Where do I send my form 4's?
Who can own a Machine Gun or Suppressor?
What's required to buy a NFA Weapon?
I found a mistake on the form 4's you sent me?  How do I correct it?
The form 4's you gave me to take to the police/sheriff department, I lost or was destroyed.  I need a new set.  How do I get them replaced?
The Police department gave me replacement fingerprint cards for what ever reason, is that ok?
Why do you charge to send new form's or fingerprint cards?
I have already received my approved paperwork and suppressor (or whatever) from you and I lost my form 4.  How do I get a replacement?
A family member died and your the heir.  How do I transfer the item to myself.
What are the different classes of NFA weapons
Most popular forms
List of states and what's allowed

 

New Mailing Address for Form 4's
National Firearms Act Branch
Bureau of Alcohol, Tobacco, Firearms, and Explosives
P. O. Box 530298
Atlanta, GA 30353-0298

 

GENERALLY IF YOU MEET THE FOLLOWING CRITERIA YOU CAN OWN A MACHINEGUN. SOME STATES DO NOT ALLOW OWNERSHIP OF NFA ITEMS, To the best of our knowledge, machineguns and silencers are legal for private ownership in the following states: AL, AR, AK, AZ, CO, CT, FL, GA, ID, IN, KY, LA, ME, MD, NE, NV, NH, NM, NC, ND, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WV, WI, and WY. Additionally, they maybe owned by Class 3 dealers and Class 2 manufacturers (but not individuals) in: CA, IA, KS, MA, MO, and MI. Territorial law prohibits possession in the Territories and Possessions of the United States. There are no known restrictions on governmental ownership. If your state is not listed, check with your local office of the Bureau of Alcohol, Tobacco, & Firearms or your state's Attorney General. If they are not legal in your state of residence, we cannot sell to you. Please do not ask us to violate state or federal law.

  1. OVER 21 YEARS OF AGE
  2. NO DISHONORABLE DISCHARGED FROM THE ARMED SERVICES
  3. NOT AN ALIEN ILLEGALLY IN THE U.S.
  4. NOT ADJUDICATED MENTALLY DEFECTIVE, OR COMMITTED TO A MENTAL INSTITUTION
  5. NOT AN UNLAWFUL USER OF DRUGS OR CONTROLLED SUBSTANCES
  6. NEVER RENOUNCED YOUR U.S. CITIZENSHIP
  7. NOT A FUGITIVE FROM JUSTICE
  8. NOT UNDER INDICTMENT FOR A CRIME PUNISHABLE BY MORE THAN A YEAR
  9. NOT CONVICTED OF A CRIME WHERE YOU COULD HAVE BEEN SENTENCED FOR MORE THAN A YEAR. USUALLY A FELONY.
  10. NOT SUBJECT TO A COURT ORDER RESTRAINING YOU FROM HARASSING, STALKING, OR THREATENING AN INTIMATE PARTNER OR CHILD OF SUCH PARTNER.

 

• What's required to buy a NFA Weapon?

The first step is finding the gun you want to buy. You can find lots of NFA items for sale on various websites such as this one or others which can be found in our links section. The second step is finding a Class 3 (machinegun) dealer in your area to "transfer" the firearm(s) for you if the firearm(s) are not in your state. If the gun is owned by someone in your state, you can do the transfer yourself without going through a dealer. This is done by filling out a Form 4 and sending it to the BATF.

Let's assume you've found a gun on the Internet you want and a dealer transfers it for you. After it arrives you will need to get with your dealer and fill out a Form 4. The Form 4 is the ATF form to transfer an NFA weapon to a non-dealer, generally this is called an "individual transfer". You will need to submit 2 copies of the Form 4 to ATF. The dealer will fill out the necessary information on the front of the form. Then it is your turn. You will need to fill out the applicant statement on the back of the form. Then you go to your local PD or sheriff and he signs the "law enforcement statement". This states he/she has no reason to believe you will use the weapon for illegal purposes. Also required are two sets of your fingerprints. The dealer will furnish the print cards to you and you can have them done while you are at the police station getting "sign off". Attach your photograph to each of the Form 4's and attach your check for the appropriate tax, $200 for machineguns, silencers, sawed off shotguns, short-barreled rifles,etc, or $5 for AOW's.

The forms, finger prints and check will be mailed to the BATF office in Chicago and they will forwarded them to the ATF/NFA Branch in Washington, DC. Generally the Form 4 transfer takes 60 to 120 days. Once the Form 4 is approved it will be sent to your Class 3 Dealer. When he calls you can go and pick up your weapon

 

 

.

Contact me right away so I can correct the mistake.  Yes, I make mistakes too.  The sooner you let me know, the quicker I can get them back to you.

 

 

Call or E-mail me and I will reprint them and send them to you.  I charge $25 to reprint and send you new form 4's (fingerprint cards if necessary.)

 

 

NO, the fingerprint cards that police departments use is for criminal arrest/investigation.  The fingerprint cards that you were given with your form 4's are specifically for NFA transfers.  If you look at the section that's labeled, ORI (routing address) it says, "WVATF0800  ATF-NFA Branch  Martinsburg, WV"  If it don't say that, then the BATF will return them to you.  You will need to get new fingerprint cards and be re-fingerprinted at you local police department or sheriff's department.  I charge $10 to send new fingerprint cards.

 

 

Time and gas involved.  Plus the cost of postage, ink, paper, envelopes, etc....   I correct and eat the cost of my mistakes, not yours.

 

 

You need to contact the BATFe and request a certified copy of the form 4.  They can be reached at (403) 616-4500.   I keep a copy of all form 4's for at least 5 years though I am not required to.  I can send you a copy while you are waiting for the certified copy from BATFe.

 

 

You complete form 5 in duplicate and submit it along with finger print cards and certificate of compliance.  There is no transfer tax on this transfer.  Consult BATFe for further instructions.

 

 

If you are new to Class 3 knowing what you can and cannot buy can be confusing. This section will hopefully, help you when you are reading ads in places like Tom Bowers Machinegun Board or the ShotGun News.

TRANSFERABLE WEAPONS: These are machineguns, sears, or conversion kits made and registered before May 19, 1986. This is the date that Mclure-Volkmer Act went into effect. Part of that act was the banning of the manufacture of machineguns for individuals. These items may be purchased by anyone who meets the above criteria for ownership. A $200 Transfer Tax applies.

CURIO AND RELICS: This a classification of NFA weapons that derive the majority of their value due to age or rarity. Many of the weapons in this classification are WW1 and WW2 original pieces, such as Thompsons, MG42's, Stens, Greaseguns etc. Some states restrict individual ownership of machineguns to C&Rs. If you want to know what guns are on the list you can contact ATF in your city and they will tell you were to call to obtain a copy of the list. These are fully transferable and subject to the $200 transfer tax. If you hold a C&R license or an FFL you can buy these interstate directly, subject to an approved Form 4.

PRE-MAY DEALER SAMPLES: These are machineguns that were imported between 1968 and May 18, 1986. The 1968 act made all machineguns imported after 1968 for law enforcement use only. The Mclure-Volmer Act defined these weapons as "Dealer Samples" and allows a Class 3 dealer to keep these weapons if he drops his license. These are desirable to Dealers as it allows them to have a factory original gun, not a conversion he can keep if he drops his license. Only Class 3 dealers and others with a Special Occupational Tax can buy these weapons. If you are not a dealer you cannot buy a Pre-May dealer Sample gun.

POST MAY DEALER SAMPLES: These weapons are very restricted. They can only sold to a Law Enforcement Agency, The Military or a Class 3 dealer who has either a request for demonstration or a sale to a qualifying agency or department. They cannot be kept if a dealer drops his license.

SHORT BARRELED RIFLE: Basically a rifle with a barrel of less than 16" or an overall length of less than 26" with the stock extended if it has a folding stock. These can still be manufactured and are transferable. $200 Transfer Tax applies.

SHORT BARREL SHOTGUN: Basically a shotgun with a barrel of less than 18". A good example would be the Benelli Entry Gun with it's barrel of 14". Short barreled shotguns can still be manufactured and are transferable. $200 Transfer Tax Applies.

AOW (ANY OTHER WEAPON): AOW's are a bit tricky. Generally it applies to pistol grip shotguns with barrels below 18", such as the New Model Auto & Burglar. You cannot make one from a shotgun originally manufactured with a butt stock, they must be made from either a new receiver that has never been registered as a shotgun with a butt stock or a shotgun that left the factory with a pistol grip only. AOW's also applies to the old stuff like H&R Handy Guns, Marbles Gamegetters etc. A new class of AOW's are the semi-auto pistols with front hand grips, such as the H&K SP 89 with the K grip attached or the semi-auto AK's with no butt stock and a forward pistol grip. These can still be manufactured and are transferable. A $5 Transfer Tax applies.

DESTRUCTIVE DEVICES (DD'S): This classification is for guns with rifled bores greater than .50" and also includes things like M-79's, M203's, 37MM cannons, 105MM Howitzers etc. These can still be manufactured and are subject to a $200 Transfer Tax.

DEWATS: Dewats are machineguns and other devices that have been rendered unserviceable per ATF guidelines. These are called "papered dewats" in the trade. Many times we can "re-wat" them and make them live guns again.

 

 

For the individual and most commonly used.

Form 4: This form is used to transfer an NFA weapon or device from a Dealer to a non-licensee or from a non-licensee to a Dealer. The appropriate Transfer Tax will apply.  $200 Tax

Certificate of ComplianceThis form is used to Self-Certify that you are a United States Citizen.

Form 1: This Form is used by the individual to create and place an item on the NFA registry.  $200 tax

Form 5: This form has multiple uses. It is used to transfer an NFA item to or from a Government agency, from an estate, to a dealer for repair, to transfer unserviceable NFA items and carries no tax. This applies to the "papered dewats" mentioned above.  Tax free transfer. 

For the Dealer/Manufacturer

FORM 3: This form is used to transfer NFA weapons or devices from Class 3 Dealer to Class 3 Dealer.  Tax free transfer.

Form 2: This form is used by a FFL/SOT with a manufacturers license to create new NFA items and place them on the NFA registry Tax free

Example of a Demo Letter  - This is the type of letter that a FFL/SOT needs to obtain post samples.

There are other forms for other things like manufacturing but won't be mentioned here. The above forms are the ones you will commonly encounter in the Class 3 world.

Remember, if you are a non-licensee (no FFL/SOT) and you want to take your machinegun or other NFA item from your state to Knob Creek in Kentucky or any other state that allows them, then you need to file  Form 5320 with ATF prior to your trip. Without this form completed and submitted, you can't legally take your NFA firearm out of your state.

• SOME HELPFUL PHONE NUMBERS

BATF/NFA BRANCH: 403 616 4500
BATF LICENSING: 404 679 5040
BATF/DIST. CENTER(FORMS ETC): 703 455 7801

 

 

DISCLAIMER - This document is intended as an overview of the laws at the time of this writing. This document is not to be taken as legal advice. The laws governing the NFA frequently change and are always open to interpretation by the BATF. If you have any questions regarding the legal ownership of NFA firearms, their transfer or transportation, please contact he BATF directly at the numbers listed below or visit their website.

State     Machine
Gun
    Suppressor     Short Barrel
Rifle
    Short
Shotgun
    Any Other
Weapon
    Special Provisions
Alabama   Yes   Yes   No   No   Yes      
Alaska   Yes   Yes   Yes   Yes   Yes      
Arizona   Yes   Yes   Yes   Yes   Yes      
Arkansas   Yes*   Yes   Yes   Yes   Yes   state registration pistol cal mg's over .30 cal  
California *   Yes*   No   Yes *   Yes *   Yes *   rarely issued by State Dept of Justice  
Colorado   Yes   Yes   Yes   Yes   Yes      
Connecticut *   Yes*   Yes   Yes   Yes   Yes   no selective fire machine guns, full auto only  
Delaware *   No   No   Yes   No   Yes *   no smooth bore AOW's  
Florida   Yes   Yes   Yes   Yes   Yes      
Georgia   Yes   Yes   Yes   Yes   Yes      
Hawaii   No   No   No   No   No      
Idaho   Yes   Yes   Yes   Yes   Yes      
Illinois   No   No   No   No   Yes      
Indiana   Yes   Yes   Yes   No   Yes      
Iowa *   No   Yes *   Yes *   Yes *   Yes *   C&R's designated by Commander of Public Safety  
Kansas   No   No   Yes   No   Yes      
Kentucky   Yes   Yes   Yes   Yes   Yes      
Louisiana *   Yes *   Yes   Yes   Yes   Yes   typically, C&R machine guns only  
Maine   Yes   Yes   Yes   Yes   Yes      
Maryland *   Yes *   Yes   Yes   Yes   Yes   machine guns must be registered with state,
No hi-cap magazines
 
Massachusetts *   Yes *   No   Yes   Yes   Yes   license for machine guns required  
Michigan *   Yes   Yes *   Yes *   Yes   Yes   C&R on SBR & SS  
Minnesota *   Yes *   No   Yes   Yes *   Yes   C&R mg's only, SS registration  
Mississippi   Yes   Yes ?   Yes   Yes   Yes      
Missouri *   Yes *   No   Yes *   Yes *   Yes   C&R only non ffl's, C&R holders any mg, sbr,ss  
Montana *   Yes *   No   Yes   Yes   Yes   state registration pistol cal mg's over .30 cal  
Nebraska   Yes   Yes   Yes   Yes   Yes      
Nevada   Yes   Yes   No   No   Yes      
New Hampshire   Yes   Yes   Yes   Yes   Yes      
New Jersey *   Yes *   No   Yes   No   Yes   mg's permit must be issued by state court, rare  
New Mexico   Yes   Yes   Yes   Yes   Yes      
New York   No   No   No   No   No      
North Carolina *   Yes *   Yes *   Yes *   Yes *   Yes *   sheriff permit on mg's, must be FFL holder, or for R&D  
North Dakota *   Yes *   Yes *   Yes   Yes   Yes   licensees req'd to register mg's & supp with state  
Ohio   Yes   Yes   Yes   Yes   Yes      
Oklahoma   Yes   Yes   Yes   Yes   Yes      
Oregon   Yes   Yes   Yes   Yes   Yes      
Pennsylvania   Yes   Yes   Yes   Yes   Yes      
Rhode Island   No   No   No   No   Yes      
South Carolina   Yes   Yes   Yes   Yes   Yes      
South Dakota   Yes   Yes   Yes   Yes   Yes      
Tennessee   Yes   Yes   Yes   Yes   Yes      
Texas   Yes   Yes   Yes   Yes   Yes      
Utah   Yes   Yes   Yes   Yes   Yes      
Vermont   Yes   No   Yes   Yes   Yes      
Virginia *   Yes *   Yes   Yes   Yes   Yes   state registration of all mg's  
Washington   No   Yes *   No   No   Yes      
West Virginia *   Yes *   Yes   Yes   Yes   Yes   suppressor may not be used on weapon  
Wisconsin   Yes   Yes   Yes   Yes   Yes   no pistol cal mg's without permit  
Wyoming   Yes   Yes   Yes   Yes   Yes      
This information is for reference purposes only and not intended to be used as a legal instrument. It is correct to the best information available at the time of print. In some instances, re: California, class 3 weapons are permitted, but the signature required on the BATF form 4, is almost impossible to obtain. For more detail information, contact the local BATF office in your state or the BATF/NFA branch, in Washington, D.C., (202) 927-8330.