As debate for FOPA was in its final stages in the House before moving on to the Senate, Rep. William J. Hughes (D-N.J.) proposed several amendments including House Amendment 777 to H.R. 4332, which modified the act to ban the civilian ownership of new machine guns, specifically to amend 18 U.S.C. § 922 to add subsection (o):
(o)(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.
(2) This subsection
does not apply with respect to—
(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; or
(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.
The ATF, as a representative of the U.S. and with authority from the National Firearms Act, can authorize the transfer of a machine gun to an unlicensed civilian. An unlicensed individual may acquire machine guns, with ATF approval.[4] The transferor must file an ATF application, which must be completed by both parties to the transfer:[4]
executed under penalties of perjury[5]
both parties must reside in the same state as the individual
pay a $200 transfer tax to ATF[6]
the application must include detailed information on the firearm and the parties to the transfer[5][7]
the transferee must certify on the application that he or she is not disqualified from possessing firearms on grounds specified in law
the transferee must submit with the application (1) two photographs taken within the past year; and (2) fingerprints[7]
the transferee must submit with the application (3) a copy of any state or local permit or license required to buy, possess, or acquire machine guns
an appropriate (local) law enforcement official must certify whether he or she has any information indicating that the firearm will be used for other than lawful purposes or that possession would violate state or federal law[7]
the transferee must, as part of the registration process, pass an extensive Federal Bureau of Investigation criminal background investigation.
If ATF denies an application, it must refund the tax.[4] Gun owners must keep approved applications as evidence of registration of the firearms and make them available for inspection by ATF officers.[4]