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MOVERS & SHAKERS
NFA/CLASS III FAQs &
DO-IT-YOURSELF APPLICANT FORM LINKS:
Q:What do 'Class 3' and 'NFA' mean?
A: The National Firearms Act of 1934 (NFA) placed taxation and registration requirements on certain classes of firearms. These are referred to as Title II firearms. A dealer in these items pays a Class 3 tax stamp.
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Q: What firearms have to be registered?
A: Silencers, machine guns, shotguns with barrels of less than 18″, and rifles with barrels of less than 16″. There’s an additional catch-all category for oddball items known as Any Other Weapons (AOW).
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Q: How much is the tax?
A: For most items, it’s $200. For AOW’s, it’s $5.
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Q: How often do I have to renew?
A: You don’t. It’s a one-time process.
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Q: What paperwork is involved?
A: It varies by item. Generally, you’ll need a Form 4 (BATFE 5320.4 Application for Tax Paid Transfer and Registration of Firearm). We’ll complete part of the process, and we’ll walk you through the rest. Once it’s approved, you’ll get a stamp certifying that the tax was paid.
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Q: Do I qualify to own one of these?
A: If it’s legal for you to own a regular firearm, it’s legal to own a Title II firearm. You just have to jump through some extra hoops filling out more paperwork.
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Q: I heard the ATF can come search my house if I own one of these. Is that true?
A: No. That’s an urban legend. You surrender none of your rights by registering a Title II weapon. If anyone wants to search your house, they need to get a warrant.
Q: Can you guys set up my trust?
A: Yes. That approach gives you more flexibility in granting possession to others, but you need to complete the BATFE (5320.23 NFA Responsible Person Questionnaire), passport photos and fingerprints for everyone included on the trust. Your local Chief Law Enforcement Officer (CLEO) needs to be notified but doesn’t need to approve the purchase as of July 13, 2016.
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Q: Can I register the item to a trust or corporation?
A: We’re not lawyers, and this is something best left to the experts. We can get you in touch with an attorney who drafts them for a reasonable fee.
Q: How long does approval take?
A: It varies. We’ve seen some come back in as little as three months, but some take over twelve months.
Q: Is there a way to check the status of my application?
A: Yes. You can call the ATF directly at (304) 616-4500. Have the serial number and trust name (if registered under a trust).
Q: Can I let other people use it while I'm at the range?
A: Yes, as long as you’re physically present and the item does not leave your possession.
Q: Can I use the item while I wait? No.
A: Usually No, Unless the location where you purchased or completed the transfer for the item has a range and allows you to on their premises in the meantime.
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Q: How do I get a full-auto weapon?
A: Unfortunately, you can’t. Unless you have the money and can purchase highly expensive pre-1986 Banned weapons. An amendment was tacked on to the Firearms Owners Protection Act in 1986 that banned the manufacture of civilian-transferable machine guns made after that date. If you want a machine gun, you have to get one that was made and registered prior to 1986.
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Q: Can you do a transfer for Title II item I bought out of state or purchased online?
A: Yes.
Q: So what about 3-round burst?
A: Any weapon that fires more than one round per trigger pull is considered a machine gun, so they fall under the same law.
Q:Can I convert a semi-automatic firearm to full auto?
A: No. That would constitute as manufacturing a machine gun without a license, and doing so carries significant criminal penalties.
Seriously–don’t mess with this stuff.
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Q: What about the 'solvent trap' adapters I keep seeing?
A: Some people are marketing an adapter that screws on the barrel threads, which then allows the user to attach an oil filter. They’re claiming that the adapter is the registered part. That is incorrect. Contrary to the marketing claims being made, the adapter is not the registered part–the device that reduces the report is.18 U.S.C. § 921(a)(24) defines a silencer as, any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication. Each oil filter would need to be serialized and registered. Once the filter wears out (which won’t take long), the user would need to file another Form 1 and pay another $200 to comply with the law.
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Q: Do I have to keep a copy of my stamp with me when I'm out and about with a Title II item?
A: Federal law only states that it must be presented to an officer of the ATF by request. However, Georgia law has an annoying wrinkle. OCGA § 16-11-122 generally prohibits ownership of a Title II weapon unless the owner can prove the item was registered under the dictates of the NFA. To avoid potential hassle, it’s best to keep a copy of the stamp with the item. Furthermore, the NFRTR (the ATF registry) is known to have errors, and ready access to the stamp may be necessary to confirm the legality of a weapon in your possession.
Q:So, is it a silencer or a suppressor?
A:Technically, both. The inventor called them “Maxim Silencers.” That was the term used for them when the NFA was signed into law, and it’s still the legal name for them. In truth, they do reduce the sound, but they do not silence it.
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Q: I want to build a short-barreled rifle (SBR).
What do I have to do?
A: You’ll file a Form 1, which is an application to manufacture a Title II firearm. You can apply directly to the ATF for that. We can advise you on it, or help you complete the paperwork for a $50 fee.
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Q: Where can I find the forms used in this process?
A:They’re available for download from the ATF website. Here are direct links, which will open PDF files.
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ATF FORM LINKS:
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The ATF also has good FAQ's here on the general regulations.
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