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Contents
Can you own NFA items in New York?
New York’s Nfa Weapon Restrictions
Normal citizens can not own; silencers, short barreled shotguns/riffles, DDs, and machine guns. While there is no ban on AOWs, virtually all applications to own one are rejected.
What’s a NFA item?
What Is Considered An NFA Weapon Or Item? NFA firearms (also called NFA weapons) are certain guns and accessories regulated by the National Firearms Act. They are often referred to as “Class 3 weapons.” NFA firearms include: All fully automatic and select fire weapons. Short barreled shotguns and rifles.
How many NFA items are in the US?
The total number of NFA items registered, as of May 2019, was 6,058,390.
Can you transport NFA items across state lines?
A registered possessor of an NFA firearm, other than a federal firearms licensee/special occupational taxpayer (FFL/SOT), may not lawfully transport in interstate or foreign commerce any destructive device, machinegun, short-barreled shotgun or short-barreled rifle without prior written approval of ATF, specifically …
Can I own a SBR in NY?
New York prohibits private ownership of machine guns and silencers. All semi-auto short barreled rifles, semi-auto shotguns, and semi-auto AOW firearms are banned under New York’s assault weapons ban.
Can you import NFA items?
NFA firearms may be imported for sale to Federal, State, or local government agencies. To import NFA firearms for this purpose, an ATF Form 6, Application and Permit for Importation of Firearms, Ammunition and Implements of War, must be submitted to ATF in triplicate.
What NFA items can I buy?
These items include short-barreled rifles (“SBRs”), short-barreled shotguns (“SBSs”), suppressors, machine guns, explosive devices, and any other weapons (“AOWs”). Whether you decide to buy or build an NFA item, the requirements are substantially similar.
What are NFA requirements?
The National Firearms Act of 1934 (NFA) requires the registration, with the federal government, of fully-automatic firearms (termed “machineguns”), rifles and shotguns that have an overall length under 26 inches, rifles with a barrel under 16 inches, shotguns with a barrel under 18 inches, and firearm sound suppressors …
What are Class 5 weapons?
GSA Approved Class 5 Weapons Storage Containers are designed for the secure storage of rifles, pistols of most calibers, riot shotguns and shoulder fired automatic weapons and ammunition.
Are suppressors NFA items?
Because silencers are NFA weapons, an individual wishing to manufacture or transfer such a silencer must receive prior approval from ATF and pay the required tax.
Do you need a tax stamp for each NFA item?
Yes, you will need to have a tax stamp for each silencer that you want to purchase / own. Each NFA firearm that you own as an individual or with your gun trust, corporation or other legal entity will require a tax stamp.
Can I own a suppressor in New York?
The ownership and possession of a suppressor is legal under Federal law but extremely regulated, including the payment of a $200 fee. If purchasing from a dealer you must be 21, or 18 if purchasing from a private citizen.
Is an AR pistol legal in NY?
Yes, it is possible to own an AR15 in New York State while remaining SAFE Act compliant and the process isn’t as complicated as you may think. You do not need a special license and you do not need to register your AR15 as an assault weapon if you follow these 5 simple steps.
What NFA items can I buy?
These items include short-barreled rifles (“SBRs”), short-barreled shotguns (“SBSs”), suppressors, machine guns, explosive devices, and any other weapons (“AOWs”). Whether you decide to buy or build an NFA item, the requirements are substantially similar.
Are NFA items registered?
The sale and purchase of an NFA weapon is, however, taxed and regulated, as follows: All NFA items must be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
How to Buy NFA/Class 3 Items | Guns Inc
- Article author: www.gunsinc.com
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- Summary of article content: Articles about How to Buy NFA/Class 3 Items | Guns Inc You only need to prove us with three things to complete an NFA item purchase online: … 1. Payment: You will pay us for the firearm or suppressor in full at … …
- Most searched keywords: Whether you are looking for How to Buy NFA/Class 3 Items | Guns Inc You only need to prove us with three things to complete an NFA item purchase online: … 1. Payment: You will pay us for the firearm or suppressor in full at … How to purchase National Firearms Act (NFA), Title II (“Class III”) items and general information for NFA firearms & suppressors.firearms,ammunition,hunting,handguns,rifles
- Table of Contents:
General Information For NFA Firearms & Suppressors
Why NFA
42 States Permit Silencer Ownership
How To Buy A Silencer
Individuals Corporations and Trusts
How much does it cost
What kind of forms to file
When completing a Form 4 as an individual you will need
When completing a Form 4 under a trust or corporation you will need
How long is the wait
How old do you have to be to have an NFA Item
How Does GunsInccom Help In The Process of Obtaining A NFA Title II (Class 3) Product
We Make Purchasing A National Firearms Act (NFA) Firearm Or Suppressor Online From GunsInccom Easy!
You only need to provide us with three things to complete an NFA item purchase online
How To Purchase NFA Items – AllArms LLC
- Article author: allarms.net
- Reviews from users: 34610 Ratings
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- Summary of article content: Articles about How To Purchase NFA Items – AllArms LLC First it is helpful to understand an NFA weapon is a registered weapon. These can be owned by indivuals, Corps or trusts. The NFA branch of ATF must approve … …
- Most searched keywords: Whether you are looking for How To Purchase NFA Items – AllArms LLC First it is helpful to understand an NFA weapon is a registered weapon. These can be owned by indivuals, Corps or trusts. The NFA branch of ATF must approve …
- Table of Contents:
Buying an NFA firearm
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How To Purchase NFA Items – AllArms LLC
- Article author: www.walkertaylorlaw.com
- Reviews from users: 516 Ratings
- Top rated: 3.1
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- Summary of article content: Articles about How To Purchase NFA Items – AllArms LLC Updating …
- Most searched keywords: Whether you are looking for How To Purchase NFA Items – AllArms LLC Updating
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Buying an NFA firearm
Normal Hours
Nfa Weapon Restrictions in New York
- Article author: www.gunlaws101.com
- Reviews from users: 1261 Ratings
- Top rated: 4.2
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- Summary of article content: Articles about Nfa Weapon Restrictions in New York
Updating … - Most searched keywords: Whether you are looking for Nfa Weapon Restrictions in New York
Updating New York has almost complete banns on all NFA weapons. Normal citizens can not own; silencers, short barreled shotguns/riffles, DDs, and machine guns. While there is no ban on AOWs, virtually all applications to own one are rejected.gun, guns, law, laws, state, states, data, information, firearm, license, New York, Nfa Weapon Restrictions - Table of Contents:
Centerfire Shooting Sports is a Class III NFA Dealer – CenterfireSS.com
- Article author: www.centerfiress.com
- Reviews from users: 32996 Ratings
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- Summary of article content: Articles about Centerfire Shooting Sports is a Class III NFA Dealer – CenterfireSS.com Updating …
- Most searched keywords: Whether you are looking for Centerfire Shooting Sports is a Class III NFA Dealer – CenterfireSS.com Updating NFA Centerfire Shooting Sports is a Class III NFA Dealer
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Fear and Loading: Top 10 FFL and NFA States | An Official Journal Of The NRA
- Article author: www.americanrifleman.org
- Reviews from users: 48160 Ratings
- Top rated: 3.0
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- Summary of article content: Articles about Fear and Loading: Top 10 FFL and NFA States | An Official Journal Of The NRA Updating …
- Most searched keywords: Whether you are looking for Fear and Loading: Top 10 FFL and NFA States | An Official Journal Of The NRA Updating The Bureau of Alcohol, Tobacco, Firearms and Explosives recently released its “Firearms Commerce in the United States, Annual Statistical Update 2019.”fear & loading,fear and loading,guy sagi,top FFL states,top NFA states,Federal Firearm License,FFL,National Firearms Act,gun sales,BATFE gun sales statistics
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Fear and Loading Top 10 FFL and NFA States
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How can a person legally obtain NFA firearms? | Bureau of Alcohol, Tobacco, Firearms and Explosives
- Article author: www.atf.gov
- Reviews from users: 827 Ratings
- Top rated: 3.6
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- Summary of article content: Articles about How can a person legally obtain NFA firearms? | Bureau of Alcohol, Tobacco, Firearms and Explosives A person may make an NFA firearm by filing and receiving an approved ATF Form 1 Application to Make and Register a Firearm. A person may transfer an NFA … …
- Most searched keywords: Whether you are looking for How can a person legally obtain NFA firearms? | Bureau of Alcohol, Tobacco, Firearms and Explosives A person may make an NFA firearm by filing and receiving an approved ATF Form 1 Application to Make and Register a Firearm. A person may transfer an NFA … A person may make an NFA firearm by filing and receiving an approved ATF Form 1 Application to Make and Register a Firearm. A person may transfer an NFA firearm to another person by filing and receiving an approved ATF Form 4, Application for Tax Paid Transfer and Registration of Firearm. Applications to make or transfer a firearm will not be approved if federal, state, or local law prohibits the making or possession of the firearm. [26 U.S.C. 5812 and 5822; 27 CFR 479.62 and 479.84]
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Error 403 (Forbidden)
- Article author: www.quora.com
- Reviews from users: 39679 Ratings
- Top rated: 4.1
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- Summary of article content: Articles about Error 403 (Forbidden) At it’s most basic, you pay for the NFA item your 01/03 FFL has in stock, get the Serial Number of the item, file a Form 4, submitted with the $200 tax fee and … …
- Most searched keywords: Whether you are looking for Error 403 (Forbidden) At it’s most basic, you pay for the NFA item your 01/03 FFL has in stock, get the Serial Number of the item, file a Form 4, submitted with the $200 tax fee and …
- Table of Contents:
Instruction to Purchase NFA Items Online – K-Var Corp at K-Var
- Article author: www.k-var.com
- Reviews from users: 29817 Ratings
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- Summary of article content: Articles about Instruction to Purchase NFA Items Online – K-Var Corp at K-Var How to Purchase NFA Items Online · THREE completed and signed Form 4s. · TWO fingerprint cards, these can be completed at your local Sheriff’s Office. · TWO … …
- Most searched keywords: Whether you are looking for Instruction to Purchase NFA Items Online – K-Var Corp at K-Var How to Purchase NFA Items Online · THREE completed and signed Form 4s. · TWO fingerprint cards, these can be completed at your local Sheriff’s Office. · TWO … While Purchasing Online NFA Items you must know the procurement of purchasing such as product information, who & how can purchase, items cost, and procedure of purchasing items online.nfa items, nfa online
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NFA Buying Info & How To Purchase Items Checklist – Phoenix AZ | Freedom Arms LLC
- Article author: freedomarmsllc.com
- Reviews from users: 2262 Ratings
- Top rated: 4.6
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- Summary of article content: Articles about NFA Buying Info & How To Purchase Items Checklist – Phoenix AZ | Freedom Arms LLC How to Buy an NFA Item (SBR, SBS, Silencer, etc.) · Purchasing the NFA item through a Trust · (602) 826-4737. …
- Most searched keywords: Whether you are looking for NFA Buying Info & How To Purchase Items Checklist – Phoenix AZ | Freedom Arms LLC How to Buy an NFA Item (SBR, SBS, Silencer, etc.) · Purchasing the NFA item through a Trust · (602) 826-4737. In order to legally acquire NFA firearms, you must get approval by the Bureau of ATF for a registered weapon. To help you understand the buying process more, here is a helpful checklist of the types of weapons and items that need a NFA Tax Stamp.
- Table of Contents:
(602) 826-4737
How to Buy an NFA Item (SBR SBS Silencer etc)
Purchasing the NFA item through a Trust
(602) 826-4737
Buying NFA Weapons Machine Guns, Suppressors, Short-Barreled Rifles
- Article author: guntechtexas.com
- Reviews from users: 31067 Ratings
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- Summary of article content: Articles about Buying NFA Weapons Machine Guns, Suppressors, Short-Barreled Rifles The steps to take to purchase a transferable NFA/Class III Item · Find a dealer locally who can assist you in all phases of the transfer. · Get your fingerprints … …
- Most searched keywords: Whether you are looking for Buying NFA Weapons Machine Guns, Suppressors, Short-Barreled Rifles The steps to take to purchase a transferable NFA/Class III Item · Find a dealer locally who can assist you in all phases of the transfer. · Get your fingerprints … Buying NFA Weapons Machine Guns, Suppressors, Short-Barreled Shotguns, A.O.W.’s and Short Barreled Rifles, as Regulated by the ATF and NFA
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SILENCER SATURDAY #96: NFA Process 101 – How To Buy A SilencerThe Firearm Blog
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- Most searched keywords: Whether you are looking for SILENCER SATURDAY #96: NFA Process 101 – How To Buy A SilencerThe Firearm Blog Updating SILENCER SATURDAY #96: NFA Process 101 – How To Buy A Silencer – This week we take a look at a soup-to-nuts guide for buying national firearms act items like silencers.
- Table of Contents:
I NFA Process – Research
II NFA Process – An Overview
III NFA Process – Purchase And Transfer
IV NFA Process – ATF 53203 – Form 3 – Tax-Exempt “Dealer To Dealer” Transfers
V NFA Process – ATF 53204 – Form 4 Taxable Transfers
VI NFA Process – Mailing Your Forms
VII NFA Process – Other Application Options
VIII NFA Process Wrap-Up
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How to Buy NFA/Class 3 Items
How To Purchase NFA Title II (“Class 3”) Items From GunsInc.com
General Information For NFA Firearms & Suppressors
National Firearms Act (NFA), Title II (Class III) items commonly available for purchase include select- fire machine guns (“full auto”) manufactured before 19 May 1986 (including certain parts for these firearms), short-barreled rifles and shotguns, suppressors (“silencers”) and any part comprising a suppressor, and a selection of firearms identified as Any Other Weapons (AOW). So-called “Destructive Devices” are also NFA items, but not commonly available to purchase. For more information on AOW firearms, please refer to the following link:
https://www.atf.gov/firearms/firearms-guides-importation-verification-firearms-national-firearms-act-definitions-any
Why NFA?
Your choice to purchase NFA items is protected by the Second Amendment. If you have never experienced the fun and pride in being an NFA firearm or suppressor owner, give an NFA item a try. Many ranges throughout the United States offer the chance to shoot full auto machine guns, shortbarreled rifles, and suppressors, and more individuals are buying them every day. It’s all up to you to take the next step toward ownership. Please let us know how we may be of assistance!
IS IT LEGAL FOR YOU TO OWN A SILENCER IN YOUR STATE?
The first step in buying a silencer is determining if suppressor ownership is legal in your state of residence.
NOT LEGAL LEGAL LEGAL FOR HUNTING
42* States Permit Silencer Ownership
The eight states that currently do not allow individuals to own silencers are California, Delaware, District of Columbia, Hawaii, Illinois, Massachussetts, New York, New Jersey, and the Rhode Island. *If you are an FFL dealer, manufacturer, peace officer, or member of a law enforcement agency or other government agency, there are additional states where you can own a silencer. How To Buy A Silencer Silencers are legal but are regulated by federal law and on a state-by-state basis by the Nation Firearm Act (NFA) branch of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE). Private citizens can legally purchase and possess silencers in 42 states* without a permit. � To purchase a silencer the following qualifications apply: Reside in one of the 42 states that currently allow civilian ownership
Be a resident of the United States
Be legally eligible to purchase a firearm
Pass a BATFE background check
Be at least 21 years of age to purchase from a dealer
Be at least 18 years of age to purchase from another citizen
Individuals, Corporations, and Trusts
Where permitted, purchase and ownership of NFA firearms and suppressors is available to Individuals, Corporations, and Trusts. Which entity you choose to purchase under is up to you, but we recommend getting qualified advice from a knowledgeable source, such as an attorney who is well-versed in NFA law. We can report that many people are utilizing trusts, but if you use a trust, be certain your trust does not violate the NFA; the repercussions can be substantial.
How much does it cost?
An individual purchasing an existing NFA item- other than an AOW item–is required to pay a onetime, $200.00 dollar transfer tax to the Bureau of Alcohol, Tobacco, Firearms and Explosives in addition to the purchase price of the item and the receiving dealer’s transfer fee. The AOW firearms transfer tax is only $5.00 dollars, plus the purchase price of the item and the receiving dealer’s transfer fee. Should the item be transferred to another person in the future, a separate transfer tax must be paid at that time by the new prospective owner. This tax is commonly referred to as your “tax stamp.”
What kind of forms to file?
Your transferring FFL will usually assist you with the filing of ATF Form 5320.4, also known as the “Form 4.” This form is required in order to transfer the NFA item from the receiving FFL to you. Two copies of the Form 4 will be submitted to the ATF and a third copy should be mailed to your CLEO (Chief Law Enforcement Officer) in your city or county. This is simply a notification and they no longer have to sign off on your Form 4.
Additionally, if you are applying as an individual versus under a trust/corporation, the required paperwork will differ slightly. Your transferring FFL should be able to assist you with the paperwork (Form 4 and Responsible Person Form) and mail it off to the ATF for you as part of your transfer fee.
When completing a Form 4 as an individual, you will need:
1. THREE completed and signed Form 4s. TWO copies will be sent off to the ATF (they will keep one copy and send the second copy back with your approval and tax stamp). The remaining ONE copy will be sent to the CLEO (Chief Law Enforcement Officer) in your city/county.
2. TWO fingerprint cards. These can be completed at your local Sheriff’s Office or Police Dept.
3. TWO passport sized photos (2″ x 2″ inch).
4. ONE check or money order made out to the BATFE in the amount of $200.00 dollars ($5.00 for
AOWs).
You will need the above for EACH NFA item that your purchase, even if you are purchasing multiple items at once.
When completing a Form 4 under a trust or corporation, you will need:
1. THREE completed and signed Form 4s. TWO copies will be sent off to the ATF (they will keep one copy and send the second copy back with your approval and tax stamp). The remaining ONE copy will be sent to the CLEO (Chief Law Enforcement Officer) in your city/county.
2. TWO Responsible Person forms (ATF Form 5320.23) for EACH responsible person on your trust/corporation. One copy is sent to the ATF and the other copy is sent to each responsible person’s CLEO.
3. ONE copy of the trust/articles of incorporation.
4. TWO fingerprint cards for EACH responsible person on the trust/corporation.
5. ONE passport sized photos (2″ x 2″ inch) for EACH responsible person on the trust/corporation.
6. ONE check or money order made out to the BATFE in the amount of $200.00 dollars ($5.00 for AOWs).
You will need the above for EACH NFA item that your purchase, even if you are purchasing multiple items at once.
How long is the wait?
Wait time for ATF approval on Form 4s varies. The current estimate is 4-6 months.
How old do you have to be to have an NFA Item?
You must be 21 years old.
How Does GunsInc.com Help In The Process of Obtaining A NFA Title II (“Class 3”) Product?
If you are a local customer (Pennsylvania Resident), we would be happy to assist you with your Form 4 at our retail store location in Collegeville, Pennsylvania – Guns Inc.
However, if you are a customer outside of Pennsylvania, we would have to send the NFA Title II (“Class 3”) item to a FFL dealer in your state. Your receiving dealer would then help you complete your Form 4 and transfer the item to you. Depending on the item, it could take up to 1-2 months for your NFA item to get to your dealer (ATF approval is required to send the item from us to your local dealer via a Form 3).
We Make Purchasing A National Firearms Act (NFA) Firearm Or Suppressor Online From GunsInc.com Easy!
Barring certain federal, state, or local prohibitions, an individual who is at least 21 years of age and currently able to purchase and possess any non-NFA firearm will also be eligible to purchase an NFA firearm from an NFA dealer.
You only need to provide us with three things to complete an NFA item purchase online:
1. Payment: You will pay us for the firearm or suppressor in full at the time of purchase (there are no layaway purchase plans for NFA items).
2. Your dealer’s Federal Firearms License (FFL)
3. Your dealer’s Special Occupational Tax License (SOT):
We must ship a NFA firearm or suppressor directly to your receiving FFL, so we require a copy of the receiving dealer’s FFL and a copy of their SOT. They can email, fax, or physically mail these to us at:
Guns Inc.
2229 Sanatoga Station Rd, Building A
Pottstown, Pennsylvania 19464
Email Address: [email protected]
Phone: 610-454-7375
Fax: 610-454-7364
Prior to ordering you should arrange transfer and shipment with your receiving dealer.
1. Find a licensed NFA FFL dealer in your area (also called a Class III Dealer).
2. Contact the dealer and let them know you would like to receive a NFA firearm or suppressor for transfer from Guns Inc.
3. Be sure to ask about their transfer fee for your NFA item (typically $50-$100).
4. If you agree to their fee, arrange the transfer with your NFA dealer (we do not arrange the transfer). They will let you know if you have to do anything specific for their shop.
5. Provide your receiving dealer with our contact information so they can send us their FFL and SOT (if they are not already on file with us). Be sure to have them reference your name and order number when sending over their information.
6. Once you have selected an FFL for your transfer, please indicate the dealer’s name on your order so we know where to ship your firearm or suppressor.
How to help make this process as easy as possible…
Once the NFA firearm or suppressor is received by your Class III FFL, Please INSPECT THE FIREARM/SUPPRESSOR THOROUGHLY to make sure that there are no defects.
If there are any defects or problems whatsoever, DO NOT FILL OUT FORM 4!
Notify us and we will gladly have the firearm or suppressor picked up and returned to us.
Once you fill out the Form 4, the firearm or suppressor is considered used and must be returned directly to the manufacturer for warranty repair or replacement.
Guns Inc. will not accept any returned NFA firearms or suppressors for any reason, other than a manufacturer’s defect.
Before processing a Class III order, we will always confirm it with you. If you decide to cancel after the order has been confirmed, there will unfortunately be a 25% cancellation fee. This is due to the paperwork involved in processing your Class III order.
There MAY be a 25% restocking fee on any returned NFA firearm or suppressor that is illegal in your state, or if you are prohibited from owning a NFA item.
Due to the restocking fee, please verify that the item is legal in your state before starting the order.
The information on this page is for reference purposes only and not intended to be used as legal advice. Some states permit all types of NFA items, other states permit only certain types, and a few states do not permit NFA firearms or suppressors at all.
For more detailed information, contact the local ATF office in your state or the ATF/NFA branch in Lansdale, Pennsylvania
Phone: (215) 362-1840
Email: [email protected]
Please consult your receiving NFA dealer for the latest information concerning NFA transfers in your state of residence.
How To Purchase NFA Items
Buying an NFA firearm
NFA firearms are divided into seven types – Machine guns, silencers, short barreled-shotguns, short-barreled rifles, Any Other Weapons (AOW) and destructive devices. For all practical purposes these can all be considered pretty much the same in the way the transfer process is handled by ATF. These types of weapons are legal in most states (see our legality map) and are easier to require than many people realize. In fact if you can buy a handgun at your local gun store ATF will most likely approve your transfer of an NFA weapon. We have had very few customers denied transfer of an NFA weapon. There tends to be a lot of confusion about how the NFA transfer process works. The following is a brief description of the process, designed to help our potential buyers understand what is required.
First it is helpful to understand an NFA weapon is a registered weapon. These can be owned by individuals, Corps or trusts. The NFA branch of ATF must approve transfer of these types of weapons from one individual or entity to the next prior to transfer of actual physical possession. You can think of an approved transfer document as a title so to speak, and the said weapon to be actually titled to its owner. It is a serious violation for anyone to possess an NFA weapon which is not currently titled to that person or entity and is therefore important that the item remain with its previous owner until the NFA approval of transfer is received.
ATF regulations require that an NFA weapon be transferred to its new owner from a Special Occupational Tax (SOT) dealer in their own state. For this reason, after payment is received for an item purchased, we submit a request for transfer by submitting an ATF Form 3. This Form 3 is submitted to the NFA branch of ATF online and is usually approved within 30 days. We will not be able to send the NFA item to your dealer until this approved Form 3 is received.
When your NFA item is received by your SOT dealer, it will be time to inspect the weapon. If there are any issues we should be made aware of, this is the time. We stand behind our product as it was described with an unconditional 3 day inspection period after your item is received. If needed we will refund the purchase, or repair/replace the item. Problems are fairly uncommon but we want you to know your satisfaction is important to us.
Your local SOT dealer will work with you on submitting a one page (front and back) form called an ATF Form 4. The dealer normally completes the front of the Form 4 with information about the firearm, serial number, etc. as well as his FFL numbers and info. On the front page your name or trust name will be listed as the transferee of the item. You will normally complete the back of the Form 4 and will attach a passport size physical photo of yourself. Fingerprints are also currently required. The CLEO sign off is no longer required, only notification. There is a 3rd copy of the Form 4, with some info redacted, that is sent to your CLEO.
PLEASE VERIFY THE INFORMATION ON THE FORM 4, INCLUDING DEALER ENTERED INFO, BEFORE SUBMITTING IT TO ATF.
After your Form 4 is ready to send, it should be sent in duplicate to NFA branch along with a one-time 200 dollar tax payment. The NFA branch will do a background check and verify the document sent is correct prior to approval. You will be able to check on your transfer via phone, but will need the serial number for the item in order to check. The process times for items going to individuals, trusts and corps vary based on ATF work load, but usually vary anywhere from 2-12 months. When the item is approved NFA will send the approval to your local dealer. At that time it will be legal for you to possess and enjoy your new NFA firearm!
Purchasing or Building an NFA Item—Legally!
So, you’ve decided that you want to either purchase or build an NFA item; now what? Jumping over the bureaucratic hurdles and getting a tax stamp can be tricky. This article will walk you through the process and hopefully make it a little bit easier.
The National Firearms Act (“NFA”) regulates and imposes a statutory excise tax on the manufacture and transfer of certain types of firearms and weapons. These items include short-barreled rifles (“SBRs”), short-barreled shotguns (“SBSs”), suppressors, machine guns, explosive devices, and any other weapons (“AOWs”).
Whether you decide to buy or build an NFA item, the requirements are substantially similar. For both, you will need to submit a passport-sized photo, your fingerprints on an FBI Form FD-258, and a $200 (under normal circumstances) payment for the tax. However, when buying an existing NFA item, you will submit an ATF Form 4, and when building an NFA item, you will submit an ATF Form 1. The passport-sized photo can be taken at any drug store or post office that provides passport photo services.
The first step in obtaining an NFA item is deciding how you want to own it, either as an individual or held in a trust. The added benefit of owning an NFA item in a trust is that multiple people can own and possess the item. Let’s say that you and your significant other both want to own a silencer; it would be best to have it in a trust. Additionally, you may select your beneficiaries and list them in your trust. This takes your NFA item out of the probate process, so that when the item’s owners have passed, it transfers to the beneficiaries without the need to list the item in your Last Will and Testament. If you, as an individual, own the silencer, only you will be able to possess the silencer. If you choose to hold your NFA item in a trust, each member of the trust will have to fill out ATF Form 5320.23, which is the Responsible Person’s Form.
Once you have decided how you want to own an NFA item, the next step is to determine which NFA item you want. For the purposes of this article, let’s say you want an SBR. First, we will go through the process of buying an existing SBR from a Federal Firearms License dealer (“FFL”).
Purchasing an NFA Item from an FFL
Once you pick out the SBR you want, you need to get all of your paperwork together to send to the ATF. Remember, the Form 4 is the form required if you intend on purchasing an already existing NFA item from an FFL. Once you have the completed Form 4, your passport-sized photo, and your fingerprints, you will next need to notify the Chief Law Enforcement Officer (“CLEO”) of your area by sending them the CLEO copy of the Form 4. This can be done by either mailing the form to the Chief Law Enforcement Officer or by dropping it off at the police station. After you have notified law enforcement, you will send your Form 4, passport-sized photo, fingerprints, $200 tax, and the Responsible Person’s Form(s) (if you are purchasing the SBR under a trust’s name) to the ATF for approval. You will address the envelope to:
National Firearms Act Division
Bureau of Alcohol, Tobacco, Firearms and Explosives
P.O. Box 5015
Portland, OR 97208-5015.
The ATF will then review your documents. Once they approve it, they will send your Form 4 with a tax stamp affixed to the FFL from which you are purchasing the SBR. The FFL will then contact you and notify you that your SBR is ready to be picked up.
Applying For a Tax Stamp to Build an NFA Item
Let’s say you are building an SBR. Obtaining a tax stamp to build an NFA item is very similar to buying a pre-existing item. To apply for a tax stamp to build an SBR, you will fill out an ATF Form 1. Once you have filled out the Form 1, you will again need to notify the Chief Law Enforcement Officer in your area by sending them the CLEO copy of the Form 1. As with a Form 4, this can be done either by mailing the form to the Chief Law Enforcement Officer or by dropping it off at the police station. After that is complete, you will gather the Form 1, your fingerprints, your passport-sized photo, the $200 tax, and the Responsible Person’s Form(s) (if you are building the SBR in a trust’s name), and mail it off to the ATF for approval at the same address as above.
Once the ATF reviews your documents and approves them, they will return your Form 1 with a tax stamp affixed. Once you received the tax stamp, you are clear to construct your SBR. Once assembled, you will need to engrave the SBR with a serial number, the SBR’s model, the caliber or gauge, the name of the owner, and the city and state where it was made.
Be aware that it can take the ATF months (and, depending on the volume of requests, sometimes over a year) to approve your paperwork and send you your tax stamp. Once you receive either the Form 4 or Form 1 with the tax stamp, you will want to keep a copy of it with the NFA item. If you have the NFA item in a trust, you will want to also keep a copy of the trust paperwork with the item showing that you can possess it. Keep your originals in a safe location. If you are caught without copies of this paperwork with the NFA item, you could end up in legal trouble.
Author: Leslie Rebescher
DISCLAIMER: The information on this website does not contain legal advice or create an attorney-client relationship. Every case is different, and this material is not a substitute for, and does not replace the advice or representation of, a licensed attorney.
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