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A silencer is a silencer is a silencer in the eyes of ATF.

If you're allowed by state law to have NFA items under 21 (no idea if any restrict based on that, they don't here), and have constructed it on a F1 or bought it from a private party, you're good to go.

You will not be purchasing a NFA item from a dealer, though, until you're 21, just like a pistol.
 
Not so. If the transferee is under 21, but at least 18, and purchases NFA weapon from a private, non FFL party, then the Form 4 would in fact NOT verify the age of the transferee.

Same as with a Form 1 build.
 
A noise suppressor is a Title 2 firearm.

FFL dealers can only transfer Title 1 rifles and Title 1 shotguns to persons under the age of 21.

So, a person under 21 can not Form 4 a noise suppressor.
 
Interstate or Intrastate

Dealer or no dealer

Doesn't really matter.

On the Form 4, Question 13 d. specificly asks "Under 21 years of age?"

http://www.atf.gov/forms/download/atf-f-5320-4.pdf

The Form 4 doesn't verify the transferee's age, but the finger print cards do. Yes, the finger print cards ask for DOB and Social Security Number.
 
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A noise suppressor is a Title 2 firearm.

FFL dealers can only transfer Title 1 rifles and Title 1 shotguns to persons under the age of 21.

So, a person under 21 can not Form 4 a noise suppressor.
Click to expand...

I think you are wrong. Can you come up with a law that says a person can not own any firearm other than a handgun unless they are 21 and over?

http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

Section 922, unlawful acts.

(b) It shall be unlawful for any licensed
importer, licensed manufacturer, licensed
dealer, or licensed collector to sell or deliver—
(1) any firearm or ammunition to any
individual who the licensee knows or
has reasonable cause to believe is less
than eighteen years of age, and, if the
firearm or ammunition is other than a
shotgun or rifle, or ammunition for a
shotgun or rifle, to any individual who
the licensee knows or has reasonable
cause to believe is less than twenty-one
years of age;
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While dealers can only sell weapons other than long guns to those 21 and over, there is no law that says an 18 year old can own any weapon other than a handgun. There is at least one person on the SilencerTalk website that claims the ATF approved an ATF form 1 to make a silencer. And I have never read any law forbidding the ownership of any weapon other than a handgun to anyone between 18-21.

A person can form 4 a silencer without going through a dealer as long as the buyer and seller live in the same state.

Ranb
 
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The debate here is if it is legal to have a Title 2 item under 21.

The answer is YES, if you build a suppressor or SBR under a FORM 1. Form 4 = nogo.
 
The debate here is if it is legal to have a Title 2 item under 21.

The answer is YES, if you build a suppressor or SBR under a FORM 1. Form 4 = nogo.
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I have been unable to find any law that says a person has to be 21 to use an ATF form 4 to buy a title 2 firearm. I could only find the law that says they have to be 21 to buy one from a dealer. Show me the law that supports your conclusion please.

Ranb
 
GoingQuiet,

What's the difference between a Form 1 and Form 4?

They both ask if you are under 21.

Form 1 Question 10 d.

http://www.atf.gov/forms/download/atf-f-5320-1.pdf


Mind you, in either of my posts I am not saying that someone under 21 can't posses a suppressor. I can't prove it one way or another.

There is always exception to everything, but the "under 21" is just one of a list of disqulifiers.

Are you:
-Charged with a crime that could inprision you for mort than year?
-Fugitive from justice?
-Illegal alien?
-Under 21 years of age?
-Illegal drug user?
-Suject to a restraining order?

Have you:
-Been convicted of a crime that could inprision you for mort than year?
-Been dishonoralbly discharge from the armed services?
-Been adjudicated mentally defective or been committed to a mental institution?
-Renounced your United State citizenship?
-Convicted of a misdemeanor or domestic violence?

Like I say, I can't find it on the ATF's web site but it doesn't look good.
 
When I was working for an SOT this question came up and I called our examiner at NFA branch and asked. The answer she gave was that a Form 4 transfer is OK if the transferor does not hold an FFL (with or without an SOT). The wording of the law is that an FFL holder is prohibited from transferring any firearm to a person under 21 except for long guns.

18-21 years old is OK for a Form 4 transfer in a private sale under Federal regs. Any state restrictions still apply.

I have also seen an approved Form 5 for a transfer to someone under 21. Tax exempt transfer on an inheritance.
 
The form does not say answering yes means you can not get approval. It just means you have to explain it.

A person could have been accused or convicted or any of the above crimes, but been exhonerated or pardoned. Since the ATF form 4 is used for transfers from dealers and non-dealers, I think the ATF just wants to know what age catagory you fit in.

If you were to check yes for under age 21, then explain that you are 18, 19 or 20 years old, the ATF would approve the transfer as long as it was not from a licensed dealer.

Ranb
 
I owned NFA items before I turned 21. One of them was, indeed, an intrastate F4 Tac-63 silencer.

The BATFE allowed it, as there's nothing on the books saying I couldn't and I composed a letter saying similar. :)
 
+1 PTK.

Thank you for sharing your experience.

So it looks like you're good to go Charleo0192. Now go put your paperwork in and let us know when you get it in.:)
 
Zak Smith said:
Do you have a cite?
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Zak, I got it via snail mail correspondence with ATF last year.

I turned my desk upside down looking for it, can't find it. There's others that have done it. As several others have said, you can do a Form 1 build or a Form 4 private party NOT from an SOT such as myself.
 
It absolutely isn't. If I didn't have to worry about ID theft and all, I'd happily post a pic of the F4, my license showing DOB and all. Suffice it to say, the BAFTE folks I spoke with were surprised that I knew enough about the letter of the law to compose a well-thought-out letter regarding the age restrictions and how they didn't apply to me. :)
 
Zak Smith said:
Your original post said a Form 4 was a no-go period. It appears that is not the case.
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I get caught up in being an SOT sometimes. I should have clarified. My mistake.

Short version:

Form 4 via SOT = Nogo
Form 4 via private sale = Go

Pretty soon expect people to "Close the Under 21 NFA Loophole"
 
NFA weapons are so far below the radar, anti-gun rhetoric wise, that I doubt this will ever be touched, period. :)
 
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