Buying an NFA/Class III Item
NFA firearms, often referred to as Class III or Class 3, are divided into several types – fully automatic weapons (Machine guns), silencers, short barrel shotguns, short barrel rifles, AOW's (Any Other Weapon) and Destructive devices. For all practical purposes these can all be considered pretty much the same in the way the transfer process is handled by ATF. These types of weapons are legal in most states and are easier to acquire than many people realize. In fact if you can buy a handgun at your local gun store, ATF will most likely approve your transfer of an NFA weapon. We have had very few customers denied transfer of an NFA weapon. There tends to be a lot of confusion about how the NFA transfer process works. The following is a brief description of the process, designed to help our potential buyers understand what is required.
First, it is helpful to understand that an NFA weapon is a registered weapon. These can be owned by individuals, corporations or trusts. The NFA branch of ATF must approve transfer of these types of weapons from one individual or entity to the next prior to transfer of actual physical possession. You can think of an approved transfer document as a title so to speak, and the weapon to be actually titled to its owner. It is a serious violation for anyone to possess an NFA weapon which is not currently titled to that person or entity and is therefore important that the item remain with its previous owner until the NFA approval of transfer is received.
ATF regulations require that an NFA weapon be transferred to its new owner from a Class 3 dealer in their own state. For this reason, after payment is received for an item purchased and we need to order it from a manufacturer or distributor, the entity in current possession of the item (the manufacturer or distributor) submits a request for transfer the item to us as a Class 3 dealer by submitting an ATF Form 3. This Form 3 is submitted to the NFA branch of ATF and is currently approved within 30-60 days. When approved, the NFA branch will physically mail the approval to the entity in possession who can then ship it to our store.
When we receive your NFA item as your dealer, it will be time to inspect the weapon. If there are any issues we should be made aware of, this is the time. We stand behind our product with an unconditional inspection period after your item is received. If needed we will refund the purchase, or repair or return the item for replacement. Problems are fairly uncommon but we want you to know your satisfaction is important to us.
We will then work with you on submitting an ATF Form 4. We will complete the sections of the Form 4 with information about the firearm, serial number, etc. as well as our FFL numbers and info. Your name or trust name will be listed as the transferee of the item. You will normally complete the rest of the form and will attach one (1) passport size physical photo of yourself and two (2) FBI approved fingerprint cards in black ink. As of mid-July 2016, the Chief Law Enforcement Officer (CLEO) no longer has to approve the request, the CLEO know only gets informed. This is a big change as this means your local law enforcement agency will no longer be able to block your acquisition of legal NFA firearms. If you are buying as a trust or corporation an additional ATF Form 5320 is required from each trustee of the trust or corporate officer. This has to be done by all trustees or officers for each item purchased; the ATF does not keep record information on file.
After your Form 4 is ready to send, we will send it (and any required Form 5320s) to the NFA branch along with a one-time $200 dollar transfer tax payment ( $ 5.00 for the transfer of AOWs). The NFA branch will do a background check and verify the document sent is correct prior to approval. You will be able to check on your transfer via phone, but will need the serial number for the item in order to check. The process times for items going to individuals, trusts and corporations vary based on ATF work load, but have been averaging roughly 11-12 months, although we expect that timing to decrease significantly once the NFA branch clears the backlog of the enormous number of applications sent in just prior to the mid-July 2016 change in the rules. When the item is approved NFA will send the approval to us. At that time, you will need to come in and fill out the front page information of ATF Form 4473 and it will be legal for you to possess your new NFA firearm!
The NFA purchase process takes time, and is frustrating for some because it takes a fair amount of time to actually acquire the item purchased. It is however, worth the wait. Most of our customers very much enjoy their machine guns and silencers. It is an amazing privilege to own these types of weapons and is a privilege not available to law abiding citizens anywhere else in the world! Due to the 1986 ban on further production of machine guns for civilians, these have become the most collectible firearms available – and prices reflect the scarcity of items available. Our sources tell us there were approximately 250,000 registered transferable machine guns when the 1986 ban was put into place. Due to various causes of loss, there are now approximately 186,000. As a result of a decreasing supply and a vastly increasing demand, these have been an excellent investment. You might even consider investing in machine guns as part of your retirement portfolio.
NFA firearms, often referred to as Class III or Class 3, are divided into several types – fully automatic weapons (Machine guns), silencers, short barrel shotguns, short barrel rifles, AOW's (Any Other Weapon) and Destructive devices. For all practical purposes these can all be considered pretty much the same in the way the transfer process is handled by ATF. These types of weapons are legal in most states and are easier to acquire than many people realize. In fact if you can buy a handgun at your local gun store, ATF will most likely approve your transfer of an NFA weapon. We have had very few customers denied transfer of an NFA weapon. There tends to be a lot of confusion about how the NFA transfer process works. The following is a brief description of the process, designed to help our potential buyers understand what is required.
First, it is helpful to understand that an NFA weapon is a registered weapon. These can be owned by individuals, corporations or trusts. The NFA branch of ATF must approve transfer of these types of weapons from one individual or entity to the next prior to transfer of actual physical possession. You can think of an approved transfer document as a title so to speak, and the weapon to be actually titled to its owner. It is a serious violation for anyone to possess an NFA weapon which is not currently titled to that person or entity and is therefore important that the item remain with its previous owner until the NFA approval of transfer is received.
ATF regulations require that an NFA weapon be transferred to its new owner from a Class 3 dealer in their own state. For this reason, after payment is received for an item purchased and we need to order it from a manufacturer or distributor, the entity in current possession of the item (the manufacturer or distributor) submits a request for transfer the item to us as a Class 3 dealer by submitting an ATF Form 3. This Form 3 is submitted to the NFA branch of ATF and is currently approved within 30-60 days. When approved, the NFA branch will physically mail the approval to the entity in possession who can then ship it to our store.
When we receive your NFA item as your dealer, it will be time to inspect the weapon. If there are any issues we should be made aware of, this is the time. We stand behind our product with an unconditional inspection period after your item is received. If needed we will refund the purchase, or repair or return the item for replacement. Problems are fairly uncommon but we want you to know your satisfaction is important to us.
We will then work with you on submitting an ATF Form 4. We will complete the sections of the Form 4 with information about the firearm, serial number, etc. as well as our FFL numbers and info. Your name or trust name will be listed as the transferee of the item. You will normally complete the rest of the form and will attach one (1) passport size physical photo of yourself and two (2) FBI approved fingerprint cards in black ink. As of mid-July 2016, the Chief Law Enforcement Officer (CLEO) no longer has to approve the request, the CLEO know only gets informed. This is a big change as this means your local law enforcement agency will no longer be able to block your acquisition of legal NFA firearms. If you are buying as a trust or corporation an additional ATF Form 5320 is required from each trustee of the trust or corporate officer. This has to be done by all trustees or officers for each item purchased; the ATF does not keep record information on file.
After your Form 4 is ready to send, we will send it (and any required Form 5320s) to the NFA branch along with a one-time $200 dollar transfer tax payment ( $ 5.00 for the transfer of AOWs). The NFA branch will do a background check and verify the document sent is correct prior to approval. You will be able to check on your transfer via phone, but will need the serial number for the item in order to check. The process times for items going to individuals, trusts and corporations vary based on ATF work load, but have been averaging roughly 11-12 months, although we expect that timing to decrease significantly once the NFA branch clears the backlog of the enormous number of applications sent in just prior to the mid-July 2016 change in the rules. When the item is approved NFA will send the approval to us. At that time, you will need to come in and fill out the front page information of ATF Form 4473 and it will be legal for you to possess your new NFA firearm!
The NFA purchase process takes time, and is frustrating for some because it takes a fair amount of time to actually acquire the item purchased. It is however, worth the wait. Most of our customers very much enjoy their machine guns and silencers. It is an amazing privilege to own these types of weapons and is a privilege not available to law abiding citizens anywhere else in the world! Due to the 1986 ban on further production of machine guns for civilians, these have become the most collectible firearms available – and prices reflect the scarcity of items available. Our sources tell us there were approximately 250,000 registered transferable machine guns when the 1986 ban was put into place. Due to various causes of loss, there are now approximately 186,000. As a result of a decreasing supply and a vastly increasing demand, these have been an excellent investment. You might even consider investing in machine guns as part of your retirement portfolio.
The Steps
If you are a Florida resident and at least 21 years old, we can help throughout the entire process. If you are out of state, we can ship the item to a Class III dealer near you to take you through the process.
If you have a trust or corporation that can purchase and hold the item, we can purchase it in that name. However, whether you purchase in your name individually or in the name of a trust or corporation, the requirements for submission of the form are now largely the same. You will need a passport photo for you (individually) or of each trustee (trust) or officer (corporation) as well as two fingerprint cards for each. Now however, you DO NOT need any CLEO approval—they are simply notified of the sale but cannot block it by withholding any approval.
Keep in mind though that if you purchase in a corporate name, the item becomes an asset of the company and is effectively “owned” by any shareholder.
In a trust, you can be the designated trustee and control who has access to and use of the item. Most people go the trust route. We have an approved Florida trust we can set up for you for $ 400.00. You may find cheaper generic ones, but this one is Florida specific and most importantly, has passed muster with both a Florida Board Certified trust lawyer and the ATF.
In either case, (corporate, trust or individual) you would have to fill out a Form 4 (and a Form 5320 for each officer or trustee) to be provided to the ATF for review and approval (this would be accompanied by a copy of your trust or your corporate documents if purchased in that capacity – or -- the items listed above if purchased in your individual capacity). The ATF is taking about 11 months right now (June 2017) to approve such forms once accepted.
The cost would be the cost of the item, plus Florida sales tax at 6.5%, plus an additional $ 200 tax imposed by the government on any such transfer, all paid at the time of Form 4 submission.
Once we receive the approved Form 4, you would need to come in and pick up the item or, if you are out of our area, we would ship it to a Florida Class III dealer near you, where you could pick it up. Keep in mind they may charge a transfer fee. If you are out of state, we would simply take your payment and send the item to a local Class III dealer near you, who would handle the Form 4/5320 process.
If all that works for you, let us know the model of silencer you are looking for and we will check on price and availability. The manufacturer will have to submit a Form 3 to the ATF to approve a manufacturer/distributor to dealer transfer (as we would if you wanted it sent to a dealer near you rather than pick up here) and those generally take about 60-90 days for approval.
If you are a Florida resident and at least 21 years old, we can help throughout the entire process. If you are out of state, we can ship the item to a Class III dealer near you to take you through the process.
If you have a trust or corporation that can purchase and hold the item, we can purchase it in that name. However, whether you purchase in your name individually or in the name of a trust or corporation, the requirements for submission of the form are now largely the same. You will need a passport photo for you (individually) or of each trustee (trust) or officer (corporation) as well as two fingerprint cards for each. Now however, you DO NOT need any CLEO approval—they are simply notified of the sale but cannot block it by withholding any approval.
Keep in mind though that if you purchase in a corporate name, the item becomes an asset of the company and is effectively “owned” by any shareholder.
In a trust, you can be the designated trustee and control who has access to and use of the item. Most people go the trust route. We have an approved Florida trust we can set up for you for $ 400.00. You may find cheaper generic ones, but this one is Florida specific and most importantly, has passed muster with both a Florida Board Certified trust lawyer and the ATF.
In either case, (corporate, trust or individual) you would have to fill out a Form 4 (and a Form 5320 for each officer or trustee) to be provided to the ATF for review and approval (this would be accompanied by a copy of your trust or your corporate documents if purchased in that capacity – or -- the items listed above if purchased in your individual capacity). The ATF is taking about 11 months right now (June 2017) to approve such forms once accepted.
The cost would be the cost of the item, plus Florida sales tax at 6.5%, plus an additional $ 200 tax imposed by the government on any such transfer, all paid at the time of Form 4 submission.
Once we receive the approved Form 4, you would need to come in and pick up the item or, if you are out of our area, we would ship it to a Florida Class III dealer near you, where you could pick it up. Keep in mind they may charge a transfer fee. If you are out of state, we would simply take your payment and send the item to a local Class III dealer near you, who would handle the Form 4/5320 process.
If all that works for you, let us know the model of silencer you are looking for and we will check on price and availability. The manufacturer will have to submit a Form 3 to the ATF to approve a manufacturer/distributor to dealer transfer (as we would if you wanted it sent to a dealer near you rather than pick up here) and those generally take about 60-90 days for approval.