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Frequently Asked Questions
Are the weapons for
sale by Class3Weapons machineguns , full-auto or select-fire? All weapons
unless noted as NFA Title II Select-Fire, are Title I
semi-automatic. New production of full-auto weapons have
been prohibited for civilians manufacture and/or sale since 1986
when it was signed into law by then President Ronald Reagan.
Can you make a machine gun or
full-auto out of my pistol or rifle? No. Unless you are the
U.S. Government or a law enforcement department, manufacture
is prohibited by law.
Can you sell a machine gun or
full-auto rifle or pistol to me as a civilian? Yes, however
machineguns and full auto weapons have been banned from civilian
production since 1986. The only machineguns and full-auto weapons
that may be purchase by civilians were those made and entered into
the NFA registry 1986 and prior. As a result of high demand and low
supply prices range from $3400.00 to $20,000.00 and up. I suggest pulling
the trigger faster instead, it's a lot cheaper.
Can a civilian buy a
suppressor or short barrel rifle? Unless prohibited by your
local city or state law, a civilian through proper paperwork, fee's
and taxes can legally own a suppressor or short barrel rifle.
If I want to buy
a suppressor or short barrel rifle, how long does the entire process
take? In a perfect world, about 60 days. In the real world,
just a tad longer or shorter, maybe. "Your mileage may vary"
I am a police officer, do I
have to go through the same paperwork as a civilian? In the
eyes of the BATFE there is no difference between LEO and civilian.
Your paperwork is put in the same pile and takes just as long.
History of the
National Firearms Act of 1934 (NFA) & Gun Control Act of 1968 (GCA)
Since 1934 the Federal Government has regulated the ownership of machine guns,
suppressors and AOW's Any Other Weapons through the National Firearms Act of
1934.
The
National Firearms Act of 1934 provides for the registration, and the taxing
of the transfer, of a class of weapons described as NFA Title 2 weapons also
referred to as "Class 3 weapons". Weapons regulated include machine guns, short
barreled rifles, short barreled shotguns, silencers, suppressors and also a
class of weapons known as "Any Other Weapon" (AOW). An example of an AOW is, but
not limited to, a smooth barreled pistol or a short barreled combination gun.
The new manufacture of machine guns or the conversion of semi auto weapons to
full auto weapons that are transferable to individuals has been prohibited since
May 19, 1986. This means that all transferable machine guns that are available
for sale to the general public must have been manufactured and registered prior
to May 19, 1986. Furthermore, unless you are a police department or the U.S.
Military, you are prohibited from converting a semi auto weapon to a
full auto weapon otherwise known as a machinegun. Prohibition on
conversion of semi auto weapons extends to police officers and any
law enforcement personnel seeking to convert or make a full auto
weapon as an individual outside his or her department.
In 1968, the U.S. Government banned the further importation of machine guns from
outside of the United States by passing the
Gun
Control Act of 1968. Meaning, any foreign-produced factory machine gun was
no longer able to be imported for civilian possession.
From 1968 to May 20, 1986, foreign machine guns
were only imported as law enforcement sample guns for dealer inventory. Also
during this time, domestically-produced machine guns and machine gun sears were
still being produced for legal civilian possession ("transferable"). This would
include such weapons as the M16, MAC domestically produced clones such as the
UZI, and machine gun conversion sears like the registered Auto Sears, drop-in
auto connectors, registered HK-style trigger packs etc.
After May 20, 1986, the U.S. Government banned the further manufacture of all
domestically-produced machine guns for civilian possession. Thus, anything in
the NFA registry was considered "transferable" and anything registered after
this date is considered "Post-86 Sample." Post-86 guns are primarily produced
for law enforcement agencies and for Class III Dealers for use as a sample
product to law enforcement agencies who would be prospective buyers.
Process for obtaining a Class 3, Title 2 or NFA Weapon
The transfer tax on machine guns, short barreled rifles, short
barreled shotguns, and suppressors is $200 payable to the BATFE. The
transfer tax on AOWs is $5 and is also payable to the BATFE. This
transfer tax is a one time only tax and not an annual tax. Each time
an NFA weapon changes hands, the tax is charged except if the
transfer is between class 3 dealers.
The paperwork required for the transfer of an NFA weapon consists of
an application known as the Form 4. The Form 4 is completed and
submitted with the applicant's photograph attached and a fingerprint
card. These are submitted the Bureau of Alcohol, Tobacco, Firearms
and Explosives in duplicate along with the respective transfer tax.
The finger print cards are forwarded to the FBI for a background
check. The background check and transfer process takes about 2
months or so depending on the examiners’ work load and if there are
any errors on the preparers part.
Once the Form 4 application is approved, one copy of the approved
application with a "stamp" is sent back to the dealer or seller of
the weapon. The dealer or seller contacts the buyer and makes the
physical transfer of the weapon at that time. The approved Form 4
application stays with the weapon and is proof that the buyer has
paid the transfer tax. The original should be stored in a safe place
and a photocopy carried with the weapon should the legality of the
NFA weapon be questioned by law enforcement officers.
individuals
transfer NFA Title 2 weapons between each other
For the sake of clarity and conformity the term “Originator” is to
mean the seller or transferor. The term “Recipient” is to mean the
buyer or transferee.
Originator & Recipient in same state – A SOT
dealer is not required for this transfer. Originator receives
payment for weapon in accordance with the purchase agreement between
originator and recipient. The ATF Form 4, 5320.4 is filled out and
signed by both parties in duplicate, no signature photocopies,
original signatures only. Either party can send in with a check for
$200. The check for $200.00 can be from anyone. Who pays the $200.00
tax and shipping is usually worked out in the contract either
verbally or written. Also to be included with the Form 4 package are
ATF approved finger print cards, 5330.20 citizen compliance form and
local CLEO (Chief Law Enforcement Officer) signoff. To be sure of a
complete and timely mailing, it is preferred that originator
complete and sign the Form 4 with originator and weapon information
and in turn send form to recipient for completion and inclusion of
additional documentation as described above. When the form is
approved by the ATF it is mailed to the originator and the
originator notifies the recipient. The firearm is picked up as soon
as possible and the recipient gets the form from the originator as
proof of ownership.
Originator & Recipient in different states –
A SOT dealer is required for this transfer. Originator receives
payment for weapon from out of state recipient in accordance with
either verbal or written purchase contract agreement. It is
encouraged to have written agreements signed by both parties. The
contract for purchase should include a detailed list of items sold,
sale amount, terms and condition of sale, shipping terms, list items
to be shipped after payment and items to be shipped after approval
such as the receiver. Further, a contengency plan for recipients
failure to get ATF Form 4 approval and course of action to remedy.
In any transaction, what can go wrong will. Have an agreement in
writing.
Anytime an individual (non SOT dealer) is involved with a transfer
(recipient or originator) it has to be on a form 4. Without
exception, all Form 4 applications require a $200.00 or $5.00 tax to
be included.
Purchases from an individual in another state require that you
transfer to a SOT dealer in the recipient’s state. The form required
for transfer from an individual to a SOT dealer in the recipients
state is Form 4 5320.4. Depending on the terms of the purchase
agreement between the parties either the recipient or originator
will pay the first $200.00 or $5.00 tax as negotiated. The Form 4
from the originator must include a $200.00 or $5.00 check regardless
or whether the originator or recipient writes the check.
The out of state originator completes 2 copies of the Form 4 with
originator’s information including weapon serial number and
originator signature. No photo-copies. To be sure, it’s a good idea
to have the originator enclose a copy of his original Form 4 in
addition to the completed 2 Form 4 copies when mailed to the
recipients SOT dealer so the recipient and SOT dealer know the
information is correct. The in state SOT dealer will complete his
portion of both Form 4 copies received from the originator as the
recipient SOT dealer. Licensed dealers, manufacturers & importers
are not required to submit photographs and fingerprint cards.
Individual details specific to form completion and documentation to
include in the Form 4 package can be found on the back of the Form 4
5320.4. The SOT dealer mails the completed Form 4 duplicates to the
ATF. When the approval form comes back from the ATF it will be
mailed to the out of state originator. The out of state originator
will send the firearm to the dealer with the original approved form
as received from the ATF as soon as possible.
The recipient in state SOT dealer who now has the weapon is now the
originator and fills out his information on his form 4 in duplicate
and in turn completes the recipients information. Recipients must
included with the Form 4 ATF approved finger print cards, 5330.20
citizen compliance form and local CLEO (Chief Law Enforcement
Officer) signoff and a 2”x2” color photo. The recipient then
includes a check for $200.00 or $5.00 with the Form 4 package. At
this point usually the SOT dealer mails the Form 4 duplicates
complete with all associated paperwork to know it was sent in a
complete and timely manner. Expect the in state SOT dealer to charge
from $75.00-125.00 fee for transfer paperwork.
Alternately, sometimes the originator desires to transfer to a
dealer in his state on a form 4 with the $200 tax and then transfer
to your in state SOT dealer on a dealer-to-dealer Form 3, with no
tax. The recipient’s in state dealer transfers to the recipient
using a Form 4. This adds an extra unneeded step and some extra
time. Form 4 5320.4
will be rejected if not printed double sided.
Forms may be obtained from the
BATFE.
Still have questions? Visit the
BATFE Frequently Asked Questions Website
BATFE FAQ
"I believe there are more
instances of the abridgement of freedom of the people by gradual and
silent encroachments by those in power than by violent and sudden
usurpations." -- James Madison
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