NFA Title II ("Class 3") Items

General Information For NFA Firearms & Suppressors

National Firearms Act (NFA), Title II (Class III) items commonly available for purchase include select- fire machine guns (“full auto”) manufactured before 19 May 1986 (including certain parts for these firearms), short-barreled rifles and shotguns, suppressors (“silencers”) and any part comprising a suppressor, and a selection of firearms identified as Any Other Weapons (AOW). So-called “Destructive Devices” are also NFA items, but not commonly available to purchase. For more information on AOW firearms, please refer to the following link:

https://www.atf.gov/firearms/firearms-guides-importation-verification-firearms-national-firearms-act-definitions-any

Why NFA?

Your choice to purchase NFA items is protected by the Second Amendment. If you have never experienced the fun and pride in being an NFA firearm or suppressor owner, give an NFA item a try. Many ranges throughout the United States offer the chance to shoot full auto machine guns, shortbarreled rifles, and suppressors, and more individuals are buying them every day. It's all up to you to take the next step toward ownership. Please let us know how we may be of assistance!

IS IT LEGAL FOR YOU TO OWN A SILENCER IN YOUR STATE?

The first step in buying a silencer is determining if suppressor ownership is legal in your state of residence.

                         icon-not-legal NOT LEGAL                         icon-legal LEGAL                         icon-hunting LEGAL FOR HUNTING

42 States Permit Silencer Ownership

The eight states that currently do not allow individuals to own silencers are California, Delaware, District of Columbia, Hawaii, Illinois, Massachussetts, New York, New Jersey, and Rhode Island.

*If you are an FFL dealer, manufacturer, peace officer, or member of a law enforcement agency or other government agency, there are additional states where you can own a silencer.

How To Buy A Silencer

Silencers are legal but are regulated by federal law and on a state-by-state basis by the Nation Firearm Act (NFA) branch of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE). Private citizens can legally purchase and possess silencers in 42 states* without a permit.

To purchase a silencer the following qualifications apply:

  • Reside in one of the 42 states that currently allow civilian ownership
  • Be a resident of the United States
  • Be legally eligible to purchase a firearm
  • Pass a BATFE background check
  • Be at least 21 years of age to purchase from a dealer
  • Be at least 18 years of age to purchase from another citizen

Individuals, Corporations, and Trusts

Where permitted, purchase and ownership of NFA firearms and suppressors is available to Individuals, Corporations, and Trusts. Which entity you choose to purchase under is up to you, but we recommend getting qualified advice from a knowledgeable source, such as an attorney who is well-versed in NFA law. We can report that many people are utilizing trusts, but if you use a trust, be certain your trust does not violate the NFA; the repercussions can be substantial.

How much does it cost?

An individual purchasing an existing NFA item- other than an AOW item--is required to pay a onetime, $200.00 dollar transfer tax to the Bureau of Alcohol, Tobacco, Firearms and Explosives in addition to the purchase price of the item and the receiving dealer's transfer fee. The AOW firearms transfer tax is only $5.00 dollars, plus the purchase price of the item and the receiving dealer's transfer fee. Should the item be transferred to another person in the future, a separate transfer tax must be paid at that time by the new prospective owner. This tax is commonly referred to as your "tax stamp."

What kind of forms to file?

Your transferring FFL will usually assist you with the filing of ATF Form 5320.4, also known as the “Form 4.” This form is required in order to transfer the NFA item from the receiving FFL to you. Two copies of the Form 4 will be submitted to the ATF and a third copy should be mailed to your CLEO (Chief Law Enforcement Officer) in your city or county. This is simply a notification and they no longer have to sign off on your Form 4.

Additionally, if you are applying as an individual versus under a trust/corporation, the required paperwork will differ slightly. Your transferring FFL should be able to assist you with the paperwork (Form 4 and Responsible Person Form) and mail it off to the ATF for you as part of your transfer fee.

When completing a Form 4 as an individual, you will need:

  1. THREE completed and signed Form 4's. TWO copies will be sent off to the ATF (they will keep one copy and send the second copy back with your approval and tax stamp). The remaining ONE copy will be sent to the CLEO (Chief Law Enforcement Officer) in your city/county.
  2. TWO fingerprint cards. These can be completed at your local Sheriff's Office or Police Dept.
  3. TWO passport sized photos (2" x 2" inch).
  4. ONE check or money order made out to the BATFE in the amount of $200.00 dollars ($5.00 for AOWs).

You will need the above for EACH NFA ITEM that your purchase, even if you are purchasing multiple items at once.

When completing a Form 4 under a trust or corporation, you will need:

  1. THREE completed and signed Form 4's. TWO copies will be sent off to the ATF (they will keep one copy and send the second copy back with your approval and tax stamp). The remaining ONE copy will be sent to the CLEO (Chief Law Enforcement Officer) in your city/county.
  2. TWO Responsible Person forms (ATF Form 5320.23) for EACH responsible person on your trust/corporation. One copy is sent to the ATF and the other copy is sent to each responsible person's CLEO.
  3. ONE copy of the trust/articles of incorporation.
  4. TWO fingerprint cards for EACH responsible person on the trust/corporation.
  5. ONE passport sized photos (2" x 2" inch) for EACH responsible person on the trust/corporation.
  6. ONE check or money order made out to the BATFE in the amount of $200.00 dollars ($5.00 for AOWs).

You will need the above for EACH NFA ITEM that your purchase, even if you are purchasing multiple items at once.

How long is the wait?

Wait time for ATF approval on Form 4's varies. The current estimate is 4-6 months.

How old do you have to be to have an NFA Item?

You must be 21 years old.

How Does JB3Customs Help In The Process of Obtaining A NFA Title II ("Class 3") Product?

If you are a local customer (Georgia Resident), we would be happy to assist you with your Form 4.

However, if you are a customer outside of Georgia, we would have to send the NFA Title II ("Class 3") item to a FFL dealer in your state. Your receiving dealer would then help you complete your Form 4 and transfer the item to you. Depending on the item, it could take up to 1-2 months for your NFA item to get to your dealer (ATF approval is required to send the item from us to your local dealer via a Form 3).

Please consult your receiving NFA dealer for the latest information concerning NFA transfers in your state of residence.