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Definitions
What is the NFA and what is an NFA item?
The NFA stands for National Firearms Act of 1934,http://en.wikipedia.org/wiki/National_Firearms_Act
Standard Firearms are Title I items, NFA Firearms are Title II
There are 6 different types of NFA items:
Machine gun - AKA Full Auto or FA for short
Short Barreled Rifles - SBR rifles with barrel(s) less then 16" or OAL less then 26"
Short Barreled Shotguns - SBS shotguns with barrel(s) less then 18" or OAL less then 26"
Suppressors - AKA Silencers
Destructive Devices - DD things like grenades, bombs, bores over 0.50"
Any Other Weapon - AOW this is any firearm that does not fit above. Most common are pen guns and pistol sized/shaped shotguns (smooth bore pistol)
SOT – Special Occupational Tax. This is a tax paid by a FFL to allow them to manufacture, import, or deal NFA items.
· Class 1 – Importer
· Class 2 – Manufacturer
· Class 3 – Dealer
ATF FAQs
General NFA FAQs
https://www.atf.gov/firearms/faq/national-firearms-act-firearms.html
SBR/SBS FAQs
https://www.atf.gov/firearms/faq/national-firearms-act-short-barreled-rifles-shotguns.html
Silencers FAQs
https://www.atf.gov/firearms/faq/national-firearms-act-silencers.html
Machine Gun FAQs
<broken link removed>
NFA firearms handbook
https://www.atf.gov/content/firearm...tions-firearms-national-firearms-act-handbook
NFA myths
1. Machine guns are illegal
Under Federal laws, they are legal. However, individual states may have laws regarding the possession of machine guns. NFA 1934 makes the transfer of such weapons taxable, and created a registry of such weapons. NO machine guns made after May 1986 can be entered into the registry, which creates a de facto ban on the production of new machine guns for civilians. Complete machine guns, Registered Receivers, Drop In Auto Sears (DIAS or RDIAS), and Lightning links, are all considered machine guns under federal law.
2. You need a license to buy an NFA item.
No License is required. What you need to do is pay a tax on the transfer of each item in your possession. The tax is currently $200 for machine guns, suppressors, short-barreled rifles/shotguns, and destructive devices. The transfer tax for Any Other Weapon is $5
Some states may have permitting or licensing requirements that have to be met prior to the purchase of NFA items, but there is no Federal "Class 3" license. That term is usually used to refer to a FFL who has paid the SOT (Special Occupation Tax) fee to allow them to deal in Title II weapons and devices (NFA).
3. I have to pay the NFA tax every year
Another common myth; the transfer tax is paid once per transfer of the weapon, whether you own it for 10 days or 10 years.
4. Owning an NFA item means agreeing to give up your 4th amendment protections.
This is an oft repeated myth. No one can search your home (or whatever location you used for your ATF tax form) without your permission or a warrant just because you own NFA items.
5. If I buy an NFA item I'll have to buy a safe to store it in.
While you are required to maintain control of your NFA items at all times (and a safe to which only you have access goes a long way to meeting this requirement), there is no law that requires you to buy a safe to store your NFA items.
6. No one else is allowed to use my NFA weapons
As long as you are maintaining control (which means you don't leave the NFA items in the sole care of someone other than yourself) your friends and family are welcome to use them, as long as you are physically present and they are not a "Prohibited Person".
7. All sales must go through a dealer.
Intrastate sales can be completed on a Form 4 without involving a dealer,Interstate sales require an FFL to FFL transfer. I phrase it that way because the purchase of C&R NFA items from an out-of-state dealer or individual can be done without involving a dealer in your state, if you are the holder of an 03 FFL (Curious & Relics). In this situation no SOT is required to be involved on either side of the transaction.
8. Configuration of the NFA item may not be changed
If your NFA item has interchangeable parts (stock, barrel, etc.) it is perfectly lawful to modify that configuration. ATF recommends that permanent changes should be reported back to the Registry, but it is not a requirement. Temporary modifications, such as changing the upper on your M-16 or AR-15 SBR are completely legit.
9. Once an NFA item, always an NFA item
The firearm is only a NFA item when configured as such. If you wanted to take a SBR into a state that doesn't allow SBRs, or you don't have a 5320.20 for the travel, you can put a 16"+ barrel/upper on it and it is treated like a regular, non NFA item as long as you DO NOT have a short barreled upper with you.
Also, as long as the firearm is not in a NFA configuration, you may also sell the firearm or receiver without completing a NFA Form 4 transfer.
What is the NFA and what is an NFA item?
The NFA stands for National Firearms Act of 1934,http://en.wikipedia.org/wiki/National_Firearms_Act
Standard Firearms are Title I items, NFA Firearms are Title II
There are 6 different types of NFA items:
Machine gun - AKA Full Auto or FA for short
Short Barreled Rifles - SBR rifles with barrel(s) less then 16" or OAL less then 26"
Short Barreled Shotguns - SBS shotguns with barrel(s) less then 18" or OAL less then 26"
Suppressors - AKA Silencers
Destructive Devices - DD things like grenades, bombs, bores over 0.50"
Any Other Weapon - AOW this is any firearm that does not fit above. Most common are pen guns and pistol sized/shaped shotguns (smooth bore pistol)
SOT – Special Occupational Tax. This is a tax paid by a FFL to allow them to manufacture, import, or deal NFA items.
· Class 1 – Importer
· Class 2 – Manufacturer
· Class 3 – Dealer
ATF FAQs
General NFA FAQs
https://www.atf.gov/firearms/faq/national-firearms-act-firearms.html
SBR/SBS FAQs
https://www.atf.gov/firearms/faq/national-firearms-act-short-barreled-rifles-shotguns.html
Silencers FAQs
https://www.atf.gov/firearms/faq/national-firearms-act-silencers.html
Machine Gun FAQs
<broken link removed>
NFA firearms handbook
https://www.atf.gov/content/firearm...tions-firearms-national-firearms-act-handbook
NFA myths
1. Machine guns are illegal
Under Federal laws, they are legal. However, individual states may have laws regarding the possession of machine guns. NFA 1934 makes the transfer of such weapons taxable, and created a registry of such weapons. NO machine guns made after May 1986 can be entered into the registry, which creates a de facto ban on the production of new machine guns for civilians. Complete machine guns, Registered Receivers, Drop In Auto Sears (DIAS or RDIAS), and Lightning links, are all considered machine guns under federal law.
2. You need a license to buy an NFA item.
No License is required. What you need to do is pay a tax on the transfer of each item in your possession. The tax is currently $200 for machine guns, suppressors, short-barreled rifles/shotguns, and destructive devices. The transfer tax for Any Other Weapon is $5
Some states may have permitting or licensing requirements that have to be met prior to the purchase of NFA items, but there is no Federal "Class 3" license. That term is usually used to refer to a FFL who has paid the SOT (Special Occupation Tax) fee to allow them to deal in Title II weapons and devices (NFA).
3. I have to pay the NFA tax every year
Another common myth; the transfer tax is paid once per transfer of the weapon, whether you own it for 10 days or 10 years.
4. Owning an NFA item means agreeing to give up your 4th amendment protections.
This is an oft repeated myth. No one can search your home (or whatever location you used for your ATF tax form) without your permission or a warrant just because you own NFA items.
5. If I buy an NFA item I'll have to buy a safe to store it in.
While you are required to maintain control of your NFA items at all times (and a safe to which only you have access goes a long way to meeting this requirement), there is no law that requires you to buy a safe to store your NFA items.
6. No one else is allowed to use my NFA weapons
As long as you are maintaining control (which means you don't leave the NFA items in the sole care of someone other than yourself) your friends and family are welcome to use them, as long as you are physically present and they are not a "Prohibited Person".
7. All sales must go through a dealer.
Intrastate sales can be completed on a Form 4 without involving a dealer,Interstate sales require an FFL to FFL transfer. I phrase it that way because the purchase of C&R NFA items from an out-of-state dealer or individual can be done without involving a dealer in your state, if you are the holder of an 03 FFL (Curious & Relics). In this situation no SOT is required to be involved on either side of the transaction.
8. Configuration of the NFA item may not be changed
If your NFA item has interchangeable parts (stock, barrel, etc.) it is perfectly lawful to modify that configuration. ATF recommends that permanent changes should be reported back to the Registry, but it is not a requirement. Temporary modifications, such as changing the upper on your M-16 or AR-15 SBR are completely legit.
9. Once an NFA item, always an NFA item
The firearm is only a NFA item when configured as such. If you wanted to take a SBR into a state that doesn't allow SBRs, or you don't have a 5320.20 for the travel, you can put a 16"+ barrel/upper on it and it is treated like a regular, non NFA item as long as you DO NOT have a short barreled upper with you.
Also, as long as the firearm is not in a NFA configuration, you may also sell the firearm or receiver without completing a NFA Form 4 transfer.
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