Complete guide to National Firearms Act regulated items including suppressors, short-barreled rifles, machine guns, and more.
Understanding the National Firearms Act
The National Firearms Act (NFA) was enacted in 1934 as part of New Deal legislation aimed at regulating certain categories of firearms deemed particularly dangerous. The law was enacted in response to the proliferation of gangster-style violence during Prohibition.
The NFA is codified at 26 U.S.C. §§ 5801-5872 and is enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It imposes registration requirements and taxes on the manufacture, transfer, and possession of specific firearms and accessories.
A $200 tax stamp is required for most NFA items at the time of transfer or making. The stamp must be paid for each item.
All NFA items must be registered with the ATF in the owner's name. The NFA Registry tracks all legal transfers.
Applicants must submit fingerprints (Form FD-258) for background check purposes during the transfer process.
Passport-style photographs are required with Form 4 applications for identification purposes.
The Firearms Owners Protection Act of 1986 included the "Hughes Amendment" which prohibited the registration of new machine guns for civilian ownership after May 19, 1986.
Civilians cannot legally acquire new machine guns manufactured after May 19, 1986.
Transferable machine guns registered before the ban can still be legally transferred to civilians.
For official NFA forms, information, and questions:
Phone: (304) 616-4500
Forms: atf.gov/forms
The six categories of items regulated under the National Firearms Act
Firearms that shoot automatically more than one round per pull of the trigger, including submachine guns, fully automatic rifles, and conversion kits that convert firearms to automatic fire.
Any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.
Note: Post-1986 machine guns cannot be registered for civilian transfer. Only pre-1986 registered transferable machine guns are available.
Devices attached to firearms to reduce the muzzle report through absorption and suppression of the propellant gases. They do not eliminate sound but significantly reduce it.
Any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts for such use.
Tip: Suppressors are legal in most states. They're popular for hearing protection, recoil reduction, and precision shooting.
Rifles with barrel lengths less than 16 inches or overall length under 26 inches. These are designed for maneuverability and close-quarters use.
A rifle having one or more barrels less than 16 inches in length and any firearm with an overall length of less than 26 inches.
Shotguns with barrel lengths less than 18 inches or overall length under 26 inches. These are compact firearms often used for home defense and tactical applications.
A shotgun having one or more barrels less than 18 inches in length and any firearm with an overall length of less than 26 inches.
Bombs, grenades, rockets, missiles, mines, and similar explosive devices. Also includes certain large-bore firearms with explosive projectiles.
Any explosive, incendiary, or poison gas bomb, grenade, rocket, mine, or similar device; or any type of weapon which may be employed to inflict injury.
Warning: Most destructive devices are restricted to military, law enforcement, or specially licensed individuals. Possession by civilians is extremely limited.
A catch-all category for concealable weapons not falling under other classifications. This includes smoothbore pistols, pen guns, and other unusual firearms configurations.
Any weapon or device capable of being concealed on the person from which a shot can be discharged (other than a shotgun or rifle barrel).
Note: AOWs have a reduced $5 transfer tax but require the same registration and approval process as other NFA items.
The process for purchasing and registering NFA-regulated items
Registering an NFA item you manufacture or assemble yourself (e.g., building an SBR from a parts kit).
Purchasing a pre-owned NFA item from another owner through an FFL/SOT with a tax stamp.
Locate a Federal Firearms Licensee who has paid the Special Occupational Tax (SOT) to deal in NFA items. Not all FFLs handle NFA transfers.
Choose the NFA item you wish to acquire. For Form 4 transfers, you may need to be put on a waitlist, especially for transferable machine guns.
Fill out ATF Form 1 (if making) or Form 4 (if transferring). Forms require detailed information about you and the item.
Include completed Form FD-258 fingerprint cards and two passport-style photographs with your application.
For Form 1, pay $200 when filing. For Form 4, pay $200 when the transfer is approved. A $5 tax applies to AOWs.
ATF conducts background investigation. Current wait times vary from 3-12 months or more depending on the item and ATF workload.
Once approved, you receive your Form back with the tax stamp. Keep it with your NFA item - this is your proof of registration.
Wait times vary based on ATF workload and item type.
Many NFA owners use trusts to hold their items. Benefits include:
Understanding which NFA items are legal in your state
These states prohibit all NFA items:
These states allow suppressors but not other NFA items:
States with specific SBR restrictions:
| State | Suppressors | SBR/SBS | Machine Guns | AOW |
|---|---|---|---|---|
| Alabama | ✓ | ✓ | ✓ | ✓ |
| Alaska | ✓ | ✓ | ✓ | ✓ |
| Arizona | ✓ | ✓ | ✓ | ✓ |
| California | ✗ | ✗ | ✗ | ✗ |
| Colorado | ✓ | ✓ | ✓ | ✓ |
| Florida | ✓ | ✓ | ✓ | ✓ |
| Georgia | ✓ | ✓ | ✓ | ✓ |
| Illinois | ✓ | ✗ | ✗ | ✗ |
| Michigan | ✓ | ✓ | ✓ | ✓ |
| Nevada | ✓ | ✓ | ✓ | ✓ |
| New York | ✗ | ✗ | ✗ | ✗ |
| Texas | ✓ | ✓ | ✓ | ✓ |
Note: This information is subject to change. Always verify current laws in your state before purchasing NFA items. Local ordinances may impose additional restrictions.
Even if legal in your state, you must still comply with all federal NFA requirements including registration, tax stamps, and ATF approval.
Transporting NFA items across state lines requires careful planning. Know the laws of all states you'll pass through.
Some cities and counties have additional restrictions beyond state law. Check with local authorities before purchasing.
Some states have specific requirements for NFA items held in trusts. Consult an attorney familiar with NFA law.
Common questions about NFA items
Yes, but with significant restrictions. Only machine guns registered with the ATF before May 19, 1986 can be legally transferred to civilians. These "transferable" machine guns are legal but extremely expensive and heavily regulated. You must pass a background check, pay a $200 tax, and receive ATF approval before taking possession.
No. Suppressors reduce muzzle report by absorbing and dispersing gases, but they do not eliminate the sound. A suppressed gunshot typically remains around 120-140 dB, which is still loud enough to cause hearing damage without ear protection. They make firearms hearing-safe but not Hollywood-quiet.
Wait times vary significantly. Form 1 e-filed applications typically take 30-60 days. Paper Form 4 applications can take 6-12 months or longer. E-filed Form 4s are currently averaging 90-120 days. Machine gun transfers can take significantly longer due to additional research requirements.
Form 1 is used when you're making/manufacturing an NFA item (like building an SBR from a parts kit). You pay the $200 tax when you file. Form 4 is used when you're purchasing a pre-existing NFA item from another owner. You pay the $200 tax when the transfer is approved. Both require fingerprints, photos, and ATF background investigation.
Yes, but with restrictions. You can transport your registered NFA items within your state and through states where they are legal. For interstate travel, follow FOPA guidelines: keep the firearm unloaded, in a locked container, with ammunition separate. However, some states prohibit certain NFA items entirely, so research your route carefully.
Many owners prefer trusts because they allow multiple people to have access to NFA items without individual background checks, avoid the need for CLEO sign-off (which was eliminated for e-filed applications anyway), and simplify estate planning. However, trusts have drawbacks including setup costs and potential liability issues. Consult an attorney to determine if a trust is right for your situation.
NFA items can be inherited by beneficiaries, but the transfer requires ATF approval and payment of the $200 transfer tax. Beneficiaries must submit Form 5 (for inheritance) or Form 4. If held in a properly structured trust, the transfer may be simpler. Estate planning for NFA items is important—discuss options with an attorney.
Always verify state laws and consult with qualified professionals before making any NFA purchase.