National Firearms Act FAQs

Why would anyone want a National Firearms Act Weapon?

  1. First, they are legal but not in every state.
  2. Second, this is your 2nd amendment right.

What is a Title II or Class III Item?

Title II or Class III items, regulated under the National Firearms Act (1934), include machine-guns, Short Barreled Rifles (SBRs), Short Barreled Shotguns (SBSs), Suppressors, Any Other Weapon (AOWs) and Destructive Devices. However, only items manufactured before May 19, 1986 (including certain parts for these firearms) are transferrable.

What We Carry at Double Tap Firearms

Double Tap Firearms carries several silencers from manufacturers like Yankee Hill Machine, Silencerco, Thompson Machine, Huntertown Arms and AAC (Advanced Armament Corp). Prices vary depending on manufacturer. Customers can special order silencers from Double Tap Firearms.

Contact us to set up a private appointment to purchase a Class III item, and we will help you fill out the paperwork.

National Firearms Act Weapons FAQs

Are silencers legal in my state?
Laws Change

The following states allow individuals to purchase and own machine-guns & silencers: AL, AR, AK, AZ, CO, CT, FL, GA, ID, IN, KY, LA, ME, MD, MS, MT, NE, NV, NH, NM, NC, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WI, and WY.

Of the fifteen states that do not allow civilian ownership, CA, IA, KS, MA, MO, And MI allow Class III Dealers and Class II Manufacturers to possess silencers.

Currently, these states allow private ownership of machine-guns: AL, AR, AK, AZ, CO, CT, FL, GA, ID, IN, KY, LA, MA, ME, MD, MS, MT, ND, NE, NV, NH, NM, NC, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, VT, WA, WV, WI, and WY.

How do I obtain an NFA weapon from another state or from Double Tap Firearms?

Barring certain federal, state or local prohibitions, an individual who is at least 21 years of age, is a U.S. citizen and currently able to purchase and possess any non-NFA firearm (pass a background check) will also be eligible to purchase an National Firearms Act weapon from an NFA dealer.

Individuals choose and purchase the item from a Class III dealer (including tax and transfer fees). The Class III dealer then transfers the firearms to civilians, trusts and corporations.

The weapon must be transferred to a FFL/Class III dealer within the buyer’s state before going to the buyer.

Buyers only need to provide a few details to complete an NFA item purchase online:
(Make sure these items are legal in your state. This is your responsibility.)

  1. Payment: Buyer submits payment for the firearm or suppressor in full at time of order (there are no layaway purchase plans for NFA items).
  2. Federal Firearms License (FFL) & Special Occupational Tax License (SOT): Double Tap Firearms will ship your Class III/Title II firearm or suppressor directly to your receiving FFL. A copy copy of the receiving dealer’s FFL and SOT is required.

Prior to ordering from us, arrange transfer and shipment with your receiving dealer:

First, find a licensed Class III/FFL dealer in your area (sometimes called “NFA Dealer”).

Secondly, inform the NFA Dealer that you would like to receive a Title II/Class III firearm or suppressor for transfer from doubletapfirearmspa.com. (Transfer fees run anywhere from $35-$100 for each NFA item. Check with your NFA Dealer.)

Finally, Make arrangements with the NFA Dealer in your state — provide our contact information so that they can send us a copy of their FFL & SOT (if not already on file with us).

Can I make NFA weapons?

In May, 1986 President Reagan signed a bill that stopped the making of any new machine guns. SBRs, SBSs, Silencers, AOWs (Any Other Weapon) and Destructive Devices can still be made … even by an individual if he/she first applies for and receives permission to do so. They will file an ATF Form 1 (maker form) and pay a $200 make tax fee. A civilian can still legally own any machine-gun that was created PRIOR to May, 1986 as long as they get approval on the ATF form 4. Machine-guns or full-autos, as they are sometimes referred, command a hefty price though due to supply and demand. Civilians cannot possess a machine-gun manufactured AFTER May 1986 except for law enforcement.

Required Forms

Buyer must submit ATF Form 4 in duplicate, along with fingerprints, passport photos and a certification of compliance form. Your CLEO (Chief Law Enforcement Officer) must sign this form. This is required and indicates that there is no reason the buyer shouldn’t be allowed to own an NFA item.

CLEO won’t sign! Now what?

Some local CLEOs don’t want to sign those forms for various reasons. Many believe they are accepting liability for future use of the silencer. A few CLEOs don’t think ordinary citizens should own machine-guns and silencers.

The Bottom Line Is: If Your Cleo Won’t Play Ball, Have No Fear. You Can Always Have The Silencer Transferred To A Revocable Living Trust.

How will the New Filing for Trusts that takes effect July 13, 2016 affect my existing gun trust?

The construction of the final rule does not apply directly to existing trusts or entities in possession of NFA weapons, but to future applications made by both individuals and entities.

Effective July 13, 2016, buyers will be required to submit the following with any Form 1 or Form 4 application:

  1. Complete an application form.
  2. Submit a complete copy of your trust and any schedule or exhibit referenced by it; for each RP.
  3. Two FD-258 fingerprint cards
  4. A 2X2-inch photograph taken within the last year
  5. A completed NFA Responsible Person Questionnaire (ATF Form 5320.23). This form requires the input of a RP’s full name, position, Social Security number (optional), home address, date and place of birth and nationality.
  6. Provide CLEO “notification” prior to submission, the applicant must forward a completed copy of the application form (Form 1 or Form 4) and all other RPs must forward a completed copy of their Form 5320.23 to the CLEO of the locality in which the applicant or RP is located. The new rule also defines who may be considered the CLEO as “the local chief of police, county sheriff, head of the State police, or State or local district attorney or prosecutor.”

What is an RP (Responsible person)?

Responsible Persons are those persons who possess the power or authority to direct the management and policies of an entity to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for or on behalf of the entity.

In the case of a trust, responsible persons include any person who has the capability to exercise such power and possesses the power under state law to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for or on behalf of the trust. The definition provides examples of RPs to include settlors/grantors, trustees, partners, members, officers, directors, board members, and owners. ATF removed beneficiaries from this “non-exclusive” list of examples of RPs. However, a beneficiary who otherwise meets the definition (e.g., a beneficiary who is entitled to possess firearms under the terms of the trust and/or state law) fits within the definition.

Furthermore, ATF adds a new section to its regulations to address the possession and transfer of firearms registered to a decedent. The new section clarifies that the executor, administrator, personal representative, or other person authorized under State law to dispose of property in an estate may possess a firearm registered to a decedent during the term of probate without such possession being treated as a “transfer” under the NFA.

In addition, it also specifies that the transfer of the firearm to any beneficiary of the estate may be made on a tax-exempt basis.

Transfers of Firearms After Initial Transfer or Making Approved. The final rule did not change requirements for trusts and other legal entities to submit new applications to make or transfer firearms if the entity wishes to acquire additional items after ATF approves the initial transfer.

How much can I expect to spend on a machine-gun?

Machine-guns such as M16s and MP5s for example are selling around $20,000 or more. Prices can go up several thousand dollars per year. These prices will vary depending on type and manufacturer. Some folks use them as investments.

How much does it cost to purchase an NFA Weapon?

An individual purchasing an existing NFA item — other than an AOW item — is required to pay a one-time, $200 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 five dollars, plus the purchase price of the item and the receiving dealer’s transfer fee. Additionally, 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.

How long is the wait for ATF Approval?

ATF approval varies from as little as twelve weeks to several months. Currently, wait time is averaging a little over six months.

Our 2nd Amendment Right is very precious to our country. Please don’t misunderstand that those who want to keep that right are not the enemy but are there to protect their families, themselves and others (the innocent). Let us have our right.