There seems to be alot of confusion and debate about NFA stuff in the state of Massachusetts. I've tried to cover most of the basics. Please send suggestions for common NFA questions so I can include them here.
Massachusetts NFA FAQ
This FAQ is written with a Massachusetts view of the world. Some things written here are either different, or just plain wrong, for other states. As with all internet advice, your milage may vary.
This FAQ is not complete. There are transfer situations that I don't cover, including the proper use of a Form 5, and getting NFA items repaired. If there is demand, I will add that info.
Is owning a NFA item right for me?
First, some of my personal opinion... I know a lot of you see pictures of various NFA items here and other places online, and start drooling. And while I appreciate your desire to jump in with both feet, you need to think first.
If you choose to own NFA, you will need to become a much more savvy owner of firearms. You will need to have a pretty full understanding of the Federal system that governs your toys, and how to work within that system. That includes traveling out of state with your items. You will need to be willing to spend the time dealing with your local PD to get a sign off, or with a lawyer to setup a Trust. You will have to deal with the Fudds at your club telling you how your short AR is illegal. You will need to have your affairs set up in such a way that your heirs are able to inherit your collection with minimal hassle. You will need to learn patience, as it can take 6 months for a form to come back...
There is more to owning a SBR then just an approved Form 1!
Trusts, LLCs or "How to bypass your CLEO"
The law allows Corporations and Trusts to own firearms and NFA items. If you live in a location where the Chief Law Enforcement Officer will not sign off on your forms, this is a way around it. There are other benefits to this route, as you also bypass the need for fingerprint cards and photos. In the past, transfers to non-individuals were faster, in some cases much faster. Recently, ATF has been scrutinizing transfers to Trusts and other entities, and they may actually take longer then transfers to individuals.
Using a Trust or LLC to obtain a machine gun does not eliminate the need for a Green Card. In general, if you have a Green Card, your CLEO will sign-off on your forms without hassle. As soon as your Trust or LLC owns any firearms, all the trustees of a trust or principals of a LLC, must have the correct licenses to possess them, as in theory any of them can then posses the firearms.
There are those who argue as to whether or not the Trust/LLC route is better or worse than an individual owning the item. Those questions are really up to each specific situation, and will effect your estate planning. If you go this route, consult a qualified lawyer before filing any paperwork.
How do I make my own NFA item?, or The NFA Form 1 Process
A Form 1 is used by anyone who wishes to make and register a NFA item. You can start with a lump of metal, or an existing gun, either way, you need to have an approved Form 1 before you assemble your NFA item. Be careful here. Simply owning all the pieces of a NFA item is considered "constructive possession" and is almost certainly illegal, depending on your specific situation.
You can request a Form 1 packet from the ATF online at http://www.atf.gov/dcof/index.htm. It includes all the forms you'll need. A PDF version of the form is also available from titleii.com. Make sure that if you print your own forms, that they are double sided. ATF will reject the forms if both sides aren't on one piece of paper.
A complete Form 1 application will include:
Two copies of the Form 1
Two passport sized photos
Two NFA Branch supplied fingerprint cards
One Certification of Compliance with 18 USC 922(g)(5)(B)
One check for $200 made payable to BATFE
If you're applying as a Trust or LLC, you will need to include a notarized copy of your Declaration of Trust and Schedule A, or a copy of your articles of incorporation. You will need to complete the front of the Form 1 and answer all questions regarding suitability and reasonable need. Depending on the version of the form you're using, these questions may be on the second page.
The Form 1s should be completed and have been signed off by your CLEO. The photos do not need to be affixed to the forms, but if you do this, make sure they are on there good. The fingerprint cards from NFA Branch have specific ORI information and must be used for your Form 1 application. The Certification of Compliance often confuses people. Your self-certifing that you are a US citizen or are otherwise qualified to possess firearms in the US. If you where born in the US, put your name in fields 1 and 2, and "United States of America" in field 3.
Once you mail off your application, get ready for a long wait. When your form comes back, make sure you keep it in a safe place. Most owners keep a copy of the form with the item. The law requires that you produce the original only for an ATF agent. You must mark your new creation with your name and location. See 27 CFR 479.102 for the specific requirements. The gist of it, 1/16 tall characters, .003 inches deep. If you made your NFA item from a previously unregistered receiver, a FA-10 will have to be mailed off to the CHSB. If you made an existing gun into an NFA item, you don't have to file a FA-10, assuming one was filed in the past. If you did your Form 1 as a Trust or LLC, the FA-10 form will reflect your personal information.
How do I buy an existing NFA item? or The NFA Form 4 Process
A Form 4 is used for tax-paid transfer and registration of a NFA item. This is the form used when you buy an existing NFA item. As with lots of ATF things, the NFA item must already be possessed by an entity (dealer or another individual) in the same state that you're a resident of. If the item you want is in another state, it will first have to be transfered to a dealer in your home state. In general if you're buying from a dealer, they will do as much of the paperwork as they can before giving it to the buyer for CLEO sign-off, etc.
You can obtain a Form 4 packet from http://www.atf.gov/dcof/index.htm. A PDF version is available from titleii.com. Make sure that if you print your own forms, that they are double sided. ATF will reject the forms if both sides aren't on one piece of paper.
A complete Form 4 application will include:
Two copies of the Form 4
Two passport sized photos
Two NFA Branch supplied fingerprint cards
One Certification of Compliance with 18 USC 922(g)(5)(B)
One check for $200 (or $5 if the item is an AOW) made payable to the BATFE
If you're buying a Machine Gun, make sure you include a copy of your Green Card!
If you're applying as a Trust or LLC, you will need to include a notarized copy of your Declaration of Trust and Schedule A, or a copy of your articles of incorporation. You will need to complete the front of the Form 4 and answer all questions regarding suitability and reasonable need on the second page.
Both copies of the Form 4 should be completed and have been signed off by your CLEO. The photos do not need to be affixed to the forms, but if you do this, make sure they are on there good. The fingerprint cards from NFA Branch have specific ORI information and must be used for your Form 4 application. The Certification of Compliance often confuses people. Your self-certifing that you are a US citizen or are otherwise qualified to possess firearms in the US. If you where born in the US, put your name in fields 1 and 2, and "United States of America" in field 3.
Once you mail off your application, get ready for a long wait. The approved forms will be mailed back to the seller of the item. Make sure the seller has a way to get in contact with you when the form comes back. Once the form is approved, you're the legal owner and the law allows up to 30 days for the physical transfer to take place. Make sure you keep your form in a safe place. Most owners keep a copy of the form with the item. The law requires that you produce the original only for an ATF agent. If you're buying from a dealer, you will need to complete a 4473 just like you're buying a normal gun, except no NICS check will be done. This is true if you're buying as an individual or a Trust/LLC. The dealer will file a FA-10 for your new purchase. If you're doing a face-to-face NFA transfer, the seller is responsible for filing the FA-10. If you completed your transfer as a Trust or LLC, the FA-10 will reflect your personal information.
Does owning NFA items effect my 4th Amendment rights?
No! This is a common misconception. Owning NFA items in no way effects your rights. FFLs are subject to inspections by ATF as outlined in 18 USC 923(g)(B) and their local licensing authority as outlined in 140 MGL 123. The text of the 4th Amendment can be found here.
Are there special considerations when traveling/moving with your NFA items?
Interstate travel is addressed in 18 USC 922(a)(4). In general, an approved Form 5320.20 is required anytime you take your NFA items out of your home state. Form 5320.20 is available online from http://www.atf.gov/dcof/index.htm and titleii.com. Unlike most other NFA forms, you can fax in your 5320.20 for approval.
This does not apply to AOWs or Silencers. It also doesn't apply to C&R eligible NFA items if you have a C&R FFL. In any case, the item must be legal to possess in the state you are traveling to. If you send in a 5320.20 to take a banned item into a state, it will be denied. In the same vein, if you own a C&R Machine Gun and have a C&R license, it would still be illegal to take your gun into Rhode Island. Temporarily reconfiguring your NFA item to no longer meet the definition of a NFA item does not relive you from the requirements to notify the ATF of your travel with the item.
If you're moving, and are staying in the same state, you are not required to notify the ATF that you've moved, but it's not a bad idea. If you're moving out of state, you must complete a Form 5320.20 and indicate that the move is permanent. You should then keep the approved 5320.20 with your tax document. Just like traveling, make sure your move is legal. If your move isn't legal, your 5320.20 will be denied.
Can I "Unregister" my NFA item?
You can effectively "unregister" your NFA item by restoring it back to its original configuration, or by removing its "evil" feature and writing a letter to the NFA Branch. You will not get back your tax. Even after you go through the process, your gun will forever be in the NFRTR (National Firearms Registration and Transfer Record), but will no longer be regulated by the NFA. Your letter needs to state the Make, Model and Serial # of the item. It also needs to state what you did to make the firearm no longer be regulated by the NFA, for example, your AR-15 now has a 16" barrel. Expect a response to your letter 90+ days after sending it.
Massachusetts NFA FAQ
This FAQ is written with a Massachusetts view of the world. Some things written here are either different, or just plain wrong, for other states. As with all internet advice, your milage may vary.
This FAQ is not complete. There are transfer situations that I don't cover, including the proper use of a Form 5, and getting NFA items repaired. If there is demand, I will add that info.
Is owning a NFA item right for me?
First, some of my personal opinion... I know a lot of you see pictures of various NFA items here and other places online, and start drooling. And while I appreciate your desire to jump in with both feet, you need to think first.
If you choose to own NFA, you will need to become a much more savvy owner of firearms. You will need to have a pretty full understanding of the Federal system that governs your toys, and how to work within that system. That includes traveling out of state with your items. You will need to be willing to spend the time dealing with your local PD to get a sign off, or with a lawyer to setup a Trust. You will have to deal with the Fudds at your club telling you how your short AR is illegal. You will need to have your affairs set up in such a way that your heirs are able to inherit your collection with minimal hassle. You will need to learn patience, as it can take 6 months for a form to come back...
There is more to owning a SBR then just an approved Form 1!
Trusts, LLCs or "How to bypass your CLEO"
The law allows Corporations and Trusts to own firearms and NFA items. If you live in a location where the Chief Law Enforcement Officer will not sign off on your forms, this is a way around it. There are other benefits to this route, as you also bypass the need for fingerprint cards and photos. In the past, transfers to non-individuals were faster, in some cases much faster. Recently, ATF has been scrutinizing transfers to Trusts and other entities, and they may actually take longer then transfers to individuals.
Using a Trust or LLC to obtain a machine gun does not eliminate the need for a Green Card. In general, if you have a Green Card, your CLEO will sign-off on your forms without hassle. As soon as your Trust or LLC owns any firearms, all the trustees of a trust or principals of a LLC, must have the correct licenses to possess them, as in theory any of them can then posses the firearms.
There are those who argue as to whether or not the Trust/LLC route is better or worse than an individual owning the item. Those questions are really up to each specific situation, and will effect your estate planning. If you go this route, consult a qualified lawyer before filing any paperwork.
How do I make my own NFA item?, or The NFA Form 1 Process
A Form 1 is used by anyone who wishes to make and register a NFA item. You can start with a lump of metal, or an existing gun, either way, you need to have an approved Form 1 before you assemble your NFA item. Be careful here. Simply owning all the pieces of a NFA item is considered "constructive possession" and is almost certainly illegal, depending on your specific situation.
You can request a Form 1 packet from the ATF online at http://www.atf.gov/dcof/index.htm. It includes all the forms you'll need. A PDF version of the form is also available from titleii.com. Make sure that if you print your own forms, that they are double sided. ATF will reject the forms if both sides aren't on one piece of paper.
A complete Form 1 application will include:
Two copies of the Form 1
Two passport sized photos
Two NFA Branch supplied fingerprint cards
One Certification of Compliance with 18 USC 922(g)(5)(B)
One check for $200 made payable to BATFE
If you're applying as a Trust or LLC, you will need to include a notarized copy of your Declaration of Trust and Schedule A, or a copy of your articles of incorporation. You will need to complete the front of the Form 1 and answer all questions regarding suitability and reasonable need. Depending on the version of the form you're using, these questions may be on the second page.
The Form 1s should be completed and have been signed off by your CLEO. The photos do not need to be affixed to the forms, but if you do this, make sure they are on there good. The fingerprint cards from NFA Branch have specific ORI information and must be used for your Form 1 application. The Certification of Compliance often confuses people. Your self-certifing that you are a US citizen or are otherwise qualified to possess firearms in the US. If you where born in the US, put your name in fields 1 and 2, and "United States of America" in field 3.
Once you mail off your application, get ready for a long wait. When your form comes back, make sure you keep it in a safe place. Most owners keep a copy of the form with the item. The law requires that you produce the original only for an ATF agent. You must mark your new creation with your name and location. See 27 CFR 479.102 for the specific requirements. The gist of it, 1/16 tall characters, .003 inches deep. If you made your NFA item from a previously unregistered receiver, a FA-10 will have to be mailed off to the CHSB. If you made an existing gun into an NFA item, you don't have to file a FA-10, assuming one was filed in the past. If you did your Form 1 as a Trust or LLC, the FA-10 form will reflect your personal information.
How do I buy an existing NFA item? or The NFA Form 4 Process
A Form 4 is used for tax-paid transfer and registration of a NFA item. This is the form used when you buy an existing NFA item. As with lots of ATF things, the NFA item must already be possessed by an entity (dealer or another individual) in the same state that you're a resident of. If the item you want is in another state, it will first have to be transfered to a dealer in your home state. In general if you're buying from a dealer, they will do as much of the paperwork as they can before giving it to the buyer for CLEO sign-off, etc.
You can obtain a Form 4 packet from http://www.atf.gov/dcof/index.htm. A PDF version is available from titleii.com. Make sure that if you print your own forms, that they are double sided. ATF will reject the forms if both sides aren't on one piece of paper.
A complete Form 4 application will include:
Two copies of the Form 4
Two passport sized photos
Two NFA Branch supplied fingerprint cards
One Certification of Compliance with 18 USC 922(g)(5)(B)
One check for $200 (or $5 if the item is an AOW) made payable to the BATFE
If you're buying a Machine Gun, make sure you include a copy of your Green Card!
If you're applying as a Trust or LLC, you will need to include a notarized copy of your Declaration of Trust and Schedule A, or a copy of your articles of incorporation. You will need to complete the front of the Form 4 and answer all questions regarding suitability and reasonable need on the second page.
Both copies of the Form 4 should be completed and have been signed off by your CLEO. The photos do not need to be affixed to the forms, but if you do this, make sure they are on there good. The fingerprint cards from NFA Branch have specific ORI information and must be used for your Form 4 application. The Certification of Compliance often confuses people. Your self-certifing that you are a US citizen or are otherwise qualified to possess firearms in the US. If you where born in the US, put your name in fields 1 and 2, and "United States of America" in field 3.
Once you mail off your application, get ready for a long wait. The approved forms will be mailed back to the seller of the item. Make sure the seller has a way to get in contact with you when the form comes back. Once the form is approved, you're the legal owner and the law allows up to 30 days for the physical transfer to take place. Make sure you keep your form in a safe place. Most owners keep a copy of the form with the item. The law requires that you produce the original only for an ATF agent. If you're buying from a dealer, you will need to complete a 4473 just like you're buying a normal gun, except no NICS check will be done. This is true if you're buying as an individual or a Trust/LLC. The dealer will file a FA-10 for your new purchase. If you're doing a face-to-face NFA transfer, the seller is responsible for filing the FA-10. If you completed your transfer as a Trust or LLC, the FA-10 will reflect your personal information.
Does owning NFA items effect my 4th Amendment rights?
No! This is a common misconception. Owning NFA items in no way effects your rights. FFLs are subject to inspections by ATF as outlined in 18 USC 923(g)(B) and their local licensing authority as outlined in 140 MGL 123. The text of the 4th Amendment can be found here.
Are there special considerations when traveling/moving with your NFA items?
Interstate travel is addressed in 18 USC 922(a)(4). In general, an approved Form 5320.20 is required anytime you take your NFA items out of your home state. Form 5320.20 is available online from http://www.atf.gov/dcof/index.htm and titleii.com. Unlike most other NFA forms, you can fax in your 5320.20 for approval.
This does not apply to AOWs or Silencers. It also doesn't apply to C&R eligible NFA items if you have a C&R FFL. In any case, the item must be legal to possess in the state you are traveling to. If you send in a 5320.20 to take a banned item into a state, it will be denied. In the same vein, if you own a C&R Machine Gun and have a C&R license, it would still be illegal to take your gun into Rhode Island. Temporarily reconfiguring your NFA item to no longer meet the definition of a NFA item does not relive you from the requirements to notify the ATF of your travel with the item.
If you're moving, and are staying in the same state, you are not required to notify the ATF that you've moved, but it's not a bad idea. If you're moving out of state, you must complete a Form 5320.20 and indicate that the move is permanent. You should then keep the approved 5320.20 with your tax document. Just like traveling, make sure your move is legal. If your move isn't legal, your 5320.20 will be denied.
Can I "Unregister" my NFA item?
You can effectively "unregister" your NFA item by restoring it back to its original configuration, or by removing its "evil" feature and writing a letter to the NFA Branch. You will not get back your tax. Even after you go through the process, your gun will forever be in the NFRTR (National Firearms Registration and Transfer Record), but will no longer be regulated by the NFA. Your letter needs to state the Make, Model and Serial # of the item. It also needs to state what you did to make the firearm no longer be regulated by the NFA, for example, your AR-15 now has a 16" barrel. Expect a response to your letter 90+ days after sending it.
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