Know Your NFA (Title II) Firearm

Machine guns are legal, in our home state Idaho and many other states.

NFA weapons are a specific group of firearms and other items which are regulated in a manner different than other firearms. To start, first, be aware of three separate legislative Acts which establish the rules for NFA ownership.

The National Firearms Act of 1934 — which established a basic $200.00 tax on the transfer of machine guns.

The Gun Control Act of 1968 — which ended the importation of machine guns from other countries for civilian sales and established what is still used as the classification method for firearm types (Title I and Title II firearms).

The Firearms Owners Protection Act of 1986 — which ended the new manufacture of machine guns for civilian sales, with the result of freezing the number of civilian available transferable machine guns.

In addition to these Federal Acts, each state has the capability to adopt further regulations and restrictions regarding ownership. While machine guns may be legally owned under Federal law, some states and localities (even counties) further prohibit or regulate ownership.

Transporting NFA weapons:

Be aware that transportation of NFA weapons across states is restricted. Within the state that the owner resides in is generally unrestricted.

Transportation between states, whether temporarily or permanently, is regulated. An individual must get permission from BATF to move machine guns, short-barreled rifles, short-barreled shotguns, or destructive devices between states before doing so. If you are planning to attend one of our shoots and you live out of state know the regulations and do your paperwork. Learn about Form 5320.20 in advance. Complete and file the paperwork with sufficient time to allow for BATF approval.

The basics of machine gun ownership:

An applicant has to be legally qualified; over the age of 21, have no past felonies, and not be a “prohibited person” under federal law. 

Completing an Application for Tax Paid Transfer and registration of Firearm Form (Form 4):

Payment of a $200.00 transfer tax;

Provide fingerprints and photographs with the application for a background check.

An applicant can be an individual or an entity such as a trust or LLC.

Applications are submitted to the BATF for approval and a copy is provided to notify local law enforcement of the application.

NFA Weapon Categories

NFA weapons include more than just machine guns, there are several categories:

Machine Guns

A gun that can fire more than one shot with a single pull of the trigger, or the receiver of a machine gun, or a combination of parts for assembling a machine gun, or a part or set of parts for converting a gun into a machine gun.

Short Barreled Rifles

A rifle (which is defined as a shoulder-fired, rifled bore firearm that is not a machine gun) with a barrel length of fewer than 16 inches, or an overall length of fewer than 26 inches, or any weapon made from a rifle falling into the same length parameters

Short Barreled Shotguns

Any shotgun (which is defined as a shoulder-fired, smoothbore firearm) with a barrel of fewer than 18 inches or an overall length of fewer than 26 inches, or any weapon made from a shotgun falling into the same length parameters.

Suppressors/ Silencers

Any device for muffling the gunshot of a portable firearm, or any part or parts exclusively designed or intended for such a device.

Destructive Devices (DD)

There are effectively two categories under this designation. First an explosive, incendiary, or poison gas weapon, such as a grenade or bomb. Second, a firearm that has a bore over a one-half inch, excepting sporting shotguns and other type devices and firearms.

Another Other Weapon (AOW)

A catch-all category that includes among other items, smooth bore pistols, any pistol with more than one grip, cane guns, pen guns, and shoulder-fired weapons with both rifled and smoothbore barrels between 12 inches and 18 inches in length which are manually reloaded.

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