What are NFA Weapons?
There are two kinds of firearms under U.S. (federal) law, title 1 firearms and title 2. Title 1 firearms are long guns (rifles and shotguns), handguns, firearm frames or receivers, and most NFA weapons are also title 1 firearms. Title 2 weapons are NFA weapons. Title 2 of the 1968 Gun Control Act is the National Firearms Act (26 USC sec. 5801 et seq.), hence NFA. Title 1 is generally called the Gun Control Act, (18 USC sec. 921 et seq.). NFA weapons are sometimes called class 3 weapons, because a class 3 SOT (see below) is needed to deal in NFA weapons.

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Taxpayer privacy
The transfer paperwork is nominally a tax return; the purpose of the registration, and the National Firearms Registration and Transfer Record (Registry) is keeping track of who owes the tax. ATF takes the position that taxpayer privacy laws apply to a transfer form, and that they may not discuss a pending transfer with anyone but the taxpayer, who is the transferor (seller), as he is responsible for the tax by law. This also serves to allow ATF to refuse to discuss why a transfer is taking so long with the party who is most interested in that question, the transferee (buyer). However, in another context (releasing information under the Freedom of Information Act) ATF has decided that as to a Form 4, the tax form is a joint return between the transferor and transferee, (see 1980 Auto Ordnance Corp. memo) so in that case the transferee should be entitled to the information about the application on the same basis as the transferor. That is not the usual practice, however. The NFA also prohibits the use of Registry information obtained from natural persons (only) for any law enforcement purpose except prosecutions for making a false statement on a transfer form (26 USC sec. 5848). Other tax laws prohibit the release of transfer information, as a tax return, except for certain narrow law enforcement type circumstances. See 26 USC sec. 6103.

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Form Title
—————————————————————-
3310.4 – Report of Multiple Sale or Other Disposition of
Pistols and Revolvers
4473 (5300.9) – Firearms Transaction Record
5300.35 – Statement of Intent to Obtain a Handgun(s)

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Note that the silencer definition applies only to devices for firearms, i.e. powered by an “explosive”. An air gun silencer is not covered. But if it can be used on a firearm it would be. Thus an airgun silencer permanently attached to the airgun, or too flimsy to be used on a firearm, should be exempt. If you have an interest in pursuing this line of thought submit a sample or drawings to ATF Tech. Branch. I am not aware of any airgun silencer currently made, or determined to be exempt from this definition. But clearly there is room under the definition for such a gadget. Likewise, since antique guns, as defined in the GCA are not “firearms”, a silencer for such a gun is not, or should not be, covered. Perhaps one fitted permanently to a pre-1899 gun? The mind reels.

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Federal Firearms Licenses: Types, Fees, and Descriptions

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APPENDIX: STATE NFA RESTRICTIONS

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This certification is not really a big deal for the chief law enforcement officer (CLEO) making it, and it DOES NOT expressly make the CLEO legally responsible for the weapon or …

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A sole proprietor SOT may keep any NFA weapon he has after surrendering his SOT, as his personal property, except post-86 machine guns, discussed below.

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[Note the difference between Federal Firearms License TYPE and Special (Occupational) Taxpayer CLASS.]

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A Note about NFA Weapons and California As a general rule the definitions of NFA weapons, as regulated in California, track exactly the federal definitions, and categories.

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Form Title —————————————————————– 6 (5330.3A) – (Part I) Application and Permit for Importation of

The ability to move the sear or other parts between like guns is a nice feature of the sear; you can have all your HK guns be full autos, one at a time, and only have one registered item, and one transfer tax to pay, for example. However each sear or conversion kit may require a bit of fine tuning to the host gun to make it work, this swapping feature may be overrated, depending on the design of the sear and of the host gun.

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The transfer involves paying the transfer tax, which is $200 for all the NFA weapons, except AOW’s for which the tax is a mere $5. Individuals also have to get one of several specified local chief law enforcement officers to sign the form (see the section on the law enforcement certification for more information), submit their fingerprints in duplicate, and attach photos of the transferee to the form. While the transfer tax is levied by law on the transferor (seller), in practice the transferee (buyer) is expected to pay the tax. Transfers to individuals tend to take at least 4 months, although subsequent transfers can be quicker.

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A violation of 18 USC sec. 922(o) of the GCA can also bring up to a ten year prison sentence, and or a $250,000 fine. Again, prison time is likely, even on a first offense.

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Before the NFA was changed in 1968, as part of the Gun Control Act of 1968, one could register unregistered existing weapons, however it meant you were admitting to possessing an …