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Old 10-13-2003, 06:59 PM
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Arrow NFA legality and ownership info



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This is a consolidation of information, with some links and additional information.
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Unlike conventional firearms, each change of possession or ownership of a Title 2 weapon (silencer, machine gun, sawed-off shotgun, pengun, etc.) must be approved in advance by BATF. This includes not only the sale of such a weapon, but also the act of giving or loaning it to another person. Failure to comply can result in a $250,000 fine, 10 years in prison, or both. Although the weapon can be moved by its registered owner within the owner's state or residence, transportation across state lines requires prior BATF approval. These requirements were instituted by the National Firearms Act of 1934 and were incorporated into the Gun Control Act of 1968.

To the best of our knowledge, silencers are legal for private ownership in the following states: AL, AR, AK, AZ, CO, CT, FL, GA, ID, IN, KY, LA, ME, MD, MS, MT, 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.

As with any firearm, an individual owner must take possession through a licensed dealer in his state of residence. In the case of Title 2 weapons (silencers, machine guns, etc.), the dealer must be what is known as a class 3 dealer, meaning that he has paid an annual special occupational tax in conjunction with his firearms license to permit him to deal in Title 2 weapons without paying the individual $200 transfer tax on each weapon.

The $200 transfer tax is assessed each time a Title 2 weapon changes hands. The exceptions are to (or from) a governmental agency or a class 3 dealer. Interestingly, many class 3 dealers do not have a storefront and deal in these weapons as a sideline..

Each time a Title 2 weapon changes hands, the transfer must be approved in advance by the Bureau of Alcohol, Tobacco & Firearms. It normally takes 4-5 weeks for BATF to approve the transfer between dealers or to law enforcement agencies, and the transfer to individuals requires 3-4 months.

The procedure for obtaining one of our suppressors is to order (and pay for) the unit. The weapon should be ordered through your class 3 dealer. Although you may order direct, it must be delivered through your dealer. We then transfer the weapon to your class 3 dealer. Your dealer will then assist you in completing the necessary paperwork to transfer the weapon to you. This will include your submitting fingerprints and two passport size photos on your application. In addition, your local chief law enforcement officer (sheriff or chief of police) will need to sign the application. Along with your $200 transfer tax, the application is sent to BATF. When the application is approved (and not before), your dealer turns over possession to you.

Your dealer will charge a fee for handling of the weapon. We are not in the business of being a sales tax collector for states other than Idaho, but we do not encourage your avoidance of sales or use taxes.

If you are eligible to own any conventional firearm, you are also eligible to own a Title 2 weapon provided that there are no state laws prohibiting such ownership. This means basically that you must be free of all felony convictions and be over 21 years of age.

Your dealer can usually help you find a suitable law enforcement signature in the rare instance where your sheriff is personally anti-gun and refuses to sign your application. Your other option is to form a corporation, which does not require a law enforcement signature.

Federal law prohibits exportation of silencers except to governmental agencies with an End User Certificate.

Reprinted with permission from Gemtech Inc. Thanks to Dr. Phil Dater and Kelly at Gemtech

I hope this helps explain the NFA purchase process.

John McCaw
FFL/SOT2
--------------------------------------------------

If you live in one of the above 35 legal states, here is a basic description of the procedure.

1. Locate an item you wish to purchase
2. Purchase the item and begin paperwork
3. Take your two FBI fingerprint cards and fill them out
4. Attach your Passport Size photo's to the form.
5. Submit the completed forms to your Chief Law Enforcement Official for his/her signature
6. Send the signed forms and a $200 check or Money order to the ATFE.
7. When your forms come back approved... ENJOY!

The whole process shouldn't take more than 4 months. Dependind on your "examiner" it may take a little longer, OR if you are fortunate and have a good examiner, your wait might be shorter!

Here are some links that will be useful in your journey to NFA ownership!

www.subguns.com
www.titleII.com
www.gem-tech.com
www.subguns.com/laws/laws.htm

Sincerely,
GAU-2

Last edited by JEE; 10-24-2013 at 10:28 PM. Reason: add symbol
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Old 10-24-2003, 04:52 PM
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Here are two questions for which I can't find answers in either the US code or the BATF green book.

Can a person under 21 submit a Form 1 to build a suppressor? I know the form asks if the person is under 21, but I found no laws saying that someone under 21 cannot make his own registered suppressor.

Can an individual transfer a suppressor to someone under 21? It is clear that a SOT cannot do this, but I could find no restrictions on an individual-to-indivudual Form 4 intrastate transfer.

This is an academic exercise that has piqued my interest.
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Old 10-24-2003, 06:20 PM
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Thumbs down No.

Persons under 21 are prohibited from owning NFA items. They can shoot/use under the supervision of the licenced individual, but can't legally receive or own until they are 21.

Sincerely,
GAU-2
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Old 10-24-2003, 06:43 PM
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Link to map of legal states and dealers...

The dealer list is by no means complete, but will give you a place to start

http://www.advanced-armament.com/map.html

Sincerely,
GAU-2
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Old 10-26-2003, 04:14 PM
N Facol

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I have looked and looked through the Federal Firearms Regulations Reference Guide and can't find the code or regulation about being over 21 for NFA items in an individual-to-idnvidual transfer. Does anyone know where it can be found?
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Old 10-26-2003, 09:27 PM
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Lightbulb Look On The Back Of A Form 4 (Line D)

Answer any one of the questions NO and it won't fly. Also NFA Items are treated the same as handguns and one must be 21 years of age to purchase a handgun according to the Green Book.
The same applies in (Line D) on the back of a Form 1.

John
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Old 10-28-2003, 06:22 PM
N Facol

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The age 21 requirement applies to sales or transfers by licensees. A non-licensee may sell or transfer a handgun intrastate to a person under 21 but not under 18. Exceptions for under 18 are provided for purposes of employment, ranching, hunting, and a few other activities as provided for in 18 U.S.C. 922(x).

In my reading, the NFA laws are silent about intrastate transfers between non-licensees when the receiving person is between 18 and 21.

Another small, but interesting, item I noticed is Part 179, subsection 179.93. It says the Transferee's Certification is required when a licensee transfers a NFA firearm to a non-licensee. The implication is that the certification is not required on intrastate transfers between non-licensees.
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Old 10-28-2003, 11:01 PM
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Lightbulb Try It Out Yourself On Your Next Transfer

On line (D) of your next Form 4 or Form 1 just check that you are under the age of 21 and let us know how it goes. I'd forget about the certification also since it's such a new ruling.

John
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Old 10-29-2003, 01:30 PM
N Facol

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Well, I'd be lying if I marked it as "under 21." Perhaps we can cajole GAU-2 to try this.

The certification I refered to is the one in section 15 Trasferee's Certification (the "why I gots to have this gat" statement.) It has been around for a long time. I beleive you thought I was refering to the Certification of Compliance which is a recent requirement. The phone answerer at NFA Branch explained to me that it is required from all transferees who are not SOTs.
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Old 07-26-2004, 05:54 PM
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From the ATF web site... Bold emphasis added by me just to clarify a " fine point " distinction between moving silencers or AOW's and apparently ALL OTHER NFA firearms...

Moving Registered NFA
Firearms Interstate


Individuals other than qualified Federal firearms licensees must obtain permission from ATF prior to temporarily or permanently moving a machine-gun, short-barreled shotgun, short-barreled rifle, or destructive device interstate. To obtain permission to move these firearms, please submit to ATF either a letter requesting permission to move them or an ATF Form 5320.20, Application to Transport Interstate or Temporarily Export Certain NFA Firearms. This form is available at the ATF Internet website or may be obtained by contacting the NFA Branch. If you are submitting the request by letter, please include the:


• Name of registrant;
• The firearm(s);
• The current location of the firearm(s);
• The location to which the firearm(s) will be transported;
• The date(s) and means of transportation (car, plane, boat, etc.); and
• The reason the firearm is being moved.

Please also indicate in the letter whether: (1) the move is temporary or permanent; (2) the move will involve a transfer of the title; and (3) whether the possession of the firearm will violate local or State law at the destination. The ATF Form 5320.20 includes these requirements. Requests for interstate transportation will be denied by ATF if possession of the firearm at the destination will violate State or local law.

Registrants do not have to obtain permission from ATF to move a silencer or “any other weapon” interstate. However, if a registrant’s address for these types of firearms changes after registration with ATF, please notify the NFA Branch in writing of the new address, so the NFRTR can reflect the registrant’s correct address.
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Old 02-07-2016, 11:18 AM
Maine04657

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Quote:
Originally Posted by GAU-2 View Post
Persons under 21 are prohibited from owning NFA items. They can shoot/use under the supervision of the licenced individual, but can't legally receive or own until they are 21.

Sincerely,
GAU-2
This is false. I bought my first can from a friend when I was 18 person to person sale. Two weeks later I did my first form 1 ar15 SBR. You can not buy a nfa item form a FFL/ SOT at 18 but like handguns that is a federal law that covers the dealer. Private sales it is 100 percent legal.
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Old 02-07-2016, 11:21 AM
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If this is going to be a sticky a admin REALLY needs to clean this up. There is a ton of factually incorrect information in this thread.
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Old 06-03-2016, 05:29 PM
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Here is some more accurate information. Start with the ATF's Federal Firearms Regulations Reference Guide at https://www.atf.gov/file/11241/download

This way the next time some range Nazi says you are required to have a copy of your registration forms with you to use an NFA firearm or that you need permission to let someone use it, you can tell them to go jump in the lake.

The Gun Control Act of 1968 TITLE 18, UNITED STATE CODE, CHAPTER 44 contains definitions for things such as machine guns, silencers (or mufflers, anything intended to reduce muzzle noise including the parts) armor piercing ammo (it's only handgun ammo designed to pierce armor, not rifle ammo), SBR, SBS, DD, AOW's, rifle, shotgun, handgun, etc.

Quote:
Section 922 – Unlawful Acts tells us that it is illegal for an FFL to transfer;
(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;
There are no other age restrictions in the Code so This means a adult of <21 years of age can possess an NFA firearm by means of inheriting it tax free on an ATF form 5 or making/registering it on the ATF form 1.

An ATF FAQ, https://www.atf.gov/firearms/qa/how-...wn-nfa-firearm goes on to say;
Quote:
The NFA contains no minimum age in regard to the possession of NFA firearms. Regardless, Federal firearms law prohibits a licensed importer, manufacturer, dealer, or collector (i.e., licensees) from selling or delivering any firearm or ammunition to any individual that the Federal licensee knows or has reasonable cause to believe is less than 18 years of age. Federal firearms law further provides that a licensee shall not sell or deliver any firearm or ammunition that is other than a shotgun or rifle or ammunition for a shotgun or rifle to any individual that the Federal licensee knows or has reasonable cause to believe is less than 21 years of age.
Loaning an NFA firearm to someone to use is legal, as long as the registered owner is present or the firearm is under their control.

Several states such as Iowa (allows possession and use), Minnesota (now allows civilian use/possession/hunting and eases restriction on police use) and Vermont(civilian use at ranges only) recently amended their laws.

Currently an individual is required to obtain the CLEO signature and send their photos and fingerprints in along with the application. Trustees and Corps are only required to send in a copy of their trust / corporate paperwork and schedule of NFA property.

In July 2016 the regulations will change. The CLEO signature will be eliminated and replaced by a new form called 5320.23 shown here at, https://www.atf.gov/rules-and-regula...naire/download

While this is great news for individuals who have had difficulty obtaining the CLEO signature, most trustees are griping (me included) because they now have to obtain photos and fingerprints to send in along with the new form. A copy of the new form is sent in to the CLEO instead of asking (or begging) for a signature.

Randy
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Old 08-29-2016, 09:53 AM
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question.

I have been offered an old (korean war era) rimfire firearm. It has a built in suppressor. The current owner inherited it from his father (korean war vet). It has never been registered - in other words it is illegal as of now. I would like to purchase this and make it legal. How can i do this without violating laws or getting the current owner into trouble? Is this possible? I am in Colorado.
TIA
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Old 10-12-2016, 03:37 PM
Maine04657

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Quote:
Originally Posted by jcricket View Post
question.

I have been offered an old (korean war era) rimfire firearm. It has a built in suppressor. The current owner inherited it from his father (korean war vet). It has never been registered - in other words it is illegal as of now. I would like to purchase this and make it legal. How can i do this without violating laws or getting the current owner into trouble? Is this possible? I am in Colorado.
TIA
You can not. Him having it is a FELONY. You buying it is also a FELONY..
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