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History of the NFA
So before we dive into the NFA we need to take a look at exactly why it exists. Â The National Firearms Act dates back to June 1934. Â The nation was in the middle of the great depression and dust bowl…bank robbers, bootleggers and gangsters were the talk of the town. While it’s easy to look back and assume that the hysteria was real it was vastly overblown by an overdramatic media. Â The gangsters of the era used a wide variety of weapons including machine guns, shotguns, handguns, semi automatic rifles, and more. Â Machine guns like the Thompson SMG and BAR were used by the most famous bank robbers like Bonnie and Clyde and John Dillinger.
So what weapons fell under regulation of the NFA?
Classes of NFA Weapons
Machine Guns
Machine guns, as defined by the ATF are weapons that fire more than one round per pull of the trigger. Â This includes burst fire weapons as well. Â This also includes devices that can be used to convert a gun to fully automatic. Â This devices are regulated and treated like just like a standard machine gun.
Short Barreled RiflesÂ
So the law states a rifle is a weapon designed to fire a projectile through a rifled barrel with the use of a stock.  The NFA regulated rifles with barrels shorter than 16 inches.  Any rifle sporting a barrel shorter than 16 inches is a short barrelled rifle. Make sense? A short barreled rifle, or SBR, is a handy little weapon to have.  Since the definition never mentioned calibers, or really any configuration besides a stock and barrel length we can own rifle caliber pistols.  AR, AK, and even FAL pistol exist as pistols and not rifles.
Short Barreled Shotguns
 A shotgun is defined as a smooth bore weapon with stock designed to fire shot.  Shotguns in the United States have to have barrels at least 18 inches in length.  Any shotgun with a barrel less than 18 inches is a short barreled shotgun. Some shotguns are also destructive devices, which we’ll cover later.  Because a shotgun is defined as having a stock, or being redesigned to have a stock, certain weapons are not considered shotguns and not bound to barrel length. For example the Mossberg 590 Shockwave ($449.00) is a 12 gauge firearm because it has never had a stock.  It’s also longer than 26 inches in length so it’s not an AOW.  Trust me I know it sounds weird, but I’ll try to ensure it makes sense.  Check out our 590 Shockwave Review, if you want to learn more.Silencers
Silencers, suppressors, can, mufflers, or whatever else you want to call them are also treated as NFA firearms. Â Are they firearms? Â No, but they’re included under the act because of reasons. Â Good reasons. Â The very best reasons.
Destructive Devices
This is the funnest category in my opinion. Â Destructive Devices, or DDs, are weapons with a bore over .50, except for most shotguns. Â This also covers explosives, mortars, missiles, poison gases, grenade launches and other destructive elements.
Some shotguns lose their exemption as shotguns and become destructive devices. Â This is usually based around the idea they have no sporting purpose. Â The only two shotguns that have made this category I know of are the Street Sweeper and the AA-12.
Any Other Weapon
Any other Weapons, or AOWs, is a crapshoot category of weird, odd, and cool weapons.  This includes 12 gauge firearms with an overall length less than 26 inches. There are also guns that don’t look like guns like cane guns, some pen guns, and other disguised firearms.
NFA Imports
For some time the foreign market was as a small contributor to the NFA.  There were lots of foreign made machine guns, especially WW2 sub guns coming in pretty cheap.  Often the 200 dollar tax stamp cost more than the guns. Then along comes the Gun Control Act of 1968.  The GSA as it’s commonly called was some very sweeping legislation that affected the NFA substantially.  The biggest change was prohibiting the import of NFA firearms. The Sporting clause was implemented and that’s why today we can’t import Glock brand suppressors, or factory CZ Scorpion SBRs.  Luckily we can import CZ Scorpions as pistols and convert them to SBRs, and the do the same with AK pistols, and other foreign imported weapons.Purchasing NFA Items
So before you purchase an NFA item there are a few things you need to know. Â First none of this constitutes legal advice, and you should verify all the information I provide. Â Second know your state’s laws. Some states regulates NFA items or outright prohibits their possession in certain states. Â So verify your state’s laws before you dive headifrst into the NFA Market.
Requirements to Purchase an NFA item: Quick List
- Appropriate Forms Filled and Filed
- $200 or $5 dollar check or money order.
- Clean Background check
- Two Fingerprint forms filled out and submitted.
- Passport style photograph submitted.
- CLEO has to be notified.
- Must be over the Age of 21
You do need to alert your local CLEO you are purchasing the weapon, but do not need their permission.
The main difference is that multiple people can be on a trust.  The benefit of having multiple people means they can all legally have access to and possess your NFA weapons.  As a married man I’d like my wife to have the legal means to use my NFA items.
If she’s on my trust she can legally possess the NFA items that are also on the trust.  When doing a trust every individual on the trust must submit fingerprints and photos.  The only exception is beneficiaries who will inherit the weapons in case of the death of both my wife and I.
As an individual I don’t have to invest in creating a trust, but I am the only person who can legally use my NFA items.
Different NFA forms
There are several forms within the ATF, that deal with the NFA. Â Many relate to dealers, manufacturers, and other industry types. Â As an everyday normal Joe Gunguy there are three main forms potential NFA owners would likely deal with.
You’ll need three of each form filled out.  Two sent to the ATF, one will be sent back to you once approved.  The Third will go to your CLEO to notify them of your pending transfer.
ATF Form 1
Form 1 is the fun one, it’s needed when you want to manufacture an NFA item.  Now most of you are likely saying, well I’m not going to manufacture an NFA item.  However, you need to know what the ATF means when they say manufacture a weapon. This isn’t you breaking out the CNC machine and creating a brand new gun.  Let’s say you purchase an AR 15 pistol and want to turn it into a short barreled rifle.  All you really need to do is attach a stock and buffer tube. However, in the eyes of the ATF you are manufacturing a new gun.  It’s crazy right?  Well, that’s just how it is.  Here’s a link to the PDF variant of the ATF Form 1, there is quite a lot of slots to fill out, but it’s somewhat self-explanatory. You’ll also have to engrave a serial number onto the weapon and either your trust name, or a last name.  It has to also follow ATF guidelines for serial engravings.
ATF Form 4 Â
The Form 4 is one of the simpler forms.  A Form 4 is used when you are transferring an already manufactured NFA item.  So if you walk into a gunstore, spot a suppressor you like, you’d fill out a Form 4. A Form 4 goes through an FFL/SOT and they’ll fill out certain sections and you’ll fill out the rest.  It’s quite straightforward and you can take a peek at an online Form 4 to see what’s required to fill one out.ATF Form 5
The Form 5 is used when the transfer will not be taxed. Â There are several situations where a tax free transfer can occur for NFA items. Â The most common is a transfer to an heir or beneficiary. These transfers can also occur with the transfer of government own NFA items to civilian hands. Â Often police forces will sell short barreled shotguns and semi automatic short barreled rifles that can legally be transferred to citizens. Recently a few police departments have sold some Thompsons from the prohibition era to fund the purchase of modern AR 15s.
For a full list, and a look at the Form 5 check it out here.
9 Leave a Reply
Can someone give me a concise update on this issue regarding buying a MCK from a manufacturer?
If I'm reading this article right, if I want to buy a Fostech short barrel shotgun, all I have to do is fill out and submit Form 4?
Hello
Crazy question which probably was answered already.
I built an AR15 pistol, I would like to change it to an SBR. Can I apply for the tax stamp, and then make the changes? Is it that simple or more complex?
Any advise would be appreciated.
Thanks
Simply fill out and submit your Form 1 with everything necessary, wait until you get your approved form back in the mail from the ATF with the Stamp on it then you can throw your stock and vertical foregrip on it and have your lower receiver engraved with the serial number and city/state on the Tax Stamp.
I didn't notice that you said anything about the atf's change in stance in shouldering a brace, if I run a sbr with a brace should I be worried about an issue, The only place it maybe seen is at the range?
Yes they did reverse it but you never know with range officials or police at the range who aren't up to date. I try not to shoulder it at public ranges.
Great article. Our firearm laws, like our tax laws, are probably purposely made to be somewhat confusing. They are, at times, rather vague. This, I surmise, is to allow the gov't. a bit of "wiggle room" when they go after some poor individual who has a 15" barrel on his AR, for example. His 'flash hider' is 1.5" so the barrel is legal length, but he forgot to either pin it or weld it so it's permanently attached.
I'd like to see the hearing protection act go thru. Been waiting and hoping
Fingers crossed!