ATF REGULATIONS

How To Purchase NFA Title II (“Class 3”) Items

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How To Purchase NFA Title II (“Class 3”) Items

From Mac’s Gunsmiths

General Information

Mac’s Gunsmiths is a gunsmith shop, not a retail store and does not have product on display for the public consumer to view.

Once we have worked with a customer and determined the firearms that the customer desires, we will attempt to purchase the firearm from a variety of firearms vendors (after the customer agrees to a mutually satisfying cost) and have it shipped to Mac’s Gunsmiths for transfer to the customer.

(No transfer fees charged.)

General Information for NFA Firearms & Suppressors

National Firearms Act (NFA), Title II (Class III) items commonly available for purchase include select-fire machine guns (“full auto”) manufactured before 19 May 1986 (including certain parts for these firearms), short-barreled rifles and shotguns, suppressors (“silencers”) and any part comprising a suppressor, and a selection of firearms identified as Any Other Weapons (AOW). So-called “Destructive Devices” are also NFA items, but not commonly available to purchase. For more information on AOW firearms, please refer to the following link:

https://www.atf.gov/firearms/firearms-guides-importation-verification-firearms-national-firearms-actdefinitions-any

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 is all up to you to take the next step toward ownership. Please let us know how we may be of assistance!

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 onetime, $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 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 must 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).

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.

How old do you have to be to have an NFA Item? 

You must be 21 years old.

How does Mac’s Gunsmiths fit into this?

If you are a customer outside of Texas, we would have to send the NFA item to a FFL

dealer in your state. Your receiving dealer would then help you complete your Form 4 and transfer the

item to you. Depending on the item, it could take up to 2-3 months for your NFA item to get to your

dealer (we have to receive ATF approval to send the item from us to your local dealer via a Form 3).

Purchasing a National Firearms Act (NFA) firearm or suppressor online from

Mac’s Gunsmiths is really, very easy!

Barring certain federal, state, or local prohibitions, an individual who is at least 21 years of age

and currently able to purchase and possess any non-NFA firearm will also be eligible to purchase

an NFA firearm from an NFA dealer.

You only need to provide us with three things to complete an NFA item purchase online:

1. Payment: You will pay us for the firearm or suppressor in full at the time of purchase (there are no

layaway purchase plans for NFA items).

2. Your dealer's Federal Firearms License (FFL).

3. Your dealer's Special Occupational Tax License (SOT):

We must ship a NFA firearm or suppressor directly to your receiving FFL, so we require a copy of the

receiving dealer's FFL and a copy of their SOT. They can email, or physically mail these to us at:

Mailing Address:

Mac’s Gunsmiths

4710 Cadillac Blvd

Arlington TX 76016

E-mail Address: dlaughlin@macsgunsmiths.com

Prior to ordering from us, you can arrange transfer and shipment with your

receiving dealer. It is easy!

1. Find a licensed NFA FFL dealer in your area (also called a Class III Dealer). You can even use

the following BATFE FFL Finder tool to look at the dealers in your area.

2. Contact the dealer and let them know you would like to receive a NFA firearm or suppressor for

transfer from Mac’s Gunsmiths.

3. Be sure to ask about their transfer fee for your NFA item (typically $50-$100).

4. If you agree to their fee, arrange the transfer with your NFA dealer (we do not arrange the

transfer). They will let you know if you have to do anything specific for their shop

.

5. Provide your receiving dealer with our contact information so they can send us their FFL and

SOT (if they are not already on file with us). Be sure to have them reference your name and order

number when sending over their information.

6. Once you have selected an FFL for your transfer, please indicate the dealer's name on your order

so, we know where to ship your firearm or suppressor.

How to help the order process go smoother...

When choosing a Class III FFL dealer not already on file, please type the dealer's name

in the COMMENTS section of your order.

--VERY IMPORTANT--

Once the NFA firearm or suppressor is received by your Class III FFL, Please INSPECT THE

FIREARM/SUPPRESSOR THOROUGHLY to make sure that there are no defects.

If there are any problems whatsoever, DO NOT FILL OUT FORM 4!

· Notify us and we will gladly have the firearm or suppressor picked up and returned to us.

· Once you fill out the Form 4, the firearm or suppressor is considered used and must be returned directly to the manufacturer for warranty repair or replacement.

· Mac’s Gunsmiths will not accept any returned NFA firearms or suppressors for any reason, other than a manufacturer's defect.

Before processing a Class III order, we will always confirm it with you. If you decide to cancel

after the order has been confirmed, there will unfortunately be a 20% cancellation fee. This is

due to the paperwork involved in processing your Class III order.

There MAY be a 20% restocking fee on any returned NFA firearm or suppressor that is illegal

in your state, or if you are prohibited from owning a NFA item.

Due to this, please verify that the item is legal in your state before starting the order.

The information on this page is for reference purposes only and not intended to be used as legal advice.

Some states permit all types of NFA items, other states permit only certain types, and a few states do

not permit NFA firearms or suppressors at all.

For more detailed information, contact the local ATF office in your state or the ATF/NFA branch in

Martinsburg, West Virginia:

Phone: (304) 616-4500

Email: NFA@ATF.GOV

We have provided the following chart as a convenient reference for you to

help determine the legality of NFA items in your state of residence.

Please consult your receiving NFA dealer for the latest information

concerning NFA transfers in your state of residence.

(Left side of page)

This information is for reference purposes only and not intended to be used as a legal instrument. For more detailed information, contact the Bureau of Alcohol, Tobacco, Firearms and Explosives office in YOUR state, or the ATF/NFA Branch in Martinsburg, West Virginia: (304) 616-4500.