guns with specific provenance can sell for up to $60,000 at auction.

For comparison, other machine guns like the M16 and Uzi sell for $20,000-$30,000. The MP40‘s iconic status from WW2 drives the extra collectibility factor.

There are also new semi-automatic reproductions of the MP40 available for $1,300-$1,800. These replicate the look while allowing civilian legal ownership without the licensing rigmarole of a true machine gun.

Why Does the MP40 Hold Such Appeal?

So what is it about the MP40 that makes it such a prized specimen for collectors despite the legal hurdles?

1. Historic Significance – The MP40 is inextricably linked to Nazi Germany‘s successes early in WW2. It is an iconic symbol of the era and Blitzkrieg tactics.

2. Engineering & Design – Despite being mass-produced, the MP40 featured clever construction with stamped steel parts. The look is unmistakable even today.

3. Firepower – Firing 9mm at up to 500 rounds per minute provided formidable close quarters firepower for the time.

4. Availability – With over 1 million produced, and around 14,000 imported, the MP40 had higher availability than other Allied and Axis machine guns.

5. Hands-On Experience – For collectors, actually firing an original MP40 offers a direct hands-on experience with living history.

Shooting an MP40

For those fortunate few who get to legally fire an MP40, it‘s an experience that lives up to its iconic reputation.

Owners frequently comment on its surprising accuracy and moderate recoil given the pistol caliber ammunition and rate of fire. The ergonomic design with side-folding stock and pistol grip make it easy to wield.

The signature "burp gun" sound and sheer rapidity of fire make it clear why the MP40 struck fear in the hearts of Allied forces. Yet examples in good condition can deliver reliable and controllable full-auto firepower decades after the war ended.

Here‘s a great video example of the MP40 being fired:

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For shooters used to modern firearms, the all-metal construction and old-school sights take some adjustment. But overall the MP40 showcases its prowess as a revolutionary mid-20th century submachine gun design.

Final Thoughts

The MP40 submachine gun undoubtedly holds an enduring appeal for military historians and firearm collectors. With over 1 million produced during WW2, it became synonymous with the German war effort.

For civilians interested in owning an original, the considerable legal hurdles and tens of thousands of dollars required put ownership out of reach for all but the most dedicated. A semi-auto reproduction offers a more accessible alternative to experience this iconic WW2 weapon.

But for those serious collectors able to undertake the licensing process and afford the rising collector prices, firing a real MP40 offers a direct connection back to the 1940s. The quality engineering and craftsmanship of Hugo Schmeisser‘s original design lives on, and makes the MP40 one of history‘s most coveted machine guns.