Class III Weapons

Silencer Shop THE SILENCER SHOP  button on our website walks you through the complete process of buying a suppressor.

The National Firearms Act of 1934 (NFA) defines a number of categories of regulated firearms. These weapons are collectively known as NFA firearms and include the following:

SuppressorsThis includes any portable device designed to muffle or disguise the report of a portable firearm. This category does not include non-portable devices, such as sound traps used by gunsmiths in their shops which are large and usually bolted to the floor. In October, 2015 Arizona Congressman Matt Salmon introduced the Hearing Protection Act to remove suppressors from the NFA.[8]

Short-barreled rifles (SBRs)
This category includes any firearm with a buttstock and either a rifled barrel less than 16″ long or an overall length under 26″.  The overall length is measured with any folding or collapsing stocks in the extended position. The category also includes firearms which came from the factory with a buttstock that was later removed by a third party.
Short barreled shotguns (SBSs)
This category is defined similarly to SBRs, but with either a smoothbore barrel less than 18″ long or a minimum overall length under 26″.
Machine gunsThis includes any firearm which can fire more than 1 cartridge per trigger pull. Both continuous fully automatic fire and “burst fire” (e.g., firearms with a 3-round burst feature) are considered machine gun features. The weapon’s receiver is by itself considered to be a regulated firearm.  A non-machinegun that may be converted to fire more than one shot per trigger pull by ordinary mechanical skills is determined to be “readily convertible”, and classed as a machine gun, such as a KG-9 pistol (pre-ban ones are “grandfathered”).
The above information comes from (https://en.wikipedia.org/wiki/National_Firearms_Act)

The ATF forms usually used in dealing with these weapons are …

1) ATF Form 1 – Maker Form – used by non manufactures to make NFA weapons – for civilians, only Short Barrel Rifles, Short Barreled Shotguns, Silencers and AOWs can still be made (after May 1986).  The ‘one time’ tax stamp for this form is $200.  Maker will receive an approved form back from ATF and he/she can then make the item in question. Once made, if transfer of ownership is ever needed, this would be facilitated on a Form 4 below.

2) ATF Form 2 – Manufacturer Registration Form – used by manufacturers only.

3) ATF Form 3 – Dealer to Dealer tax-free form.  Any SOT can transfer to any other SOT tax free NFA weapons he/she has in their possession/ownership.  This is usually done when someone buys an item and it is transferred from a dealer in one state to a dealer in the buyer’s state to facilitate the approval/filing process.

4) ATF Form 4 – Tax paid to/from individual form – used when a NFA item is transferred TO or FROM an individual.  Even if the individual transfers the said item to a SOT holder/dealer, there still is a $200 transfer tax.  Once the SOT has it, they can transfer it back out to another SOT holder tax free (Form 3) or directly to another individual in their state on a tax paid (Form 4).

5) ATF Form 5 – Used to transfer NFA items to police departments for official use – tax fee transfer.  Dealer use only.

6) ATF Form 5320 – Used in the Interstate Transportation of all Title II firearms. If you are traveling between states, you WILL need to fill this form out a few weeks in advance.

NFA weapons must remain in the possession of the registered owner so short of just a few exceptions; you may not permit anyone to have possession of your weapon without you being in immediate presence.

Please feel free to come into our store and ask our resident expert for assistance.  Chip will be very happy to walk you through the entire process.

LEGAL DISCLAIMER: Please note that this content is not legal advice and does not constitute as an attorney / client relationship. If you need professional legal advice,  please contact an qualified attorney that practices in this field.