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No, it’s not illegal...

Discussion in 'NFA Firearms and Accessories' started by CoRoMo, Mar 2, 2010.

  1. CoRoMo

    CoRoMo Well-Known Member

    …if you'll just follow the law. Hopefully this thread will serve to prevent any confusion and especially congestion of threads asking, "is it legal?".

    Mind your state laws of course because they can vary greatly. I don't know how up-to-date this map still is, but here is a map of NFA restrictions at the respective state levels. If any of you know of a better map, chart, or list, please post it here. But in regards to federal laws & NFA items, also called title II items, such as suppressors/silencers, short barreled shotguns/sawed off shotguns/SBS, short barreled rifles/SBR, full-auto machineguns, destructive devices, and the AOW category, you can own whatever you can afford to buy or legally make on your own.

    Let’s first take a look at BATFE Form 1:
    Application to Make and Register a Firearm

    The purpose of Form 1 is to acquire ATF approval when making a title II item. If you plan to cut the barrel down on that shotgun or rifle, if you plan to mate a short barreled (<16”) upper to a lower receiver, drop a registered auto sear in your rifle, or if you would like to manufacture your own suppressor/silencer, you will need to submit Form 1 for approval and purchase the $200 tax stamp. Form 1 approval allows you to possess that one item. You would need to submit another Form 1, and purchase another $200 tax stamp for your next item build. Here is a link to some instructions on the process. http://www.czechpoint-usa.com/files/files/form-1-instructions.pdf

    Next in line is BATFE Form 4:
    Application for Tax Paid Transfer and Registration of a Firearm

    Form 4 is a little more understandable. You’ll submit Form 4 when you buy or otherwise receive the transfer of a complete NFA item. The corresponding NFA transfer tax is also required when you submit Form 4 for each and every title II item that you buy. Items in the AOW category require a $5 transfer tax, while other NFA items require $200 in tax for the transfer. Firearms dealers who deal in title II products are referred to as Class III Dealers.

    Finally, when it comes to interstate travel and your legally owned NFA item, you have to consider BATFE Form 5320.20:
    Application to Transport Interstate or to Temporarily Export Certain National Firearms

    Note the title of this form as it only pertains to ‘certain’ NFA items. Submitting form 5320.20 is not required for items such as sound suppressors, but approval is required for transportation of items like SBR and machineguns. The good news is that you do not have to send any money in with this form. Once the ATF approves your form, you can travel to and from your interstate destination with your NFA item.

    Knowing each state's law is critical when transporting restricted items.Knowing your state's law is essential when considering a build or to purchase any NFA restricted item.

    A good read for the NFA newbie can be found on Wiki:

    Knowledgeable members: if you can add to, or correct any of the information that I've posted here, please do so!
    Last edited: Mar 3, 2010
  2. TexasRifleman

    TexasRifleman Moderator Emeritus

    One correction to this part.....

    There is no Form 1 needed to drop an already registered auto sear into a rifle. You are not manufacturing a Title 2 firearm when doing that, since the sear itself IS a Title 2 firearm, and the tax has already been paid.

    The Title 1 firearm is simply the host. While the host it can have short barrels etc, just like a registered machine gun, but the moment you remove the registered sear it is a Title 1 firearm again. Registered sears, Lightning Links, etc have their own serial number and are firearms in and of themselves.
  3. CoRoMo

    CoRoMo Well-Known Member

    Good catch, thanks.
  4. rattletrap1970

    rattletrap1970 Well-Known Member

    But will it BLEND!
  5. bkjeffrey

    bkjeffrey Well-Known Member

    Doesnt the local Chief Law Enforcement Officer have to approve something at some time during this process?
  6. CoRoMo

    CoRoMo Well-Known Member

    No, not really. If they refuse to sign, there are a number of other officials you can ask to sign.

    Or you could just bypass it all by not purchasing the item as an individual. Using a trust, LLC, etc. saves you the time and expense of getting a signature, sending fingerprints and a mugshot.
  7. bkjeffrey

    bkjeffrey Well-Known Member

    I see it here on the Form One I am filling out for manufacturing a suppressor. Right there at the bottom of page one is where they sign.

    So, if you send all this paperwork in with your check for $200 and the ATF denys your request do they send your check back?
  8. CoRoMo

    CoRoMo Well-Known Member

    Yes, if you are building the suppressor as an individual owner, you'll have to get CLEO sign off, or whoever is willing to sign off. If you were building the suppressor under corporate or trust ownership, you don't have to bother with CLEO sign off and such. Check out the link below.


    IIRC, if they reject your F1, they will send it back to you to correct. If you are a prohibited person, and no correction would suffice, I believe they give you your money back. I've never been through such a rejection, so I'm only going on what I've read and heard.

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