Legal Requirements to Own: Machineguns, Silencers, & Short Barrel Shotguns

Machineguns, Silencers, Short-barrel Shotguns, & other items controlled by the National Firearms Act ("NFA items") are COMPLETELY LEGAL to own according to Federal law (check "State NFA Restrictions" above).  The following rules apply.

• NFA Application Process: Any "person" with a clean record can purchase a silencer, short-barrel shotgun, pre-1986 fully automatic machinegun, or other "NFA Item". The term “person” means a partnership, company, association, trust, estate, or corporation, as well as a natural person. To apply, you must submit the following items:

1.  ATF Form 4 "Application for Tax Paid Transfer and Registration of Firearm" (in duplicate), with:
    a. Passport photo attached to the back of the Form 4 (You can get passport photos at almost any drugstore
        for around $10.00).
    b. The signature of your local Chief Law Enforcement Officer (CLEO) to indicate that he has:
          •• "no information indicating that the transferee will use the firearm or device described
                on this application for other than lawful purposes", and:
          •• "no information that the receipt or possession of the firearm or device...would place
                the transferee in violation of State or local law".

          NOTE: The instructions on the Form 4 say that a "CLEO" signature can be from:
              ••• the Chief of Police for the transferee's city or town of residence
              ••• the Sheriff for the transferee's county of residence
              ••• the Head of the State Police for the transferee's State of residence
              ••• a State or local district attorney or prosecutor having jurisdiction in the transferee's
              area of residence
              ••• or another person whose certification is acceptable to the Director, Bureau of Alcohol,
              Tobacco, Firearms and Explosives

          NOTE ALSO: the "CLEO" signature & passport photos are NOT required if you are purchasing the NFA item as a partnership, company, association, trust, estate, or corporation, although you still have to submit the Form 4 (see below on how to incorporate easily).

    – – Contact us for assistance (Toll Free: 8888 WEAPON) if you are having difficulty obtaining the
           "CLEO" signature, or if you don't know who to contact.

2.  $200 ($5 for AOW) check (Federal Transfer and Registration tax -- one time fee).

3.  For transfers to individuals (that are not FFLs/SOTs): Fingerprint Cards (two) -- ATF / FBI FD-258LE Fingerprint Cards. 
    – – Your local police department or sheriff department will usually perform the fingerprinting for you
           for a nominal fee, like $5.00 to $10.00.

          NOTE: Fingerprint Cards are NOT required if you are purchasing the NFA item as a partnership, company, association, trust, estate, or corporation.

4.  For transfers to entities other than individuals (i.e. partnership, company, association, trust, estate, or corporation): Articles of Incorporation or other documentation establishing the entity and the authority of the person signing the form on the entity's behalf.

• OBTAINING THE FORMS:  We can mail the required forms to you, or you can pick them up at our store (ATF Form 4, and fingerprint cards). The ATF Form 4 can be downloaded online from the ATFE, or go online to request the ATFE mail the forms (including fingerprint cards) to you.

•  HOW TO INCORPORATE: If you choose to purchase an NFA item as a company rather than as an individual, then a "Limited Liability Company" (LLC) is probably the easiest way to go. To become an LLC, you will need:
 – A State LLC "Certificate of Formation". The Texas filing fee is $300. You can quickly file online for a Texas Certificate of Formation at: http://www.sos.state.tx.us/corp/sosda/index.shtml and:
 – A Federal "Employer Identification Number" (EIN), regardless of whether you actually employ anyone or not. The EIN is free, and can be obtained instantly online at: http://www.irs.gov and:
 – A State "Sales and Use Tax Permit". In Texas, these are free, and can be obtained online at: http://www.cpa.state.tx.us/

•  PAYMENT FOR NFA ITEMS: Online payment will be accepted for NFA controlled items so that the item can be either:
  (1) Held for the customer (at our store) until the customer has submitted to us:
    – – Two completed ATF Forms 4 "Application for Registration and Transfer of a Firearm" with CLEO signoff and passport photo attached to each form.
    – – Two completed Fingerprint Cards (ATF / FBI FD-258LE).
    – – $200 ($5 for AOW) Transfer and Registration Tax, payable to "ATF" (personal check or money order).
    – – NOTE: After the transfer has been approved by the ATFE (which usually takes 3 to 4 months after we forward the above documents to the ATFE), we will call the customer to come to our store to take possession of the NFA item.
    or:
  (2) Shipped to another NFA dealer in the customer's home town, or home state (customer takes delivery of the item directly from that dealer)
    – – NOTE: It will take about 3 or 4 weeks for the ATFE to approve the "NFA Dealer-to-NFA Dealer" transfer.
    – – If the customer is not a Texas resident, and/or he will not personally take delivery of the item at our store, then he should NOT submit NFA paperwork to us. Instead, the customer will need to submit the NFA paperwork, listed above, and funds for the Transfer Tax directly to the receiving NFA dealer. ATFE approval for the customer usually takes 3 to 4 months, after the customer submits the paperwork to the receiving NFA dealer.

• Who can own an NFA item?
If you are eligible to own any conventional firearm (rifle, shotgun, handgun), then you are also eligible to own an NFA item (silencer, machinegun, short rifle, short shotgun, AOW, etc.), provided that there are no state laws prohibiting such ownership. A partnership, company, association, trust, estate, or corporation can also own NFA items.
 – 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, silencers maybe owned by Class 3 dealers and Class 2 manufacturers (but not individuals) in: CA, IA, KS, MA, MO, and MI. For state restrictions on ALL types of NFA items, click on the link above ("State NFA Restrictions"). For the latest state law information in print from the ATF, refer to the 2005 edition of the Bureau of Alcohol Tobacco Firearms and Explosives' Publication 5300.5 - "State Laws and Published Ordinances - Firearms (2005 - 26th Edition)", which is available in an online version at: http://www.atf.treas.gov/firearms/statelaws/26thedition/index.htm
 – The back of the ATF Form 4 gives questions which define all the Federal requirements for ownership of all NFA items. To be eligible, you must be able to answer NO to each of the following questions.
    – – Are you:
    a. Charged by information or under indictment in any court for a crime punishable by imprisonment for a term exceeding one year?
    b. A fugitive from justice?
    c. An alien who is illegally or unlawfully in the United States?
    d. Under 21 years of age?
    e. An unlawful user of or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or other controlled substance?
    f. Subject to a court order restraining you from harassing, stalking or threatening an intimate partner or child of such partner?
    – – Have you:
    a. Been convicted in any court of a crime for which the judge could have imprisoned you for more than one year, even if the judge actually gave you a shorter sentence?
    b. Been discharged from the armed forces under dishonorable conditions?
    c. Been adjudicated mentally defective or been committed to a mental institution?
    d. Renounced your United States citizenship?
    e. Been convicted in any court of a misdemeanor crime of domestic violence? This includes any misdemeanor conviction by a current or former spouse, parent, or guardian of the victim, or by a person with a similar relationship with the victim.

• We will sell NFA Items, conventional firearms, ammunition, and other restricted merchandise ONLY to qualified purchasers in accordance with Local, State, and Federal laws, including the National Firearms Act (NFA) of 1934, the Gun Control Act of 1968, the Firearm Owners' Protection Act of 1986, the Brady Bill of 1993, and all other laws and published rules of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATFE).

• Common reasons to own an NFA item:
 – Silencers:
    – – To protect your own hearing when target shooting / sport shooting.
    – – To be a good neighbor / i.e. to avoid annoying or startling your neighbors with loud noise when target shooting / sport shooting.
    – – Gun Collection (this is a good "reason" to put on the ATF Form 4).
 – Other NFA Items (machineguns, short rifles, short shotguns, AOWs, etc.):
    – – Historical interest.
    – – Hobby / recreation.
    – – Gun Collection (this is a good "reason" to put on the ATF Form 4).

• Definitions:
The National Firearms Act of 1934 (NFA) regulates the sale and ownership of NFA Items such as:
    – – Silencers / suppressors: Any device designed to reduce the discharge sound of a firearm.
    – – Machineguns: Any firearm that discharges 2 or more rounds with a single pull of the trigger.
    – – Short-Barrel Rifles (SBR): A shoulder fired, rifled bore firearm with a barrel length of less than 16" or an overall length of less than 26". In measuring barrel length you do it from the closed breech to the muzzle. To measure overall length, do so along "the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore." On a folding stock weapon you measure with the stock extended, provided the stock is not readily detachable, and the weapon is meant to be fired from the shoulder.
    – – Short-Barrel Shotguns (SBS): A shoulder fired, smooth bore firearm with a barrel of less than 18" or an overall length of less than 26".
    – – "Any Other Weapon" (AOW): Devices that are:
          •• "Gagdet guns" that are not defined as "pistols" or "revolvers" and can be disguised or easily hidden, such as pen guns, cane guns, etc.
          •• Short-barrel shotguns designed with a "Pistol Grip": i.e. barrel less than 18", and the gun was not designed with a shoulder stock and has never had a shoulder stock installed.
          •• "Combination" shoulder-fired guns with both rifled and smooth barrels between 12" and 18" long, and which has to be manually reloaded. Examples of this include the H&R Handy-Gun, or Ithaca Auto-Burglar gun.
          •• Handguns with more than one hand grip at an angle to the bore (excluding machineguns).
          •• "Wallet" holsters for small guns, from which the gun can be fired, and which disguise the outline of the gun.
    – – "Destructive Devices" (DD): Weapons that are defined as:
          •• Firearms over .50 caliber bore diameter (excluding "Antique" pre-1898 weapons & replicas thereof, and excluding any muzzle-loading weapon). Generally a large bore device for which no anti-personnel ammo has ever been made will NOT be a DD. This used to be true of the 37mm guns. However, according to ATF, some folks have started making anti-personnel rounds for these guns, and ATF has ruled that possession of a 37mm launcher and a bean bag or rubber shot or similar round is possession of a DD, and at that point the launcher needs to be registered.
          •• Explosive, Incendiary or Poison Gas bombs, grenades, rockets, missles, mines, or similar device designed as Weapons (excludes signaling devices, pyrotechnics / fireworks, and line throwing, safety or similar device).

Click here for detailed information on the National Firearms Act