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 either you or your diligent dealer.

Red Bear Gun Brokers is happy to offer full Class 3 / NFA dealer services. We are a "One-Stop-Shop" for these services so you don't have to run all over town to complete your purchase / transfer.

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 ...

• A shotgun having a barrel or barrels of less than 18 inches in length
• A weapon made from a shotgun if such a weapon is modified has an overall length of less that 26 inches or a barrel or barrels of less than 18 inches in length
• A rifle having a barrel or barrels of less than 16 inches in length
• A weapon made from a rifle if such a weapon is modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length
• Any other weapon, a defined in subsection (e) (i.e. - pen gun, pistol with vertical foregrip, knife gun, etc)
• A machine gun
• Any silencer (as defined in section 921 of title 18, United States Code)
• A destructive device (dealer will need to be a DD guy)

             [26 U.S.C. 5845; 27 CFR 479.11]

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

• A $200 tax for the transfer of any firearm, except a firearm classified as an "any other weapon". Any other weapon is $5. 
• 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. 

For more questions on NFA items, Suppressors, Gun Trusts, please contact us via our Contact Page button above.

Or visist:  https://www.atf.gov/qa-category/national-firearms-act-nfa