LOS ANGELES -- Although I have never owned a weapon more terrifying than a squirt gun, I sometimes wonder how far the Second Amendment’s misinterpretation can be stretched before it gets way more ludicrous than it already is.
Opponents of gun control always sing the same tedious aria -- that any regulation of firearms would violate a strict interpretation of the Constitution. But given that profoundly unnuanced argument shouldn’t all weapons be legal? Shouldn’t “strict interpretation” include serious artillery? You know, like the Normandy stuff.
In short, if you can buy a military-style assault weapon like the ever-popular AR-15, why can’t you buy a much bigger weapon, like say, a tank?
You can. Even online.
An award-winning novelist and former magazine editor who co-authored the movie, “Blue Streak,” John Blumenthal’s work has appeared in The Los Angeles Times, The Chicago Sun-Times, Playboy, Publishers’ Weekly, Salon and Huffington Post. This was written for The Plain Dealer and cleveland.com.
I’m not a law professor but I am something of a Google virtuoso, so one day, in a spontaneous burst of paranoia, I decided that I’d like to know whether someone in my neighborhood could legally own a tank.
To my amazement, I learned that not only is tank ownership legal, it is legal in every state. Thankfully, most of the tanks available for purchase are expensive, vintage and nonfunctional. Often, they require modifications and can be pricey to ship since many are of foreign provenance.
Nonfunctional tanks--those that move like tanks but can’t shoot--are basically just mammoth motor vehicles with caterpillar treads instead of wheels and do an impressive job of crushing things.
Technically, purchasing a functional tank (one with an operational cannon) is legal but most civilians don’t qualify. A Destructive Device permit or license is required, and these are very seldom issued. It’s a bureaucratic hassle, background checks are thorough and even if the buyer jumps through all the hoops and is approved, operation of the tank is very limited.
Yet one might wonder why functional tanks are classified as “destructive devices” by the ATF and are subject to heavy restrictions, while the clearly destructive, military-style AR-15s, are not regulated in most states.
Many tank owners are private collectors and tank museums abound in the United States.
Arnold Schwarzenegger owns one, the same model he operated while serving in the Austrian army. Prior to buying it, the vehicle was housed at Motts Military Museum in Ohio. Sometimes his tank is the main attraction at after-school events for disadvantaged school kids that Schwarzenegger holds at his home. (Fun fact: Arnold once took Jay Leno for a ride during which he crushed a limo.)
Owning a tank has obvious downsides.
They’re painfully slow, have no trunk space and parallel parking is a nightmare. Some need 600 gallons of gas to travel 300 miles.
Certain states allow tank-owners to drive their vehicles on public roads but most limit use to private property. Modifications can be costly and commercial driver’s licenses must be secured.
For example, Ohio law allows ownership of historical vehicles that are at least 25 years old. They can only be used for exhibitions, parades, club activities and the like, but not for general transportation, and may only be driven on public roads for the purpose of maintenance. A historical license plate is required.
You don’t have to go far to buy a military vehicle in Ohio either. Uhrig Military Sales and Appraisals is located in Chillicothe.
I can’t imagine how disquieting it would be to wake up to the sight of a military tank on a neighbor’s lawn. Any vehicle that can flatten my barbecue into a metal area rug is frightening. Moreover, the presence of a tank in the neighborhood would probably affect real estate values and not in a good way.
Clearly, serious collectors of military paraphernalia find tanks appealing.
Not being one of these people, I don’t get it -- given the scrutiny, the cost and the limitations, why would anyone want such a behemoth?
They don’t even make attractive lawn ornaments.
An award-winning novelist and former magazine editor who co-authored the movie, “Blue Streak,” John Blumenthal’s work has appeared in The Los Angeles Times, The Chicago Sun-Times, Playboy, Publishers’ Weekly, Salon and Huffington Post. This was written for The Plain Dealer and cleveland.com.
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The first tanks used in battle appeared during World War I. In the following decades, militaries have developed more sophisticated tanks, but what happens to the decommissioned tanks? A wide range of surplus military items are available to the public, which leads to the question, can civilians own tanks?
TLDR – Civilians can purchase tanks. However, tanks are rarely street legal, limiting the places where an owner can drive the vehicle. The guns are also typically non-operational.
Yes, civilians can legally own tanks. There are hundreds to thousands of used tanks available for purchase online. However, it is often a complex process, especially when buying from overseas dealers. The dealer often ships the tank to the nearest seaport to the buyer. The buyer then needs to arrange the delivery of the tank from the port to their private property.
Depending on where the buyer lives, shipping can cost between $15,000 and $25,000. When buying from a domestic dealer, the shipment is still likely to cost thousands of dollars. As most tanks cannot drive on the highway, the tank needs to be delivered on a trailer.
Many of the tanks sold today come from foreign militaries. After the end of the cold war, Eastern European countries such as Slovakia and Czechoslovakia had a surplus of tanks and other military equipment. These countries are now selling their old tanks to make room for their new inventory. The tanks are typically sold through dealers that buy equipment directly from the military. The dealer then refurbishes the tank and may demilitarize it by decommissioning the guns.
In most cases, a civilian will not be able to purchase a tank with a working cannon. Civilians cannot own a tank with operational guns or explosives unless they have a Federal Destructive Device permit or license. However, permits are rarely issued for the private use of active tanks.
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T 14 Armata russian tankThe National Firearms Act (NFA) regulates the sale of destructive devices and several other categories of guns. It also established the Federal Firearms Licensing Center (FFLC) for issuing permits and licenses. The cannons and machine guns on tanks are considered destructive devices. A destructive device is any artillery weapon or firearm with a bore that measures over half an inch, except for most types of shotguns and rifles.
Before obtaining a destructive device, the buyer needs an FEP. The permit is issued by the FFLC, which is a department of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The permits are primarily used for the sale of large fireworks for individuals that plan on using the fireworks for a public display. Civilians are unlikely to obtain an FEP for an operational cannon or machine gun without demonstrating a specific use, such as a controlled historical reenactment or research.
Federal explosives licenses (FELs) are typically only issued to manufacturers, importers, and dealers to facilitate the sale of operational tanks. However, an individual collector may apply for a Type 03 “Collector of Curios and Relics” license if they meet all other requirements.
The M1A2 Abrams is one of the latest tanks supplied to the US Army at a cost of about $6.21 million per tank. In 2018, the US Department of State approved the sale of 108 M1A2 tanks and other military equipment to Taiwan for $2 billion. However, the private sale of an individual tank is likely to cost much less.
Many of the tanks sold to civilians come from the Soviet era and cost between $50,000 and $100,000 depending on the condition and dealer. Tanks built after World War II tend to cost less as there are more units available. For example, the AMX-13 Light Tank, which was introduced in 1952, costs about $70,000.
Tanks from WWII or earlier are rarer, which increases the price. The Panzer IV, which was one of the most used German tanks during WWII, sells for about $2.4 to $2.6 million. Another popular WWII tank, the M4 Sherman, costs closer to $250,000.
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Yes, that’s a forbidden for tanks signTanks are typically treated as heavy machinery when it comes to traffic regulations. If the tank can fit on a road and meet all other requirements, it may be legal to drive it on the street. Most areas have weight limits for heavy machinery on public roads. The federal limit is 80,000 pounds but local or state laws may limit the weight to 34,000 pounds.
The tank may also need to be fitted with special rubberized tracks to minimize the risk of damage to the road. However, a tank may not be permitted on highways or bridges. Before driving a tank on a residential street, the owner should review their state’s department of transportation (DOT) regulations for heavy machinery. Along with meeting weight requirements, the tank may need a reflective triangle on the rear to mark it as a slow-moving vehicle.
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