NFA Myths!!

[MCASgt New River 10,036]

1. Machines guns and suppressors are illegal.

While your state of residence may not allow the possession of such weapons, they are not unlawful under federal law. NFA 1934 makes the transfer of such weapons taxable, and created a registry of such weapons. No machine guns made after May 1986 can be entered in the registry creating a de facto ban on the production of new machine guns for civilians. This de facto ban does not apply to other NFA items.

 

2. You need a license to buy an NFA item.

No License is required. What you need to do is pay a tax on the transfer of each item in your possession. The tax is currently $200 for machine guns, suppressors, short-barreled rifles/shotguns, and destructive devices. The transfer tax for Any Other Weapon is $5.

 

Some states may have permiting or licensing requirements that have to be met prior to the purchase of NFA items, but there is no Federal "Class 3" license. That term is usually used to refer to a Class 1 FFL who has paid the SOT (Special Occupation Tax) fee to allow them to deal in Title II weapons and devices (NFA).

 

3. I have to pay the NFA tax every year.

Another common myth; the transfer tax is paid once per transfer of the weapon, whether you own it for 10 days or 10 years.

 

4. Owning an NFA item means agreeing to give up your 4th amendment protections.

This is an oft repeated myth. No one can search your home (or whatever location you used for your ATF tax form) without your permission or a warrant just because you own NFA items.

 

5. If I buy an NFA item I'll have to buy a safe to store it in.

While you are required to maintain control of your NFA items at all times (and a safe to which only you have access goes a long way to meeting this requirement), there is no law that requires you to buy a safe to store your NFA items.

 

6. No one else is allowed to use my NFA weapons

As long as you are maintaining control (which means you don't leave the NFA items in the sole care of someone other than yourself) your friends and family are welcome to use them, as long as you are physically present.

 

7. All sales must go through a dealer.

Intrastates sales can be completed on a Form 4 without involving a dealer, Interstate sales require an FFL to FFL transfer. I phrase it that way because the purchase of C&R NFA items from an out-of-state dealer or individual can be done without involving a dealer in your state, if you are the holder of an 03 FFL (Curious & Relics). In this sitiuation no SOT is required to be involved on either side of the transaction.

 

8. Configuration of the NFA item may not be changed.

If your NFA item has interchangeable parts (stock, barrel, etc.) it is perfectly lawful to modify that configuration. Permanent changes should be reported back to the Registry, but temporary modification, such as changing the upper on your M-16 or AR-15 SBR are competely legit.

 

My favorite.......

 

9. Costs?

Completely afforadable.

 

Respectfully,

MCASSgt New River

(10 Stamps and counting!)

[bigcec1 72]

Great post I hear the myths all the time with you need a license and the government can just come into your house any time they want if you buy one of them evil NFA items. I just say ok then because they usualy know more than I or. most gun owners do any way right ? should make this into a flash card and hand it out when I hear that crap.

[beefcakeb99 572]

1. Machines guns and suppressors are illegal.

While your state of residence may not allow the possession of such weapons, they are not unlawful under federal law. NFA 1934 makes the transfer of such weapons taxable, and created a registry of such weapons. No machine guns made after May 1986 can be entered in the registry creating a de facto ban on the production of new machine guns for civilians. This de facto ban does not apply to other NFA items.

 

2. You need a license to buy an NFA item.

No License is required. What you need to do is pay a tax on the transfer of each item in your possession. The tax is currently $200 for machine guns, suppressors, short-barreled rifles/shotguns, and destructive devices. The transfer tax for Any Other Weapon is $5.

 

Some states may have permiting or licensing requirements that have to be met prior to the purchase of NFA items, but there is no Federal "Class 3" license. That term is usually used to refer to a Class 1 FFL who has paid the SOT (Special Occupation Tax) fee to allow them to deal in Title II weapons and devices (NFA).

 

3. I have to pay the NFA tax every year.

Another common myth; the transfer tax is paid once per transfer of the weapon, whether you own it for 10 days or 10 years.

 

4. Owning an NFA item means agreeing to give up your 4th amendment protections.

This is an oft repeated myth. No one can search your home (or whatever location you used for your ATF tax form) without your permission or a warrant just because you own NFA items.

 

5. If I buy an NFA item I'll have to buy a safe to store it in.

While you are required to maintain control of your NFA items at all times (and a safe to which only you have access goes a long way to meeting this requirement), there is no law that requires you to buy a safe to store your NFA items.

 

6. No one else is allowed to use my NFA weapons

As long as you are maintaining control (which means you don't leave the NFA items in the sole care of someone other than yourself) your friends and family are welcome to use them, as long as you are physically present.

 

7. All sales must go through a dealer.

Intrastates sales can be completed on a Form 4 without involving a dealer, Interstate sales require an FFL to FFL transfer. I phrase it that way because the purchase of C&R NFA items from an out-of-state dealer or individual can be done without involving a dealer in your state, if you are the holder of an 03 FFL (Curious & Relics). In this sitiuation no SOT is required to be involved on either side of the transaction.

 

8. Configuration of the NFA item may not be changed.

If your NFA item has interchangeable parts (stock, barrel, etc.) it is perfectly lawful to modify that configuration. Permanent changes should be reported back to the Registry, but temporary modification, such as changing the upper on your M-16 or AR-15 SBR are competely legit.

 

My favorite.......

 

9. Costs?

Completely afforadable.

 

Respectfully,

MCASSgt New River

(10 Stamps and counting!)

I move that we be able to +1 a Super Moderator, because you sir deserve it. +1

[David Mark 2,452]

Excellent post!!!

 

 

But damn your eyes for getting me to think even harder about spending MORE money.

[Sumsky 115]

Great thread! You dont know how many times I have heard people even Police Officers blabbing these NFA myths.

[Eric Pate 478]

Great post. Good for the NFA newbs.

[308SAIGA 55]

First great job on this post, is it a sticky?

 

Can I ask about #7 please? I was under the impression that all NFA items regardless of C&R status has to go through one type of form or another, because it is NFA and requires a stamp.

 

I am not sure this is why I am asking.... Thanks....

[rjrivero 50]

First great job on this post, is it a sticky?

 

Can I ask about #7 please? I was under the impression that all NFA items regardless of C&R status has to go through one type of form or another, because it is NFA and requires a stamp.

 

I am not sure this is why I am asking.... Thanks....

My understanding:

A C&R Suppressor still needs a Form 4 transfer, however you don't need to transfer it from a Class 3/SOT dealer. It can be done directly to anyone with a C&R FFL. Therefore it can come across state lines without going to a Class 3/SOT first.

[sunnybean 939]

Isn't this the exactly the same as the "Top NFA Myths" thread that has been posted and stuck on arf.com for years?

[MCASgt New River 10,036]

Isn't this the exactly the same as the "Top NFA Myths" thread that has been posted and stuck on arf.com for years?

 

 

I was using my google'fu to search info/laws on NFA topics so it might be.

[TO THE FLOOR IN A 63 121]

Good information. ...and someone fed me number 4 yesterday but I still plan to use my business address.

[dowork1021 64]

I have a question about the machine gun part. How do they build full auto Saiga 12's then? For LE use or what? Businesses put up vids of these full auto S-12's like Tac-47, AA, MDarms and how do they go about building these if they are made after 1986?.....Sorry ive always wondered.

 

 

[BobAsh 582]

I have a question about the machine gun part. How do they build full auto Saiga 12's then? For LE use or what? Businesses put up vids of these full auto S-12's like Tac-47, AA, MDarms and how do they go about building these if they are made after 1986?.....Sorry ive always wondered.

 

Class 2 SOT's (like Tromix) can build new machineguns tax-free. They're called "Post-samples".

 

These weapons are not transferrable to private citizens however.

[mike12345 18]

Just an FYI for new guys.

 

An out of state sale is $400 in taxes. It has to form4 to a dealer then form4 to the individual.

 

Make sure you want it, a lot of the lower value items may not be worth selling.

Edited April 22, 2011 by mike123456

[TonyRumore 1,332]

Just an FYI for new guys.

 

An out of state sale is $400 in taxes. It has to form4 to a dealer then form4 to the individual.

 

Make sure you want it, a lot of the lower value items may not be worth selling.

 

Like a suppressor.

[zakmatthews 14]

Just an FYI for new guys.

 

An out of state sale is $400 in taxes. It has to form4 to a dealer then form4 to the individual.

 

Make sure you want it, a lot of the lower value items may not be worth selling.

 

Above is kinda correct, depending on where the NFA item started and the original selling party . . . .

 

Condition #1: out of state individual to out of state dealer ($200), then out of state dealer to your in-state dealer ($0), then your in-state dealer to you ($200) = $400

 

Condition #2: out of state dealer to your in-state dealer ($0), then your in-state dealer to you ($200) = $200

 

(For example, I just bought a lightly used TMSA suppressor from an in-state NFA dealer for $100 + $200 in taxes and no transfer fee! Shopping around can bring up some good deals if you're patient and do your homework.)

Edited April 22, 2011 by zakmatthews

[sunnybean 939]

Just an FYI for new guys.

 

An out of state sale is $400 in taxes. It has to form4 to a dealer then form4 to the individual.

 

Make sure you want it, a lot of the lower value items may not be worth selling.

 

Above is kinda correct, depending on where the NFA item started and the original selling party . . . .

 

Condition #1: out of state individual to out of state dealer ($200), then out of state dealer to your in-state dealer ($0), then your in-state dealer to you ($200) = $400

 

Condition #2: out of state dealer to your in-state dealer ($0), then your in-state dealer to you ($200) = $200

 

(For example, I just bought a lightly used TMSA suppressor from an in-state NFA dealer for $100 + $200 in taxes and no transfer fee! Shopping around can bring up some good deals if you're patient and do your homework.)

 

Your Condition #1 has an extra/unessesary step in there. Mike123456 is right. It can go like this, out of state individual to your in-state dealer ($200), then your in-state dealer to you ($200). This would free up the time needed for the F3 (dealer to dealer) to get approval. Still, $400 in overall taxes.