What is an NFA Firearm?

This beginner’s Guide To NFA Firearms will assist you in understanding that an NFA firearm refers to any firearm regulated by the National Firearms Act of 1934. This act was designed to impose stricter regulations on firearms deemed more dangerous or easily concealed. NFA firearms include:

• Suppressor (often referred to as a silencer)
• Short-Barreled Rifle (SBR)
• Short-Barreled Shotgun (SBS)
• Machine Gun
• Destructive Device (such as grenades and bombs)
• Any Other Weapon (AOWs), including items like cane guns or pen guns

These items are subject to additional legal requirements because they are considered higher risk for misuse. While NFA firearms are legal to own in many states, obtaining one involves specific procedures that set them apart from regular firearms.

Learn more about NFA firearms or explore our collection of NFA products.

NFA Forms: What You Need to Know

Acquiring an NFA firearm requires a few extra steps compared to buying standard firearms. The ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) regulates the process, and certain forms must be filed to legally own or transfer NFA items. Below are the main forms you’ll encounter:

Form 1: Application to Make and Register a Firearm

If you plan to make your own NFA firearm—like converting a rifle into a short-barreled rifle (SBR) or building a suppressor—you’ll need to submit a Form 1. This form allows you to legally manufacture the firearm once approved by the ATF. The process involves a background check and fingerprinting (the $200 tax stamp still applies to destructive devices). Once the ATF approves your Form 1, you can legally make the firearm.

Form 3: Application for Tax-Exempt Transfer of Firearm

The Form 3 is used to move NFA firearms between Federal Firearms Licensees (FFLs). If you’re purchasing an NFA item from a dealer, the Form 3 is submitted to the ATF by the dealer you purchased the NFA firearm from. Once approved, the FFL can ship it to another FFL.

Form 4: Application for Tax Paid Transfer and Registration of Firearm

The Form 4 is required when purchasing an NFA firearm from a dealer or another individual. This form is used to transfer ownership of items such as suppressors, machine guns, and short-barreled rifles. The process involves a background check and fingerprinting (the $200 tax stamp still applies to machine guns and destructive devices). Once the ATF approves your Form 4, the firearm will be legally transferred to you.
Explore our NFA product catalog for a selection of firearms and accessories.

Individual Ownership vs. Trust Ownership: What’s the Difference?

One important decision when acquiring NFA firearms is whether to own them individually or through a trust. Both options come with their own benefits and considerations, so it’s important to understand the differences.

Individual Ownership

Owning NFA firearms as an individual means you’ll personally apply for approval through the ATF. This process involves providing your personal information, undergoing a background check, and waiting for approval. It is the most common way and works great for most people. Still, it’s essential to know that when you transfer an NFA firearm to yourself as an individual, you, the individual listed on approved ATF Form 1 or Form 4 in the National Firearms Registration and Transfer Record (NFRTR), are the only one who is allowed to use, possess, transport, or have access to the NFA firearm, unless you are physically present with another person that is using or has possession of the NFA firearm. This means that if you ever want anyone else to use or have access to your NFA firearm without you with them, an NFA Trust is the right choice for you. Here are some points to keep in mind with individual ownership:

• Approval can take days or several months. There is no consistency with the approval process, so patience is necessary.
• If you want to transfer an NFA item to someone else, you must go through the ATF approval process again with a Form 4 on your own, not through an FFL dealer.

Trust Ownership

Trust ownership offers flexibility. An NFA Trust is a legal instrument capable of owning an NFA firearm and offers several benefits, two of which are especially noteworthy. First, it makes owning NFA (or Title II) weapons significantly more accessible and more enjoyable. When a Trust owns an NFA firearm, it can properly and legally direct who may use and possess it, and how. Anyone you add to the Trust (called a Trustee or Co-Trustee) may use, possess, store, or transport the NFA firearm.
Trusts are largely beneficial to owners of an NFA firearm or to those planning to come into possession of an NFA firearm through creation (Form 1), transfer (Form 4), or an unfortunate death. Beyond possessory benefits, other advantages of NFA firearm ownership under a Trust include privacy in gun ownership, avoidance of probate, and no annual fees like those associated with ownership through a limited liability company. Further, beneficiaries who have distributed firearms from a Trust are exempt from paying the $200 ATF tax stamp that still applies to machine guns and destructive devices. You can add anyone you want (except, obviously, a prohibited person) to the Trust, and every person named on the Trust referred to as a Responsible Person (RP) can legally possess the NFA firearm. Adding someone to an NFA Trust is straightforward, but all Trustees or Co-Trustees must also submit fingerprints and a passport picture whenever an additional NFA firearm is added to the Trust.

Key benefits include:

• Easier to transfer NFA items to other trustees without additional paperwork.

Whichever way you decide to transfer the NFA firearm, a copy of the approved ATF Form 1 or Form 4 must accompany the NFA firearm AT ALL TIMES. If the NFA firearm was transferred to a Trust, a copy of the Trust must also accompany the NFA firearm AT ALL TIMES. Setting up an NFA Trust is easy to simplify ownership.