What Are NFA-Controlled Firearms and How Do I Get Them?

Have you been eyeing short-barreled rifles while browsing guns online? Did the fully-automatic MP5K catch your eye? Do you want a cool gun hidden in a cane? These are all highly regulated firearms and weapons. They require extra paperwork and waiting times. Here is everything you need to know about items regulated by the National Firearms Act and the steps it takes to get them.

What Is the NFA?

The National Firearms Act of 1934 added an excise tax for specific firearms. Known as a tax stamp, these affect manufacturers, importers, and dealers who create or sell these firearms. There is a specific transfer process that is more rigid than the sale or transfer of a typical firearm. The NFA was, at the time, meant to stop robbers like John Dillinger or Bonnie and Clyde from obtaining Thompson SMGs and BAR machine guns. Though they were not common then, it was intended to make restricted guns far more expensive and thus not worth it for the criminals.

What Are Class 3 Items?

What does the NFA regulate? They are known as Title 2 or Class 3 items. These are machine guns with full or select fire, short-barreled shotguns 18 inches or shorter and rifles 16 inches and shorter, suppressors, destructive devices such as grenades, and any other weapon that can be concealed which can be shot through the energy of an explosive. This means, if you take your collection of Remington shotguns and saw off the barrels so they are 18 inches or shorter, you are now in possession of NFA-regulated items.

How to Buy a Class 3 Item

If you want to buy a Rainier Arms AR 15 converted to an SBR that has been labeled as Transferable by the ATF, you will need to go through a certified Federal Firearms Licensed Dealer that can accept an NFA transfer. You will likely have to pay a fee for this. You will also need to get approval of the transfer from the ATF by submitting Form 4. You will need to pay a $200 tax stamp and submit identification. Once the ATF approves the transfer, which can take the better part of a year, you can complete your transaction with the NFA dealer. Bear in mind there are only 180,000 Transferable machine guns, so demand can be high. If you want to create an NFA-restricted item, you must apply with an ATF Form 1, which allows you to create a short-barreled rifle or shotgun.

Pre-Sample and Post-Sample Guns

There are also pre-sample guns, which were imported to the US between 1968 and May 19, 1986. Only dealers, manufacturers, military, and police agencies can own these. The approved form will list these as “Limited to use as a Sales Sample.” Post-sample machine guns were manufactured or imported after May 19, 1986, and can only be bought by special dealers, manufacturers, and military and police agencies. Dealers still need a Law Letter from law enforcement to sell these. They are clearly marked as “Restricted” on the ATF Form 3.

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