NFA Items & Transfers

What is a NFA item?

Since you have found yourself here then chances are you are looking to purchase your first NFA item, or you are at the least interested in the idea of. Lets start off by stating what items fall under the category of the National Firearms Act:

• Silencers
• Machine Guns
• Short Barreled Shotguns (Shotguns with barrel lengths less than 18 inches)
• Short Barreled Rifles (Rifles with barrel lengths less than 16 inches)
• Destructive Devices
• AOW (Any Other Weapon) as defined by the ATF here

I won't go into further detail of the classification of such, that would frankly lead to more confusion to some. However, the ATF is very helpful with those details.

I want to purchase a NFA item, now what?

The first thing you do before purchasing any NFA item is to make sure your state will allow you to own such items. Unfortunately, not all states will allow you to own such items. It's just the world we live in today. These are states that restrict private ownership of silencers:

• California 

• Delaware

• Hawaii

• Illinois

• Kansas

• Michigan

• Minnesota 

• Missouri

• New Jersey

• New York

• Vermont

(Note: the above states are subject to change, do not use this information for legal advice.)

If you happen to live in a state that allows private silencer ownership than congrats, you can move onto the next step.

Purchasing

Once you've done your research and have finished watching endless YouTube videos on which silencer to buy, you can now find a dealer that is properly licensed. The dealer will need to have a SOT (Special Occupational Tax) license. If you do not know of any dealers in your area with such than you can ask one of your local dealers and chances are they will know, otherwise Silncershop.com is an excellent resource for that. After you have found the dealer you wish to use you may purchase the silencer directly form them or you can make your purchase online and have it shipped to your dealer of choice. The process is similar to making any other firearm purchase online with the exception of one extra step for the dealers involved to handle.

The Transfer

Once your local dealer receives the silencer than your transfer process can begin. Now, there are two different ways you can transfer a silencer either as a individual or by using a Trust. Most people these days utilize a Trust because of the legal benefits it provides however it does take a little more work depending on how the Trust formatted. Either way you will need to provide your dealer with two completed FBI fingerprint cards and two 2"X2" passport style photos of yourself. If utilizing a Trust then each responsible person (persons able to posses the item) will also need to provide fingerprints and photos. 

Now that you have provided your dealer with all of the above requirements you can start your Form 4 process. The Form 4 is simply the document that provides the ATF with information about the Transferor, Transferee along with relevant information of the item being transferred. There will be a questionnaire that is similar to the 4473 which everyone should be familiar with. You will then be subject to pay a $200 tax to the ATF at the time of submitting the completed Form 4, then the wait begins.

Everyone always wants to know, how long will I wait? Well the answer is subjective but typically it takes around 9-12 months for your Form 4 to be reviewed and completed by the ATF. After your Form 4 is submitted the $200 tax is usually processed in two weeks, meaning that your Form 4 is now in line to be reviewed. Best advice is to not think about the wait.