Class 3 & NFA Information
Title II and Class 3 Weapons
These are firearms that are restricted by the National Firearms Act (NFA). Title I firearms include rifles and shotguns, handguns, silencers and firearm frames and receivers. Title I is usually referred to as the Gun Control Act, whereas Title II is the National Firearms Act. NFA weapons are sometimes called Class 3 weapons because a Class 3 SOT (Special Occupational Taxpayer) is needed to buy and sell these kinds of firearms.
A specially licensed FFL (Federal Firearms License) dealer is the only business that you can work with to get these kinds of weapons.
What is a Class 3 Weapon?
There are several weapons that are restricted under Title II and include the following:
Destructive Device (DD) - Explosive Ordnance: A destructive device can be one of three things: an explosive, incendiary, or poison gas weapon. This can include bombs, mines, grenades, missiles, rockets and other similar devices. The parts used to build these devices are also included under Title II. None of the states in the Union permit ownership of an explosive ordnance. Examples: Claymore mine, hand grenade, improvised explosive device (IED)
Destructive Device (DD) - Large Bore Firearms: This type of firearm is described as a projectile weapon with a bore diameter bigger than 50 calibers or half an inch. Non-combat shotguns, flare guns, and antique guns that are not likely to be used as a weapon and made before 1898 are exempt. No state allows for ownership of large bore firearms. Examples: 20mm rifle, flare launcher with anti-personnel ammunition, Street Sweeper shotgun.
Machine Guns: According to the NFA, a machine gun is defined as "[a]ny weapon which shoots, is designed to shoot or can be readily restored to shoot, automatically more than one shot without manual reloading, by a single function of the trigger." This definition includes any frame, receiver, or parts to make a machine gun. Examples: AK-47 rifle, M16 rifle, M4A1 rifle.
Short-Barreled Rifles (SBR): A rifle is a shouldered firearm that has spiral grooves inside the gun barrel and can fire one bullet at a time. A short-barreled rifle has a barrel of less than 16 inches or overall length of less than 26 inches, as defined by the NFA. This also includes any weapon made from a rifle that is of the same dimensions. The stock must be extended on folding stock rifles when measuring the length. Pistols with shoulder stocks may be considered a short-barreled rifle if they meet other requirements. Check with experts like those at Wendl's Weapons if you are unsure about your firearm. Examples: semiautomatic Glock pistol with shoulder stock, Wilson Combat SBR Tactical rifle, sawed-off rifles.
Short-Barreled Shotguns (SBS): An SBS is any shotgun having a barrel less than 18 inches long, or any weapon made from a shotgun that is less than 26 inches long. A shotgun is a shoulder-fired, smooth bore firearm. Examples: H&K Fabarm FP6, Seraphim Armoury 9" SBS, customized "sawed off" shotguns
Silencers: A silencer or suppressor is any device that is used to muffle or diminish the sound of the gunshot of a portable firearm. This also includes any parts used to build a silencer or suppressor. Examples: Gemtech MIST25, AAC Element 4, YHM Sidewinder
Why NFA?
Your choice to purchase NFA items is protected by the Second Amendment. If you have never experienced the fun and pride in being an NFA firearm or suppressor owner, give an NFA item a try. Many ranges throughout the United States offer the chance to shoot full-auto machine guns, short barreled rifles, and suppressors, and more individuals are buying them every day. It's all up to you to take the next step toward ownership.
Individuals, Corporations, and Trusts
Where permitted, purchase and ownership of NFA firearms and suppressors is available to Individuals, Corporations, and Trusts. Which entity you choose to purchase under is up to you, but we recommend getting qualified advice from a knowledgeable source, such as an attorney who is well-versed in NFA law. We can report that many people are utilizing trusts, but if you use a trust, be certain your trust does not violate the NFA; the repercussions can be substantial.
How much does it cost?
An individual purchasing an existing NFA item--other than an AOW item--is required to pay a one time, $200.00 dollar transfer tax to the Bureau of Alcohol, Tobacco, Firearms and Explosives in addition to the purchase price of the item and the receiving dealer's transfer fee. The AOW firearms transfer tax is only $5.00 dollars, plus the purchase price of the item and the receiving dealer's transfer fee. Should the item be transferred to another person in the future, a separate transfer tax must be paid at that time by the new prospective owner. This tax is commonly referred to as your "tax stamp."
What kind of forms to file?
Your transferring FFL will usually assist you with the filing of ATF Form 5320.4, also known as the “Form 4.” This form is required in order to transfer the NFA item from the receiving FFL to you. Two copies of the Form 4 will be submitted to the ATF and a third copy should be mailed to your CLEO (Chief Law Enforcement Officer) in your city or county. This is simply a notification and they no longer have to sign off on your Form 4.
Additionally, if you are applying as an individual versus under a trust/corporation, the required paperwork will differ slightly. Your transferring FFL should be able to assist you with the paperwork (Form 4 and Responsible Person Form) and mail it off to the ATF for you as part of your transfer fee.
When completing a Form 4 as an individual, you will need:
1. THREE completed and signed Form 4s. TWO copies will be sent off to the ATF (they will keep one copy and send the second copy back with your approval and tax stamp). The remaining ONE copy will be sent to the CLEO (Chief Law Enforcement Officer) in your city/county.
2. TWO fingerprint cards. These can be completed at your local Sheriff's Office or Police Dept.
3. TWO passport sized photos (2" x 2" inch).
4. ONE check or money order made out to the BATFE in the amount of $200.00 dollars ($5.00 for AOWs).
5. You will need the above for EACH NFA item that your purchase, even if you are purchasing multiple items at once.
When completing a Form 4 under a trust or corporation, you will need:
1. THREE completed and signed Form 4s. TWO copies will be sent off to the ATF (they will keep one copy and send the second copy back with your approval and tax stamp). The remaining ONE copy will be sent to the CLEO (Chief Law Enforcement Officer) in your city/county.
2. TWO Responsible Person forms (ATF Form 5320.23) for EACH responsible person on your trust/corporation. One copy is sent to the ATF and the other copy is sent to each responsible person's CLEO.
3. ONE copy of the trust/articles of incorporation.
4. TWO fingerprint cards for EACH responsible person on the trust/corporation.
5. ONE passport sized photos (2" x 2" inch) for EACH responsible person on the trust/corporation.
6. ONE check or money order made out to the BATFE in the amount of $200.00 dollars ($5.00 for AOWs).
You will need the above for EACH NFA item that your purchase, even if you are purchasing multiple items at once.
How long is the wait? Wait time for ATF approval on Form 4s varies. The current estimate is 12 months but may be expedited by electronically filing.
How old do you have to be to have an NFA Item? You must be 21 years old.