NFA FAQs

Civilian NFA Purchase Overview

VA Resident

Non-VA Resident

How does the purchase procedure work for NFA items?

How does this purchase procedure work for NFA items if I don’t live in Virginia?

What are Pre-samples and Post-samples and why are they cheaper than the other guns?

What is a Class 3 License?

Do I need a license to buy a machine gun or silencer? (NFA items)

Where do I get a permit for a machine gun, Silencer, Short Barreled shotgun or rifle? 

What is the charge for this transfer? 

What do you charge to be a transfer agent for a NFA item I purchased from someone  in another state and need to bring into Virginia?

When is it necessary to pay the tax fee twice? If I buy from an individual out of state, does the individual have to transfer the gun to a dealer in his state ($200) and then I pay another $200 dollars once the gun is in my state?

How do I make a semi auto gun into a machine gun?

Does owning a machine gun give Federal jack booted thugs the right to come into my house anytime they want to search it and stomp on Fluffy my poodle?

What is an NFA device?

When I buy a NFA device can I let someone else shoot it?

I am a law enforcement or military and want to purchase a NFA item to use for my official duties. What is the process?

I am the executor of an estate that has many firearms including machine guns and silencers, what am I to do with this stuff?

Are there any restrictions for the handling, possession and operation of firearms?

I am a US citizen and want to import a couple firearms from overseas, can you help me?

What is the proper procedure to follow when building an SBR?

How does the purchase procedure work for NFA items?

For Virginia residents we handle everything. You tell us what you want and arrange payment or deposit (1/3 down) for your purchase. 

We will then provide you with duplicate ATF Form 4's and two sets of fingerprint cards. The Form 4's must be filled out on both sides, with passport photos affixed to the backside of the form. You then must have the Chief Law-Enforcement officer sign the rear of the Form 4's attesting the prospective purchaser does not possess a criminal record and is not “wanted”. The two fingerprint cards must be completed and signed by a Law Enforcement agency.

 You will then return the paperwork to us along with a check or money order for $200 (the transfer tax).  We will review to make sure everything is correct and then send to the Department of the Treasury with your check or money order for the $200.00.

Once the paperwork is submitted, it normally takes up to 120 days 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 firearm or device.

How does this purchase procedure work for NFA items if I don’t live in Virginia?

You tell us what you want and arrange payment for your purchase. Since you are outside the state of Virginia, provide us the name of the Class 3 dealer you will be using to complete the transfer into your state. If you do not have a dealer, let us know and we will connect you with one.

Your dealer will send us the proper paperwork for this first transfer, we prepare and fax the Form 3 transfer to BATF immediately, and then once the transfer clears BATF (less than 2 weeks) we ship the gun to your dealer.

Your in-state dealer then takes you through the paperwork process.

We email/contact our customers each step of the way, so you will know when your item arrives in state and the next transfer, from your dealer to you, can begin.

What are Pre-samples and Post-samples and why are they cheaper than the other guns?

Both Pre-sample and Post-sample guns are defined by the Gun Control Act/McClure-Volkner Act.  Firearms designated "Pre-sample" may only be sold to other Class 3 gun dealers, and Post-samples may be sold to law enforcement agencies or the military ONLY!   They are not transferable to the general population. Transferable NFA items are those that are registered with BATF and in the system already. They are limited in number. This is why transferable guns are more expensive.

What is a Class 3 License?

A Class 3 Federal Firearms License is required for dealing, manufacturing, and importing firearms for the express purpose of revenue generation - not collecting. It is a felony to obtain a Class 3 License for the purpose of enhancing your collection.

Do I need a license to buy a machine gun or silencer? (NFA items)

No, you don't need a federal firearms license. If you are permitted by law to own a handgun and your state allows the transfer of machine guns (NFA items), you can buy one (unless you are in a state that requires a C&R License for machine gun ownership.

Where do I get a permit for a machine gun, Silencer, Short Barreled shotgun or rifle? 

You don't need a permit. You do need to complete an "Application For Tax Paid Transfer and Registration of Firearm", also known as a Form 4,  You also need to submit, in duplicate, a complete set of fingerprints and passport-size photos.

What is the charge for this transfer? 

When your application to Bureau of Alcohol, Tobacco and Firearms is submitted there is a $200 transfer tax per item to be paid for machine guns, short barreled shotguns, short barreled rifles and silencers and a $5.00 transfer tax for AOW.

What do you charge to be a transfer agent for a NFA item I purchased from someone  in another state and need to bring into Virginia?

We charge $100 dollars per machine gun. All other NFA items we charge $75. If it is not an NFA item, then our transfer fee is $25 plus $10 background check fee.

When is it necessary to pay the tax fee twice? If I buy from an individual out of state, does the individual have to transfer the gun to a dealer in his state ($200) and then I pay another $200 dollars once the gun is in my state?

The short answer is “yes”. When you are purchasing a suppressor, SBR, SBS, Machine Gun, AOW from an out of state resident (individual instead of a dealer) there are two ways of accomplishing the transfer.

The first and slower way is to do a Form 4 transfer to a local Class 3 SOT dealer. Once this is approved a tax free transfer can be made from that dealer to another dealer in the purchaser's state and then a second Form 4 transfer can be done from the buyer's dealer to the buyer. This will involve 2 transfer fees and generally each dealer will charge a fee for the paperwork and transfer.

The second method involves transferring it directly on a Form 4 to the buyers Class 3 dealer who is located in the same state as the buyer. Once this is approved a second Form 4 transfer can take place from the dealer to the buyer. This will involve 2 transfer fees and fees from the single dealer. This method should be quicker since the dealer to dealer transfer is eliminated.

How do I make a semi auto gun into a machine gun?

You don’t.  It is Illegal to convert any semi auto gun into a fully automatic gun PERIOD. No new machine guns can be made for civilian ownership, as per the 1986 ban. Don’t bother asking us to do anything illegal, we don’t desire to be your cellmate.

Does owning a machine gun give Federal jack booted thugs the right to come into my house anytime they want to search it and stomp on Fluffy my poodle?

No, having legally registered NFA items in your home does not give the BATF or the police the right to enter at will.

What is an 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 are regulated under the National Firearms Act (NFA) of 1934, by the Bureau of Alcohol, Tobacco, Firearms & Explosives (BATFE). These items have never been outlawed by the Federal government as many people believe.

When I buy a NFA device can I let someone else shoot it?

It is perfectly okay for you to let someone else see, handle and even use the device provided that you are physically present and in control of the device. However, you may not lend, sell or in any way physically transfer the device or the control of the device to anybody else.

I am a law enforcement or military and want to purchase a NFA item to use for my official duties. What is the process?

If you are a law enforcement officer or in the military and you would like to purchase a suppressor personally, even for official duty use, it must be done as an individual, tax paid, and through a dealer in your state of residence. We can however, sell directly to Law Enforcement Agencies and Military units for official purchases. These are done on a Tax Exempt Form 5 and the suppressors are the property of the agency or the US Government, not the individual.

I am the executor of an estate that has many firearms including machine guns and silencers, what am I to do with this stuff?

Call us, we will help. There are many things you need to be aware of. The primary concern is if the NFA items are “papered” meaning, were they legally held. If so, they can be legally transferred. If not, they are contraband. Find the paperwork. There should be approved and stamped ATF forms for each NFA item somewhere. If you cant find paperwork, provide us with serial numbers and we will inform you if paperwork exists for the device.  You will then need proof of your being the executor and a certified death certificate in order to submit new paperwork to ATF for any new transfers of these items.

Are there any restrictions for the handling, possession and operation of firearms?

Federal Law prohibits anyone in the following nine categories from handling, possessing or operating firearms:

  1. Convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year.
  2. Fugitive from justice
  3. Unlawful user of, or addicted to, any controlled substance.
  4. Adjudicated as mentally defective, or has been committed to a mental institution.
  5. Alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa
  6. Discharged from the Armed Forces under dishonorable conditions
  7. Having been a citizen of the United States, has renounced his or her citizenship
  8. Subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner.
  9. Convicted of a misdemeanor crime of domestic violence.

You will have to certify you are not a prohibited person before handling or firing any of our firearms.

I am a US citizen and want to import a couple firearms from overseas, can you help me?

As a Federal Firearms Licensee, we may make an occasional importation of sporting firearms or ammunition (excluding surplus military ammo) for unlicensed persons in the state of Virginia, provided that the firearms and ammo are intended for personal use of the person for whom imported and not for resale. This would be done on a ATF Form 6. Black Widow would charge you an import fee over and above our typical transfer services we offer. See "Sales Transfers" page for price information.

What is the proper procedure to follow when building an SBR?

In order to build an SBR with an existing lower, the owner must apply for a SBR tax stamp using ATF Form 1, registering the SBR under a trust or as an individual.

Trust

Trust is a legal entity and as such can legally own assets. One of the most popular methods for getting a NFA stamp is using a trust for a couple reasons. Depending on the trust you select and it's legal language, the process of inheritance of NFA items can be considerably easier. A trust can provide the ability for the control to move to another person without actual ownership the of the item changing. Another benefit if you select a trust with the ability to add/remove co-trustees is you can allow other individuals to posses the same NFA items without you present.

Individual

Individual just as it sounds means you file the for the stamp in your own name and you are the sole owner of said NFA item. This also means you as the individual approved for the stamp are the only own that can solely be in possession. Others can use your NFA items but only if you are present. In the event you pass away, and a valid will is in place, your heir can request a tax exempt transfer of the NFA item into their possession.

The following information will be required to complete a Form 1:

  1. Original Manufacturer (as printed on the firearm)
  2. Type of Firearm (Short Barreled Rifle)
  3. Caliber (base number only, i.e. .300, 308, .223, etc)
  4. Model (as priced on the firearm from original manufacturer)
  5. Length of barrel (as measured from the bolt face to muzzle tip)
  6. Length overall (measure with stock fully extended and no removable muzzle device installed to the muzzle tip)
  7. Serial number (as priced on the firearm from original manufacturer)
  8. State why you intend to make a firearm ("for all lawful purposes")

The Form 1 can be filed electronically or on paper.  Electronic (or eForm/eFile) has some distinct advantages. When the form is submitted online, you are charged immediately and can pay via credit card. Approvals via electronic are slightly faster, especially with delivery of your approved paperwork. In the case of electronic you will immediately get an e-mail with the Form 1 stamp attached once approved. Paper file is still very popular. One distinct advantage of paper file is the ability to make some corrections to the form after review by the examiner. Whereas with electronic any error results in an immediate disapproved and you start over.

While awaiting approval, the firearm, still in title 1 configuration, can legally remain in your possession.  The Form 1 is a request for permission to manufacture an SBR.

Upon approval and receipt of the SBR tax stamp, firearms registered under a trust will require an updated Schedule A, listing the new SBR as an asset (Original Manufacturer, Country of Origin, Model Number, and Serial Number). The trust info will needed to be engraved on your firearm as new the manufacturer along with city and state where the trust is located (per your trust document). The engraving can be in plastic or metal along as it is at least .003" min depth and 1/16" min print size. The complete trust name along with the city and state the trust is located must be included in the engraving. Trust info can be engraved on the frame, receiver, or barrel. The receiver is the most popular location because any changes to the other components would not require the engraving to be repeated.

Finally you can legally manufacturer your new SBR.

Changing calibers and/or barrel length after receiving tax stamp

Your Form 1 was approved for a specific caliber, overall length, and barrel length. However you are allowed to "temporarily" change the upper length or caliber but only if you maintain the original upper and ability switch back afterward. If you sell the upper and switch permanently to a different upper then you would need to send a notification to the ATF letting them know of the official change. You do not pay the stamp or go through the Form 1 process again, just a notification.

Transporting SBR (in/out of state)

You are free to travel with your SBR within the same state as you reside. When traveling out of state first and foremost understand the laws of the state you are traveling. If local state residents can not posses a SBR then you as a visitor can not either. Before traveling across state lines with your SBR you need to submit a Form 5320.20 to the ATF and wait for approval. This form does not cost anything, but takes 4-8 weeks to get back approved so plan accordingly. Another option is temporally return the firearm to the title I configuration and then you can freely travel across state lines (again know local state laws for title 1 firearms).

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