National Firearms Act Introduction

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LTT_Brian
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National Firearms Act Introduction

Post by LTT_Brian » Tue May 03, 2016 1:33 am

The National Firearms Act of 1934 (Title II Firearms)

-Introduction-

What are NFA Firearms? Current law, under the Gun Control Act of 1968, regulates firearms under two different titles. Title 1 Firearms, are the firearms you can go into a gun store, purchase and walk out with. (After completing a Form 4473 and passing a background check.) These are the majority of firearms in circulation (rifles, shotguns, handguns). Title II is a revision of the National Firearms Act of 1934. These firearms are commonly referred to as “Class 3 firearms.” The correct designation is Title II or NFA firearms. Title II weapons are divided into the following groups:
  • Machine Guns – Any 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.

    Short-Barreled Rifles (SBRs) - A rifle having one or more barrels less than sixteen inches (16”) in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches (26”).

    Short-Barreled Shotguns (SBS) - Having one or more barrels less than eighteen (18”) inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than twenty-six inches (26”).

    Suppressors - For silencing, muffling, or diminishing the report of a portable firearm; Including any combination of parts, designed or redesigned, and intended for the use in assembling or fabricating a firearm silencer or firearm muffler; And any part intended only for use in such assembly or fabrication.

    Destructive Devices -
    • Any explosive, incendiary, or poison gas bomb, grenade, rocket having a propellant charge of more than four ounces, a missile having an explosive or incendiary charge of more than one-quarter ounce, a mine, or similar device.
    • Any type of weapon which will expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes. (Street Sweeper, Stryker 12 and USAS 12 determined to be DDs in 1990s).
    • Any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled.
    Any other Weapon (AOW) -
    • Any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, e.g. pen guns, cane guns, knife guns, belly busters.
    • A wallet gun is a firearm concealed in a wallet and capable of being fired from within the wallet.
    • A pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, e.g. H&R Handy Gun.
    • Weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire., e.g. Marble Game Getter with less than 18” barrel.
    • Pistols with a second vertical hand grip have been classified by ATF as AOWs.
    • It does not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.
These weapons are regulated much more than Title I firearms. A $200 ($5 dollars for AOWs) tax is imposed per item (more on that later) and they are registered by the BATFE in the National Firearms Registration and Transfer Record (NFRTR). However, despite the high regulations imposed on these firearms, they are LEGAL to own under federal law (including machine guns).
Brian
Owner / Manager
LTT Firearms
Lightning Tactical & Training LLC
http://www.lttfirearms.com

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LTT_Brian
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Purchasing an NFA Firearm (Individual)

Post by LTT_Brian » Wed May 04, 2016 12:33 am

The National Firearms Act of 1934 (Title II Firearms)

-Purchasing an NFA Firearm (Individual)-

This is a general outline of how to purchase an NFA firearm from a FFL dealer that has a SOT (known as a Class 3 dealer). This process is the current process; it will be changing on July 2nd 2016 as a result of ruling 41P (more on that later).

Step 1. Once you find the NFA firearm you want to purchase, most likely you will pay the dealer for the item. You then will fill out ATF Form 4 (Application for Tax Paid Transfer and Registration of Firearm). The dealer will most likely make a copy and file.

Step 2. You need to get all the required items to submit. Two sets of fingerprints, on BLUE fingerprint cards. You will need two passport style photos. You also need to take your Form 4 to your Chief Law Enforcement Officer (CLEO) for their signature. This could be the Chief of your local police department or the Sheriff, depending on where you live. After you have the CLEO sign off, the fingerprints, and the photos you need to get your payment to send to the ATF for the transfer tax. The tax is 200 dollars for all NFA items except AOWs, which are 5 dollars.

Step 3. Return to your dealer will everything from step 3. They should review everything for you and make another copy to update their files. If everything is correct you will now mail it off to the ATF’s NFA branch.

Step 4. Once your Form 4 returns approved you can take it to your dealer to complete your transfer. You will have to fill out a Form 4473 just like any other firearm purchase. The dealer should make a copy of the approved Form 4 to keep with their records. You will now be able to take possession of your NFA Firearm. Keep the original paperwork and tax stamp safe. It is your proof that you are legally possession of the NFA item.
Brian
Owner / Manager
LTT Firearms
Lightning Tactical & Training LLC
http://www.lttfirearms.com

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