NFA FAQ **Read me first**

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  • JeepDriver

    Self confessed gun snob
    Aug 28, 2006
    5,193
    White Marsh
    NFA FAQ

    National Firearms Act Frequently Asked Questions

    Downloadable ATF.gov NFA Handbook in PDF

    THE NFA PAGE ON WIKIPEDIA​

    These are all based on my personal experience, I am not a lawyer, do not construe this FAQ as legal advice. Please consult a lawyer before following any information I have spelled out here.

    Setting up a NFA Trust

    NFA Trust Guide



    REMOVED UNTIL ATF MAKES UP THEIR MIND ON TRUST TRANSFERS



    Individual Registration
    Standard Registration requires you to be finger printed and photographed. You need 2 FBI blue cards and 1 State Orange Card for the finger prints, and 2 passport photos. The state keeps the Orange Card, and the 2 FBI Blue Cards go to the ATF for thier records.

    You need a CLEO sign off on the Form 1 or 4. That requires you to go to MSP in Pikesville and have them do a background check. This can take up to 3 week in some cases. There are local sherriff's that will sign off on NFA paper work. If you live in one of the more gun friendly regions or counties of Maryland, a call to the sherriff's office might be inorder.

    What are the ATF Form 1’s and Form 4’s
    ATF Form 1 is an Application to Make and Register a Firearm


    (AKA : How To Build a SBR or SBS)




    Here is ATF's current Form 1:
    https://www.atf.gov/file/11281/download


    This form is used to register a rifle, shotgun or suppressor by an individual with the ATF.

    These are for firearms that you already own and intend to modify, or if you are capable of, and wish to build your own suppressor.

    This form requires a $200 fee paid to the Department of the Treasury. You need to fill out this form in order to make a firearm with a barrel length of 16” for a rifle and 18” for a shotgun.

    SBR stands for Short Barrel Rifle. That is a rifle with a barrel length of less then 16". To SBR a currently owned rifle you need to down load and fill out ATF Form 1. The form ask for specifics about the rifle and what you intend to do to it. You will need to have MSP sign off on the Form 1 unless you are registering through a Trust or LLC.

    ATF wants specific barrel length, you need to decide what length barrel you will be using at the time or registration. Caliber is a little different. I have been able to register some of my rifle as 'multi' caliber and as a 2 caliber receiver, however others I have talked to have had issues with this. I would suggest being specific regarding caliber. It is up to your examiner to approve it as a "mulit" caliber receiver. You may get lucky.

    Once you mail off your Form 1 off to ATF with your $200 check, it's time to spend more money.

    It's a good idea to send your receiver off to be engraved at the same time you send in the Form 1, the engraving should only take 1-2 weeks total turn around time. The Form 1 will take 4-6 weeks total.

    Once your Form 1 returns approved you can get your upper receiver. You don't want to be in posession of a short barrel upper prior to having an approved Form 1.

    Where do I mail the Forms off to?​


    The NFA Branch’s address in Martinsburg, W.Va. for all correspondence EXCEPT Form 4s:

    National Firearms Act Branch
    244 Needy Road
    Martinsburg, West Virginia 25405

    Form 4 applications must be sent to the BATF/Atlanta at the following address:

    Bureau of Alcohol, Tobacco, Firearms and Explosives
    National Firearms Act Branch
    P.O. Box 530298
    Atlanta, GA 30353-0298

    The Atlanta facility forwards the Form 4s to W.Va. for processing after the $200 transfer fee is deposited.

    All other correspondence and phone contact should be made directly with the W. Va. branch.

    BATFE/W.Va. phone numbers:
    (304) 616-4500
    (304) 616-4501 (fax)


    Engraving Requirments

    ATF requires any rifle/shotgun that you register on a Form 1 to have your name city and state engraved into the reciever you are registering.

    The engraving must be 1/16” high and .003” Deep. There are a couple options, you can buy a 1/16” punch set and do it yourself, or send it out to a Orion Arms or Harford Engraving Service 410-638-6242
    (a local engraver and MDShooter Forum Member) for professional jobs. It depends on your personal preference. I have done both, and for a beater rifle the punch method is fine. If you ever want to sell your rifle, the professional engraving might be prefered.

    ATF FORM 4 – Application for a Tax Paid Transfer and Registration of Firearm


    Here is ATF's current Form 4:
    https://www.atf.gov/firearms/docs/f...-registration-firearm-atf-form-53204/download

    This is the form that a SOT/Class III Dealer will transfer a NFA item to you on. You can also use this form transfer a NFA item to another person in your home state. (see below for interstate transfers)

    These items include Suppressors, SBR’s, SBS’s, Machine Guns and AOW’s.

    Selling NFA Items Across State Lines

    Selling NFA items across state lines requires the item to be transferred to a Form 3 (requires a $200 fee to go from form 1 or 4 to form 3) then once on Form 3 it can be transferred to another dealer in another state (tax free transfer). Once there it will require another $200 transfer to go back to a Form 4 to the new owner (Form 1 is only for the origional registerer, all other transfers will be on Form 4’s).

    Why are Machine Guns so Expensive

    All new registration of new Machine Guns was baned in May of 1986, this was a back handed, last minute add on to the Firearms Owners Protection Act. But we are stuck with it. So, only Machine guns that are registered and were in circulation prior to that cut off date are allowed to be transferred. The number of transferable machine guns is about 250,000 range. ATF has never gave an exact number.

    The only way(s) to buy a new machine gun is to either become a Class II manufacturer, in that case you can build a machine gun and register it (for free) as a post dealer sample. Or become a Class III Dealer and have a Police letter requesting a demonstration of a specific machine gun. Once you give up these licenses you must either transfer the guns to another dealer/manufacturer or turn them into the ATF. You can not keep a post dealer gun with out one of these licenses.

    PreDealer guns are different. A Class III (SOT holder) can buy PreDealer guns, while these are cheaper but, they are not much cheaper. They are normally 2/3 the price of a transferable version. But once a SOT gives up thier license he/she may keep the Pre Dealer samples. They can not be sold to anyone other then a dealer or manufacturer when the owner is ready to sell them. People jumping through the hoops & paying the $500 yearly, to get thier SOT to buy these guns. It's worth the effort and cost, you can easily save thousands quickly on a couple guns.

    For a idea of current machine gun prices check out Subguns.com.

    Buying a SBR/SBS​

    If you buy a factory SBR/SBS you are not required to do any engraving. The origional manufacturer's information is engraved on the receiver already. It would be transfered from either the manufacturer or another dealer on a Form 3 (tax free transfer), then be transfered to you on a Form 4 from your dealer.

    Once the SBR/SBS is at your dealer your part of the paper work begins. Dealer's will fill out the Form 4 with your information, give it to you for the prints/photo/CLEO Signature. Once you have completed those requirments the 2 copies of the Form 4 as well as the Certificate of Compliance (Citizenship Certification) & the $200 all are mailed to the Atlanta ATF branch. (The Prints/Photo/CLEO sign off as well as the Certificate of Compliance are not needed if you are transfering through a Trust.)

    Some Manufacturers of NFA length rifles and Shotguns:

    CMMG - AR15 SBR's
    Remington AOW's & SBS's
    Mossberg AOW"s & SBS's - not listed on web site :sad20:
    Tromix (SBS's)
    Rock River Arms (not listed, but avaliable)
    Vector Arms (HK Clones)
    Auto Ordnance (Tommy Guns)

    Traveling Across State Lines With NFA Items

    When you plan to travel with your NFA items (mainly Machine Guns, SBR's & SBS's) you are required to have an approved 5320.20. This is a free form, no fee to process it. But you need to have the completed form into ATF atleast 1 month prior to your trip date.

    AOW's and Suppressors do not require this form however; ATF will approve the form for them, and it might come in handy if you are traveling with them, and have a run in with Law Enforcement. Most LE's are not knowledgable about NFA, and any paper work you have may speed things along ;)

    If you are moving out of state this is the form you will need as well, but rmember, you need to be moving to an NFA friendly state. Just because you already own them here, doesn't mean you can have them in other states.

    What to Suppress & Buying a Suppressor

    First things first. Suppressors are not "Hollywood" quiet. All centerfire calibers (except for some speciality loads) are fairly loud. Most suppressors will take the muzzel blast down to around hearing safe levels (about 140db).

    The closest thing you will get to Hollywood is a suppressed 22, which is the cheapest and easiest caliber to suppress.

    The 9mm and 45 are the most practical pistol caliber to suppress. The 9mm 147gr loads are subsonic as well as all 230gr 45 ACP loads.

    Rifles can be a bit harder to suppress. Semi Autos will be louder then Bolt Actions. A suppressed 308 bolt gun is one of the most plesent bolt guns to shoot with a suppressor, however a semi auto .223/5.56mm AR15 is close to painfull to shoot with out ear protection. What they do offer you is being able to shoot on your property (where it's legal) with out having annoyed neighbors calling the police.

    Buying a suppressor is as subjective as buying a gun. Everyone has preferences for one manufacturer or another. Do your research! I have a pistol suppressor I am not happy with, because I didn't do the research. I spent $650 on a suppressor w/ LID + tax stamp. I'm going to be spending it again on another munufacturers product for the same gun . A hard lesson learned. Spend once, Cry once.

    There is only 1 web site currently that is offering objective suppressor testing. Silencer Research is still in its early stages, they have a fair amount of test up (requires free registration), the have videos so you can hear the suppressor.

    Once you have made up your mind about which suppressor is best for you , you can either buy online, or go to your local ClassIII/SOT dealer and order it. This is not a quick process. If the have to order it it can take between 2 weeks and 6 months (my personal longest wait) depending on what is instock at the manufacturer.

    Once the suppressor is at your dealer your part of the paper work begins. The dealer will fill out the Form 4 with your information, then give it to you for the prints/photo/CLEO Signature. Once you have completed those requirments the 2 copies of the Form 4 as well as the Certificate of Compliance (Citizenship Certification Form) & the $200 all are mailed to the Atlanta ATF branch. (The Prints/Photo/CLEO sign off as well as the Certificate of Compliance are not needed if you are transfering through a Trust.)

    Suppressor Manufacturers

    HTG Silencers
    Gem Tech
    Advanced Armament
    AWC Suppressors
    Tactical Innovations
    SWR Suppressors
    Yankee Hill Machine
    Ops Inc
    Sure Fire
    Knights Armament
    TROS USA
    Smith Enterprise (.gov sales only :tdown:)

    A.O.W

    The last category of NFA Title II weapons are known as “Any Other Weapons.” Essentially, this is a catch-all category. They are defined within NFA 34 as:

    “any weapon or device capable of being concealed on the person from which shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed, or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or revolver having a rifled bore, or rifled bores, or weapons designed, made, intended to be fired from the shoulder and not capable of firing fixed ammunition.”

    AOW's are a $5 tax stamp and are transfered on a Form 4. They include pen guns, shotguns w/ pistol grips and barrels that are under 18 inches. There are even wallets that fall into this catagory. NAA made one for thier Mini 22 revolvers, and Galco made one for Beretta pistols. They require a transfer on a Fom 4 just like a gun.



    This is a work in progress, what other information can we add? Please PM me with any questions​
     
    Last edited by a moderator:

    coinboy

    Yeah, Sweet Lemonade.
    Oct 22, 2007
    4,480
    Howard County
    You might want to state that they require fingerprints for the State and ATF, passport photos, and the $200 or $5 (AOW) tax. Plus, the annual registration and $10 for the State for machine guns.
     

    CharlieFoxtrot

    ,
    Industry Partner
    Sep 30, 2007
    2,527
    Foothills of Appalachia
    You need a CLEO sign off on the Form 1 or 4. That requires you to go to MSP in Pikesville and have them do a background check. This can take up to 3 week in some cases.

    Does this have to be the MSP or is it just the way they want it (as is so often the case with MSP)? My reading is there are others who fit the definition of CLEO as well. (Sheriff, State's Attorney, Chief of Police)
     

    JeepDriver

    Self confessed gun snob
    Aug 28, 2006
    5,193
    White Marsh
    Does this have to be the MSP or is it just the way they want it (as is so often the case with MSP)? My reading is there are others who fit the definition of CLEO as well. (Sheriff, State's Attorney, Chief of Police)

    It does not have to be MSP, Carrol County Sherriff will sign off on NFA paper work (a couple customers I know have had this done with no problems).

    But no one I know, or have read about, has had any luck getting the Baltimore County to sign off, they are directed to MSP. There may be other counties that the sherriff's will sign off and save you a trip to MSP, I don't have any specific info on them.
     

    navycrna

    Smell My Face
    Feb 28, 2007
    1,218
    howard county
    Just to get this straight I do a form 1 if I am wanting to just ad a short barrel or silencer to an existing rifle (I understand I need to have the stamp engraved). If I buy a complete SBR then the form 4 needs to be done and goes through the FFL. Is that correct?

    If that is true, once I have my form 1 approved can I order the short barrel upper straight from the factory or does it need to go through an FFL also?
     

    JeepDriver

    Self confessed gun snob
    Aug 28, 2006
    5,193
    White Marsh
    Just to get this straight I do a form 1 if I am wanting to just ad a short barrel or silencer to an existing rifle (I understand I need to have the stamp engraved). If I buy a complete SBR then the form 4 needs to be done and goes through the FFL. Is that correct?

    If that is true, once I have my form 1 approved can I order the short barrel upper straight from the factory or does it need to go through an FFL also?


    If you do a form 1 you are either building a SBR/SBS. Once you have the approved form 1 you can then buy an upper or barrel directly from where ever you want, they are not regulated in anyway.

    The receiver you are registering is engraved with your name city and state for a form 1 build

    If you buy a previously registered (form the manufacturer) SBR/SBS you need a SOT to transfer it through. It then transfers on a Form 4 to you. There is no need for any engraving, the origional person or company registering it is who needs thier info on the receiver. A standard FFL can not transfer a NFA item, they need another license to deal in NFA.
     

    JeepDriver

    Self confessed gun snob
    Aug 28, 2006
    5,193
    White Marsh
    Bump for changes, modifications and additions

    Please speak up if something isn't clear and needs to be changed

    Any other additions that need made???
     

    JeepDriver

    Self confessed gun snob
    Aug 28, 2006
    5,193
    White Marsh
    1) I thought Bushmaster sold SBR's too.

    2) How about some good information on AOW's.

    I've never been able to get a SBR from Bushmaster for retail sale. They will sell the parts, but unless you have a LEO letter they don't want to sell the SBR's to you.

    I'll work on the AOW's stuff. I'm need to do a little looking around
     

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