What is NFA and Which Firearms Are NFA?

National Firearms Act

The NFA was originally enacted in 1934. Similar to the current NFA, the original Act imposed a tax on the making and transfer of firearms defined by the Act, as well as a special (occupational) tax on persons and entities engaged in the business of importing, manufacturing, and dealing in NFA firearms. The law also required the registration of all NFA firearms with the Secretary of the Treasury.

You can read more about the National Firearms Act and it’s revisions on the ATF’s website.

In order to manufacture, deal, or stockpile firearms regulated under the National Firearms Act (Silencers, etc), you will need to apply for and pay a Special Occupational Tax (SOT). If you are only dealing (not manufacturing), this can be a Class 3 SOT. If you would also like to manufacture NFA firearms, you will need a Class 2 SOT and register with ITAR. SOT is paid annually starting July 1. There is no prorated tax if you pay later in the year.

For more information about the NFA or the licensing required to manufacture or deal in NFA items please contact FFLGuard.

Which firearms are regulated under the NFA?

The following weapons are regulated under the National Firearms Act (NFA):

  1. A shotgun having a barrel or barrels of less than 18 inches in length;

  2. A weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;

  3. A rifle having a barrel or barrels of less than 16 inches in length;

  4. A weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;

  5. Any other weapon, as defined in subsection (e);

  6. A machinegun;

  7. Any silencer (as defined in section 921 of title 18, United States Code); and

  8. A destructive device.

[26 U.S.C. 5845; 27 CFR 479.11]

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