Civilian Virginia Resident
The following will give you an overview of the acquisition of a NFA device from Black Widow Arms.
What is a NFA device? Basically, they are machine guns, sound suppressors, all shotguns with a barrel length less than 18”, all rifles with a barrel length less than 16” and a couple other devices. These items have never been outlawed by the Federal government as many people believe. These items are regulated under the National Firearms Act (NFA) of 1934, by the Bureau of Alcohol, Tobacco, Firearms & Explosives (BATFE). In the years following the enactment of the NFA, several States passed their own versions of the law, and imposed additional restrictions. Some states such as Delaware, Hawaii, Iowa, Illinois, Kansas, New York, Rhode Island, South Carolina, Washington State and the District of Columbia, have a total ban on privately owned NFA items. If you live in one of these states, No NFA items for you. We suggest you move out from behind the iron curtain and protest loudly on your way out the door.
To legally purchase any item falling under the purview of the NFA, you must be at least 21 years of age, a resident of the United States, and have no felony record. There are a few more hoops to jump through but we will walk you through it.
When we receive payment for the NFA item you want, (or a deposit of 1/3 down with remainder due upon approval) We will then prepare the necessary paperwork for you. That paperwork is: ATF Form 4 and Fingerprint cards. The Form 4's must be filled out on both sides, with passport photos affixed to the backside of the form.
You will also have to arrange getting fingerprinted and have the provider of this service complete and sign the fingerprint cards (they may charge a small fee for this). You will then return the paperwork to us along with a separate check or money order. The check will be for $200 (the transfer tax) and made out to Department of the Treasury. We will review to make sure everything is correct and then send the completed package to the Department of the Treasury with your check or money order for the $200.00.
The $200.00 is known as a "transfer tax" because it must be paid whenever ownership of the NFA item is "transferred" (in this case, the dealer to the prospective purchaser). As long as ownership remains with the same person, the tax need not be paid again. Only if the owner sells it will a new transfer tax need to be paid by the new owner. An owner may “will” his NFA firearm to a lawful heir with no tax incurred.
As an alternative, you can establish either a Trust or a Corporation and transfer your NFA items to that entity. The transfer still requires payment of the $200 transfer tax and requires that each "Responsible Person" (those who exercise authority enumerated within the trust) complete an additional form named 5320.23, include photograph and be fingerprinted. A full copy of the trust documents must be included with the Form 4. A “certificate of trust” is not acceptable to the NFA branch.
Once the paperwork is submitted, it normally takes about 4 to 6 months to receive the approved, stamped paperwork back from the NFA Branch. It is only upon the return of the approved paperwork that we can allow you to take possession of your NFA item. A copy of the approved paperwork must accompany the NFA firearm at all times and the original should be stored in a safe place. This may sound like an involved process, but we make it easy and worth it. Just ask those who have done it…