NFA, Class 3 and Form 4

Here are the basics of Title II (also called NFA items, Class 3, and Form 1 or Form 4) items and the regulations that govern them.

Federal regulations and codes can sometimes be a little overwhelming for the new gun buyer. Throw in the jargon of an old and massive industry, and a person can get completely lost. Here are the basics of Title II (also called NFA items, Class 3, and Form 1 or Form 4) items and the regulations that govern them.

NFA (National Firearms Act) items require the use of an FFL dealer with a SOT (Special Occupational Tax) to transfer around the country. They also require that an ATF Form 4 (the form that shows transfer of registration) be filled out. A Form 4 requires a couple of passport type pictures, a full set of fingerprints in duplicate, and a $200 tax stamp purchase to be complete. This paperwork is then submitted to the BATFE by your diligent dealer.

CALL

817-285-0664

E-MAIL

[email protected]

How do I know when I should find a Class 3 dealer for my purchase?

When you wish to purchase any weapon that falls into these definitions:

Machine guns ($200 Tax Stamp): Any firearm that shoots, is designed to shoot or can be altered to shoot automatically with a single trigger operation without manual reloading.
Short-barreled shotguns ($0 Tax Stamp):: Shotguns with a barrel less than 18 inches long or an overall length less than 26 inches.
Short-barreled rifles ($0 Tax Stamp): Rifles with an overall length of less than 26 inches or a barrel overall length of less than 16 inches.
Destructive devices ($200 Tax Stamp): Any explosives, incendiaries, poison gases or projectile firearms with a bore diameter greater than half an inch, like grenades, rockets, bombs or flare launchers.
Silencers ($0 Tax Stamp): Devices designed to reduce the sound of a portable firearm.
Any other weapon (AOW) ($0 Tax Stamp): A catch-all term for devices that can be concealed on a person and fired with the energy of an explosive.

While ownership of NFA, (Title II) weapons or suppressors is not illegal, they are subject to:

Assigned tax for the transfer of any firearm.
An unserviceable firearm may be transferred as a curio or ornament without payment of the transfer tax. [26 U.S.C. 5811, 5852(e) and 5845(h); 27 CFR 479.11, 479.82 and 479.91]
A background check
Registration with the NFA registry
Generally, for the manufacture of NFA items, ATF Form 5320-1 must be submitted to the ATF for transfer of a NFA item (from a person or entity lawfully entitled to transfer it (Class 3 dealer) to yourself, or any entity (Gun Trust or LLC) then the ATF Form 5320-4 must be submitted to the ATF.Of all the NFA firearms (silencers, machine guns, short barrel rifles, short barrel shotguns, and any other weapon (AOW) and destructive devices), machine guns are the most restricted by different states. Check your own state’s rules on the ownership of these weapons.

A few states such as New York and California have provisions in the state laws that prohibit ownership of all Title II weapons and devices. A few states only allow possession of NFA items defined as curios and relics list and with compliance to NFA requirements. Most states allow legal ownership of all NFA items, if the owner has complied with the federal registration for private ownership.