II. laws
F. Class 3 (Machineguns, etc.) Firearm Information
1. General Guide to Class 3 Weapons
by James O. Bardwell
(bardwell@netcom.com).
FAQ ON NATIONAL FIREARMS ACT WEAPONS
Copyright by James O. Bardwell, 1994, 1995, 1996. Permission is given to
reproduce this document or portions thereof with attribution, for
non-commercial, or non-governmental use only. No claim to U.S.
statutes or regulations quoted herein.
This is accurate, to the best of my knowledge, as of 4/27/96.
Nothing written here should be taken as legal advice. If you have
a legal problem, talk to a lawyer.
Table of Contents
General Info on NFA weapons
Obtaining the law enforcement certification
NFA weapons and the 4th amendment
NFA weapon amnesties
Machine gun sears and conversion parts
DEWATs
Any other weapons
Destructive devices
Sound suppressors (Silencers)
Short barreled rifles
Appendix - State NFA restrictions
ATF Forms, FFL types (compiled by Trenton Grale)
GENERAL INFO ON NFA WEAPONS
Key to Abbreviations
AOW - any other weapon
ATF - Bureau of Alcohol, Tobacco and Firearms
ATT - Alcohol and Tobacco Tax Division of the IRS, the pre-68
administrators of the NFA
C&R - curio and relic
CFR - Code of Federal Regulations
DD - destructive device
FET - federal excise tax
FFL - federal firearms license
GCA - Gun Control Act
NFA - National Firearms Act
SOT - special (occupational) taxpayer
USC - United States Code
DEWAT - De-activated war trophy
What are NFA Weapons?
There are two kinds of firearms under U.S. (federal) law,
title 1 firearms and title 2. Title 1 firearms are long guns
(rifles and shotguns), handguns, firearm frames or receivers, and
most NFA weapons are also title 1 firearms. Title 2
weapons are NFA weapons. Title 2 of the 1968 Gun Control Act is
the National Firearms Act (26 USC sec. 5801 et seq.), hence NFA.
Title 1 is generally called the Gun Control Act, (18 USC sec. 921
et seq.). NFA weapons are sometimes called class 3 weapons,
because a class 3 SOT (see below) is needed to deal in NFA weapons.
These weapons may also be further regulated by states or
localities, and while these weapons can be legally owned under
federal law, some states and localities further regulate ownership
or prohibit it (see below). The NFA Branch of ATF administers the
National Firearms Registration and Transfer Record, which
necessarily encompasses most of the NFA regulation.
NFA weapons are: machine guns, sound suppressors (aka
silencers), short barreled shotguns, short barreled rifles,
destructive devices and "any other weapons". A machine gun is any
gun that can fire more than one shot with a single pull of the
trigger, or a receiver of a machine gun, or a combination of parts
for assembling a machine gun, or a part or set of parts for
converting a gun into a machine gun. A silencer is any device for
muffling the gunshot of a portable firearm, or any part exclusively
designed or intended for such a device (see discussion below). A
short barreled shotgun is any shotgun (shoulder fired, smooth bore)
with a barrel of less than 18" or an overall length of less than
26", or any weapon made from a shotgun falling into the same
length parameters. A short barreled rifle is a rifle (shoulder
fired, rifled bore) with a barrel length of less than 16", or an
overall length of less than 26", or any weapon made from a rifle
falling into the same length parameters (like a pistol made from
a rifle). In measuring barrel length you do it from the closed
breech to the muzzle, see 27 CFR sec. 179.11. To measure overall
length do so along, "the distance between the extreme ends of
the weapon measured along a line parallel to the center line
of the bore." 27 CFR sec. 179.11. On a folding stock weapon you
measure with the stock extended, provided the stock is not
readily detachable, and the weapon is meant to be fired from the shoulder.
A destructive device (DD) is a explosive, incendiary or
poison gas weapon, or any firearm with a bore over 1/2", with
exceptions for sporting shotguns, among other things (see
discussion below). Any other weapons (AOW's) are a number of
things; smooth bore pistols, any pistol with more than one grip,
gadget type guns (cane gun, pen gun) and shoulder fired weapons
with both rifled and smooth bore barrels between 12" and 18", that
must be manually reloaded (see discussion below). These
definitions are simplified, to see if a specific gun is a title 1
or 2 firearm one needs to refer to the specific definition under
the statute(s), and possibly consult with the Technology Branch of
ATF. There is also case law on the issue of whether a specific
item falls into one of these categories.
Owning or making an NFA weapon
It is illegal for anyone to have possession of an NFA weapon
that is not registered to them in the NFA Registry. It is also
not possible for anyone, except law enforcement, to register an
existing NFA weapon that is not registered, except immediately
after one is made by a class 2 NFA manufacturer. An individual
otherwise able to own any gun under federal law can receive and own
any NFA weapon (local law permitting, ATF cannot approve a transfer
where federal, state or local law would be violated by the
transferee possessing the weapon in question, see 26 USC sec.
5812(a)(6)) on a Form 4, "Application for Tax Paid Transfer and
Registration of Firearm". Non-FFL holders may only purchase an
NFA weapon from a dealer or individual within their own state. If
the weapon is located out of state it must be transferred to a
class 3 dealer within the state, before transfer to the non FFL
purchaser. C&R FFL holders (type 03) may purchase C&R NFA guns
from out of state dealers and individuals. Type 01 FFL holders
may purchase any fully transferrable (no dealer samples, see
below) NFA weapon, from an out of state source. If the FFL holder
is an individual he must submit fingerprints, photograph, and the
law enforcement certification.
The transfer involves paying the transfer tax, which is $200
for all the NFA weapons, except AOW's for which the tax is a mere
$5. Individuals also have to get one of several specified local
chief law enforcement officers to sign the form (see the section on
the law enforcement certification for more information), submit
their fingerprints in duplicate, and attach photos of the
transferee to the form. While the transfer tax is levied by law
on the transferor (seller), in practice the transferee (buyer) is
expected to pay the tax. Transfers to individuals tend to take at
least 4 months, although subesquent transfers can be quicker.
Or you can make any NFA weapon, except for machine guns (see
below), by filing a Form 1, "Application to Make and Register a
Firearm", and paying the $200 making tax, which applies to all of
these weapons, including AOW's. You may not make the proposed
weapon until the Form 1 is returned to you approved. The law
enforcement certification, photos and fingerprints also apply to
Form 1's, and in fact to any transaction to an individual.
Additionally the manufacturer of any NFA weapon, including an
individual making one on a Form 1 must mark the receiver of the
weapon with the maker's name and city and state. NFA Branch can
grant exemptions from this for DD's. All types of corporations, including
corporate type 01 FFL holders, need not do the certification,
photo and fingerprint requirements. Any of the forms listed, and
the fingerprint cards, are available for free from ATF, either in
Washington, D.C. or your local office.
The original of the paperwork, particularly any that have tax
stamps on them (Form 1 or 4) should be kept in a safe place. ATF
can demand to see the form (see below on your 4th amendment
rights). On a tax paid transfer, ATF puts a tax stamp, like a
postage stamp (or like the one that caused the American colonists
to take up arms), on the document. You paid $200 (or $5) for it,
and it is worth that. It is unwise to lose the original form.
They should be kept in a safe deposit box. Tax exempt forms (Form
2, 3, 5, 6, 10) have no tax stamp, and a copy of the form from ATF,
should the original be lost, will be fine. ATF can give you a new
tax stamp should you lose one, but expect a hard time, and they
have discretion in doing it. It is not unheard of for ATF to have
no record in their computer of a weapon registered to you. The
paperwork can avoid a lot of hassles. Additionally, if the gun in
question is a machine gun, not having the paperwork can lead to
being charged with a violation of 18 USC sec. 922(o). A federal
circuit court of appeals has ruled (US v. Just, - F.3d - (8th Cir. 1996))
that that law prohibits possessing all machine guns, and it is an affirmative
defense to such a charge that the weapon was legally possessed before
it took effect. It is up to the defendant to prove such a defense,
usually by a lower evidentiary standard than the government needs to
prove to show a criminal violation (usually preponderance of the evidence
versus beyond a reasonable doubt). It is not up to the government to
prove the weapon was not registered, for a charge under sec. 922(o). If you
don't have the paperwork, and it isn't in ATF's computer, (it is
likely they will check, even though they don't have to prove non-
registration) you can have a serious problem.
Taxpayer privacy
The transfer paperwork is nominally a tax return; the purpose
of the registration, and the National Firearms Registration and
Transfer Record (Registry) is keeping track of who owes the tax.
ATF takes the position that taxpayer privacy laws apply to a
transfer form, and that they may not discuss a pending transfer
with anyone but the taxpayer, who is the transferor (seller), as he
is responsible for the tax by law. This also serves to allow ATF
to refuse to discuss why a transfer is taking so long with the
party who is most interested in that question, the transferee
(buyer). The NFA also prohibits the use of the Registry
information for any law enforcement purpose except prosecutions for
making a false statement on a transfer form (26 USC sec. 5848).
Other tax laws prohibit the release of transfer information, as a
tax return, except for certain narrow public safety type
circumstances.
However, as most NFA weapons are also regulated by the GCA,
purchases from a dealer require the completion of the standard 4473
yellow form, as well as dealer bound book records, and this source
of information is not so similarly restricted. ATF may release
this information to local law enforcement for a host of law
enforcement purposes. (18 USC sec. 923(g)(1)(D)).
Tax exemptions
Law enforcement, states, and local governments are totally
exempt from the making and transfer (either to or from) taxes, but
must comply with the registration requirements. Federal government
agencies, military, and National Guard need not comply with the
registration or tax requirements.
There is no tax on transfers to anyone of a weapon that is
unserviceable. Making a weapon unserviceable means it is
permanently altered so that it cannot work, and is not readily
restorable. For example a gun can be made unserviceable by
welding the chamber closed, and welding the barrel to the receiver
or frame. An unservicable weapon is sometimes called a DEWAT, for
DE-activated WAr Trophy (see below).
There is no tax on a transfer to a lawful heir from the
owner's estate. Lawful heir just means someone named in a will to
get the weapons, or a person entitled to inherit under the
applicable intestacy laws if there was no will, or the will did
not apply. The heir must be able to own the weapon under state
and federal laws. The heir will have to do all the other steps of
a transfer to an individual. Unless the heir is a class 3 he may
not inherit post-86 machine guns (and would also need the police
demo letter, see below). I am unsure about a non-class 3
inheriting pre-86 samples (see below). A weapon to an heir may
also be transferred interstate, if need be; the gun need not be
transferred to a dealer in the heir's state, if the deceased owner
resided in another state.
Special (Occupational) Taxpayers (SOT) under the NFA are
exempt from some of the making or transfer taxes. All SOT holders
may transfer weapons between themselves tax free. However a
transfer between an individual and a SOT will require the tax. And
unless one has a class 2 SOT, there is a tax on making an NFA
weapon, except for making by or on behalf of a government entity.
SOT's need not get the law enforcement certification for any
transfer, except DD's (unless they have the appropriate FFL), even
for their own personal collection, although in that case they should
to pay the $200 tax. They also need not attach a photo to the
transfer paperwork, nor submit fingerprints. The Crime Bill
(9/14/94) now requires these things with FFL applications, and SOT
applications, however, and ATF was requiring them even before that became
law, since early 1994. If one plans to engage in business in NFA
weapons, one needs to be a SOT, just as one needs the FFL if they
plan to engage in the business with regular firearms or ammunition.
The classes of SOT holders
1 - importer of NFA firearms
2 - manufacturer of NFA firearms
3 - dealer in NFA firearms
A class 1 or 2 SOT may also deal in NFA firearms. A class 3
SOT costs $500 a year, due each July 1. A class 1 or 2 SOT costs
$1000 a year, except that SOT's who did less than $500,000 in
gross receipts in business the previous year qualify for a reduced
rate of $500 per year, also due July 1. One must also have the
appropriate FFL to engage in the specific activity, as well as the
SOT. This is because most NFA weapons are also title 1 weapons, and
thus both the law regulating title 1 weapons (the GCA) and title 2
weapons (the NFA) must be complied with. As with the privacy of
Registry information and transfer information, SOT status is also
protected tax information, and ATF will not release lists of SOT
holders, as they will of FFL holders.
If you were a Class 2 SOT, and thus a manufacturer of NFA
weapons you could make, tax free, a machine gun, silencer, short
rifle, short shotgun or AOW. You could also have weapons
transferred to you tax free, by other SOT's. You would also have
to have a type 07 or type 10 FFL. You would not need to ask prior
permission of ATF to make the weapon, you would notify them of its
making within 24 hours of its making by filing Form 2 with ATF.
You could also import foreign made NFA weapons, for R&D use (one of
each, not a bunch of each model). To import a machine gun you
would need a police letter, but for other weapons they would be
considered pre-86 dealer samples. To import for resale you need a
Class 1 SOT.
A sole proprietor SOT may keep any NFA weapon he has after
surrendering his SOT, as his personal property, except post-86
machine guns, discussed below. If ATF thinks, based on the
number of weapons retained and the timing, that your SOT status was
used to evade the transfer taxes, they may demand tax on all or
some of the guns, although you will be entitled to a credit against
that for your annual $500 or $1000 SOT tax.
Special treatment of certain weapons
Destructive devices are treated differently, in terms of
manufacturing or dealing. One must have a special FFL, (type 9, 10
or 11, to deal, make or import respectively) and be a SOT to make
one tax free or deal in them. But anyone can make them on a Form
1, tax paid.
Machine guns are also treated differently. In 1986, as part
of the Firearm Owners' Protection Act (FOPA), Congress prohibited
individuals from owning machine guns, and made it an affirmative defense
that the machine gun was registered before the act took effect (which
was 5/19/86). See 18 USC sec. 922(o) for the law. Thus as an
individual you can only legally own a machine gun that was
registered before that date. Any registered after that date can
only be owned by SOT's, law enforcement, and government entities.
A SOT may not keep these machine guns after surrendering his SOT.
In order to transfer one of these machine guns, the SOT must have
a request from an agency able to own one for a demonstration. Or
an order from one of those agencies to buy one. A class 2 SOT can
make machine guns for research and development purposes, or for
sale to dealers as samples, or for law enforcement. These are
commonly called post-86 machine guns.
On top of the FOPA machine gun restrictions, any NFA weapon
imported into the US after the Gun Control Act took effect (end of
1968) cannot be transferred to an individual. See 26 USC sec.
5844. They can be transferred to SOT's, without any police
demonstration request, and kept by the SOT after surrendering his
SOT. These are sometimes called "pre-86 samples", or "dealer
samples", although dealer sample can be used to refer to either a
post-86 machine gun or a any NFA weapon imported after 1968.
Transporting NFA firearms
In terms of moving the weapons around, the following applies.
If you are transporting the weapons within your state, it is wise
to keep a photocopy of the registration paperwork, whatever it is,
(can be Form 1, 2, 3, 4, 5, 6, or 10, as well as other more exotic
forms of registration, except you probably would never have a gun
on a Form 10, unless you were the police, in which case no one is
likely to hassle you about a gun you might have anyway) with the
gun. Federal law does not expressly require it, but it would be
foolish not to have ready proof the gun is legal. Many states do
require it, they ban all or some NFA weapons, and exempt from the ban
those possessed in compliance with federal law. In such a state you
need the federal paperwork to be legal under state law. If you
were a SOT you should keep a copy of your proof of being an SOT with the
paperwork when you move the guns around. But an individual who
surrenders his SOT can still have weapons that will be registered
on a Form 2 or Form 3 legally, so not having a copy of the SOT with
such paperwork proves nothing. You need not ask ATF for
permission when you move to a new address within the same state,
nor must you advise them of your new address.
To move weapons between states two rules apply. An individual
must get permission from ATF to move machine guns, short rifles,
short shotguns or destructive devices between states (or to
temporarily export them) before doing so. This includes taking
them somewhere to shoot them, or when moving. There is a form
called a 5320.20, and ATF will always approve them, and fairly quickly,
assuming the purpose (generally stated) for the movement is
legitimate, and the target state allows the weapon in question. A
FFL can move weapons (except DD's) interstate at will, no
permission is needed. But while most states that otherwise
prohibit some or all NFA weapons have exceptions for SOT's, or FFL's, a few
do not, and thus the person must make sure he will not be breaking any
laws. An unlicensed individual need not ask permission to move AOW's or
suppressor's interstate, again watch the laws at the target state.
Having the approved 5320.20 form for a suppressor or AOW can avoid
hassle while traveling. Lots of folks who think they know
something about the NFA don't know you only need permission for
interstate movement of some NFA weapons. ATF will approve a
5320.20 for suppressors and AOW's; they will approve a 5320.20 for
an FFL also, even if he doesn't need it by law. ATF will also now
approve a form 5320.20 for a period of one year, covering blanket
travel to a specific location, if you travel there frequently.
A C&R FFL holder can only move C&R NFA guns interstate
without a 5320.20. See 18 USC sec. 922(a)(4) for the law imposing the
5320.20 requirement.
A lost or stolen NFA firearm
A lost or stolen NFA firearm can be a real problem. It can be
a very expensive loss, as well as endangering the continued
lawfulness of owning NFA firearms, both at a state and federal
level. Contrary to what you might hear, NFA firearms, machine guns
and silencers in particular, are very rare in crime. A significant
source of such weapons in crime is stolen NFA firearms, from law
enforcement, the military and civilian collectors. A crime spree
with a stolen NFA firearm can lead to restrictive state or local
legislation, as well as local law enforcement refusing to continue
providing the law enforcement certification needed for transfers to
individuals. Safeguarding NFA firearms is not required, but seems
to me to be extremely prudent, both to preserve the firearm, as
well as its continued legal ownership. Reporting the theft of an
NFA weapon to law enforcement is the only way to even have a chance
at recovering the gun, and preventing its use (or further use) in
crime. I think reporting its theft is a good idea. Below is what
is required, as opposed to what is a good idea.
ATF has made up a rule, 27 CFR sec. 179.141, that requires the
owner of a lost or stolen NFA weapon to make a report "immediately
upon discovery" to ATF including the name of the registered owner,
kind of firearm, serial number, model, caliber, manufacturer, date
and place of theft or loss and "complete statement of facts and
circumstances surrounding such theft or loss." However Congress
has passed no law authorizing ATF to make such a requirement, and at
a 1984 Congressional hearing then ATF Director Stephen Higgins admitted
there is no penalty for not complying. See "Armor Piercing
Ammunition and the Criminal Misuse and Availability of Machineguns
and Silencers", Hearings Before the Subcommittee on Crime of the
Committee of the Judiciary House of Representatives, Ninety-Eighth
Congress, Second Session, May 17, 24 and June 27, 1984, Serial No.
153, G.P.O. 1986, page 129.
However, if one is a FFL holder, one is required by law
to report the theft or loss to both local law enforcement and ATF.
As part of the Crime Bill (9/13/1994), 18 U.S.C. sec 923(g) was
amended to require, "(6) Each licensee shall report the theft or
loss of a firearm from the licensee's inventory or collection
within 48 hours after the theft or loss os discovered, to the
Secretary and to the appropriate local authorities."
ATF has created interim rules to implement PL 103-322, and they
are a little more specific, and a little more onerous:
27 CFR Sec. 178.39a Reporting theft or loss of firearms.
Each licensee shall report the theft or loss of a firearm from
the licensee's inventory (including any firearm which has been
transferred from the licensee's inventory to a personal collection
and held as a personal firearm for at least 1 year), or from the
collection of a licensed collector, within 48 hours after the theft
or loss is discovered. Licensees shall report thefts or losses by
telephoning 1-800-800-3855 (nationwide toll free number) and by
preparing ATF Form 3310.11, Federal Firearms Licensee Theft/Loss
Report, in accordance with the instructions on the form. The
original of the report shall be forwarded to the office specified
thereon, and Copy 1 shall be retained by the licensee as part of
the licensee's permanent records. Theft or loss of any firearm
shall also be reported to the appropriate local authorities.
Sec. 178.129 Record retention.
* * * * *
(b) Firearms transaction record, statement of intent to obtain
a handgun, reports of multiple sales or other disposition of
pistols and revolvers, and reports of theft or loss of firearms.
* * * * * *
Licensees shall retain each copy of Form 3310.11 (Federal Firearms
Licensee Theft/Loss Report) for a period of not less than 5 years
after the date the theft or loss was reported to ATF.
This reporting requirement only applies to FFL holders, that is folks
licensed by ATF to make, sell, import or collect guns. This does not
include folks who just own an NFA weapon.
Repairing NFA weapons
As it is illegal for anyone to have possession of an NFA
firearm that is not registered to them, getting the guns repaired,
or worked on, can be a hassle. There are two choices: if the
gunsmith is in the same state as the registered owner the owner can
take the gun in, and wait while it is worked on. If the owner
cannot wait, the gun must be transferred to the gunsmith, on a Form
5, and returned to the owner by filing a Form 5 to transfer
possession back to the owner. If one wishes to have an
out-of-state gunsmith work on the gun, even if the owner can wait
with the gun, the owner must either transfer it to the gunsmith, or
file the form 5320.20 to move it interstate to the gunsmith. One
need not be an SOT to have NFA weapons transferred to him for
repair. One does need to have a type 01 FFL to work as a gunsmith
though. NY, in a fit of benevolence, allows licensed gunsmiths
there to receive machine guns for repair, when machine gun
possession there is otherwise limited to the police, and
manufacturers with government contracts. When submitting a Form 5
for repair one checks the "Other" box in item 1, type of transfer,
writes in "repair" next to the box, and submits a letter detailing
(generally, e.g. "The purpose of this transfer is to have the
[weapon] refinished.") what is to be done. The back of the form,
with the certifications and photograph need not be completed. The
turnaround time on Form 5's for this purpose seems to be at least
a month, or a minimum wait of two months, to transfer it to the
'smith and back. There is no transfer tax.
Additional info sources
One of my main sources of information is a magazine called
Machine Gun News. It is quite good for sorting out the intricacies
of the law, as well as info on guns, suppressors and other NFA
stuff. Well worth a subscription, I think. Costs $34.95 for a 1
year subscription (12 issues) from, P.O. Box 459, Lake Hamilton AR
71951. Or call (501) 525-7514. They can take your mastercard or
visa over the phone. They also put out a book called the "Machine
Gun Dealer's Bible", by Dan Shea, for $64.95 plus $4 shipping. It
is supposed to be quite useful.
Another good source of information is the ATF publication,
"Federal Firearms Regulations Reference Guide" ATF P 5300.4 (10-95).
It contains the GCA, NFA, and the regulations promulgated under
those laws, as well as other useful information. Unlike the old
"Red Book", (this has a yellow cover), this one has the Crime Bill,
and Brady law in it. It also has the Brady regulations, and the interim
Crime Bill regulations. ATF also publishes a compilation of
state laws, "State Laws and Published Ordinances-Firearms", ATF
P 5300.5 (10/94). Both are free from ATF. To get forms, or the books,
you can write to ATF Distribution Center, PO Box 5950, Springfield,
VA 22150-5950. Or phone them at (703) 455-7801. Or your local ATF
office should be able to supply them also.
Some handy ATF phone numbers:
NFA Branch (202) 927-8330 - This is the office that handles all
transfers of NFA weapons, and maintains the Registry.
NFA Branch FAX (202) 927-8601 - You can fax Form 3 transfers in, as
well as Form 5 transfers for repair, and probably others as well.
Technology Branch (202) 927-7910 - This is the office that makes
all determinations as to whether something falls into one of the
NFA categories, as well as determinations as to importability, and
many other technical issues to things regulated by ATF (at least as
to firearms).
Import Branch (202) 927-8320 - This office handles permits to
import firearms, parts and other related items regulated by
federal law.
GETTING THE LAW ENFORCEMENT CERTIFICATION
There are several solutions to the law enforcement
certification problem. They all require persistence, but less work
than being a legitimate NFA dealer, in my opinion. Becoming a
class 3 dealer is one solution though. Another solution is to
be incorporated. If you are a professional and are already
incorporated for your job (doctor, lawyer) your corp. can buy
NFA weapons, and the photo, police signoff and fingerprints are not
needed. Just a Form 4. The corporation might be buying
weapons for an investment, or for security, or for another good
reason. You could incorporate yourself just to get NFA weapons
also, although you should talk to a lawyer or another knowledgable
person about the downsides of being incorporated before just doing it.
As the weapons are registered to the company, and not the owner of
the company, they will have to be transferred out, tax paid, if the
corp. is ever dissolved. As corporate assets, creditors might get
them in the event of bankruptcy of the corp. In my opinion the best
thing is to have the weapons owned and registered to the person who
owns them, and not an intermediary. I also am aware that in some areas
of the country the corp. route may be the only way to own NFA weapons,
as a practical matter.
However, the below process is what the law and ATF regulations
contemplate as the way to get a signoff, if you need one. I worked
it out out of necessity; I had to use this process to get a signoff
in a basically anti-gun area of a pro-gun state. And it worked, I finally
found someone willing to sign off. I think it is worth a try. Faint
heart never won fair NFA weapon.
Step 1: You ask the following persons if they would sign; the
local chief of police, the local sheriff, the local district
(prosecuting) attorney, the chief of the state police, and the
state Attorney General. The CLEO can delegate the signing duty, for
his convenience. Insist they refuse in writing, if that is what
they will do. You may be surprised, one might sign. Assume they
all refuse. That list of persons comes from 27 CFR sec. 179.85,
which is the regulation that created the law enforcement
certification requirement for Form 4's. 27 CFR sec. 179.63 is the
companion regulation for Form 1's. It is NOT in any statute passed
by Congress. Although not listed, and ATF will NOT designate
federal officials as also acceptable (see below) other persons
whose certification has been acceptable in the recent past include;
local U.S. Attorney's, local federal judges, local U.S. Marshals,
and local F.B.I. agents. Other local federal law enforcement
agents might also work, like DEA or ATF (imagine accepting their
own certification!) or Secret Service. The federal law enforcment
agents should probably be in a supervisory capacity, like the head
of the field office or similar post.
It is helpful, in general, to quote the certification text,
that is what you are asking them to certify. For a Form 4 it
reads, "I certify that I am the chief law enforcement officer of
the organization named below having jurisdiction in the area of
residence of (name of transferee). I have no information that the
transferee will use the firearm or device described on this
application for other than lawful purposes. I have no information
indicating that the receipt and/or possession of the firearm
described in item 4 of this form would place the transferee in
violation of State or local law."
Step 2: Copy the refusal letters, and send the copies to the
NFA Branch of ATF. Ask them to designate other persons whose
signature would be acceptable, as the ones listed in the regulation
would not sign. They are required to do this by the same
regulation, it is the safety valve for when none of the designated
persons will sign. ATF will almost certainly say that they will
accept the certification of a state judge who has jurisdiction over
where you live (same as the chief, D.A. and sheriff in step 1, they
have to have jurisdiction over where you live) and who is a judge
of a court of general jurisdiction, that is a trial court that can
(by law) hear any civil or criminal case. No limit as to dollar
amount in civil cases, or type of crime in criminal cases. No
small claims court or traffic court type judges, in other words.
Let's assume they refuse.
Step 3: get back to ATF, Send them copies of the rejection
letters, and ask that they accept a letter of police clearance, or
a police letter saying you have no criminal record/history with
them, in lieu of the certification, together with your
certification that you are OK, and that the weapon would be legal
for you to have where you live. They will either respond OK, or
with more persons to try. If you reach the point where they will
not accept the police clearance letter, and not designate someone
who has not turned you down, you can sue, if the certification is
for a Form 1, or the transferor (seller) on a Form 4 can sue.
There is a case on this issue, Steele v. NFA Branch, 755 F.2d
1410 (11th Cir. 1985), where the federal appeals court said a
person trying to transfer a gun to one who was otherwise eligible
to own the gun, but could not get the certification from anyone
acceptable to ATF, could sue to force the transfer without it. In
the case Steele (the transferor in a Form 4 transfer) had not asked
everyone acceptable to ATF, as well as not alleged, as part of his
case, that the potential transferee was otherwise eligible by law
to own the weapon, and the case was disposed of on those grounds.
Note that the version of the regulation creating the certification
requirement, reproduced in the footnotes of ths case, has a
different list of acceptable persons. Apparently after some were
sued in connection with this case, all the federal law enforcement
officials were removed from the regulation. Correspondence from
ATF indicates they will not designate any federal officials as
other acceptable persons either.
This certification is not really a big deal, and it DOES NOT
expressly make the CLEO legally responsible for the weapon or your
use of it, or its theft. I have not heard of any successful case
against a chief law enforcement officer for signing the
certification for a gun that was criminally misused. That is, in
my opinion, a spurious excuse for not signing. There is a case on
this issue, Searcy v. City of Dayton, 38 F.3d 282 (6th Cir. 1994).
The estate of a drug dealer murdered by an off duty cop with his
personally owned "Mac-11" machine gun sued the city that employed
the cop. One of the grounds for suit was the police chief's
having signed the transfer paperwork for the murder weapon. The
court held that that count should have been dismissed by the trial
court; without a showing that somehow the act of signing was
negligent, (under Ohio law) and led to the harm (murder) complained
of, there was no cause of action. Signing the form was not
negligent in itself, nor was it a reckless or wanton act, as the
trial court claimed the plaintiff could try to prove at trial.
Although this case is only directly binding on the area of the 6th
circuit, and need not bind state courts, the court recognized what
common sense, and the certification say, the person signing does
not open himself up to any liability by doing so.
The case is something to which you can point a CLEO who claims
to refuse to do the signoff because of liability. Incidentally
Stephen Halbrook, a leading lawyer in gun rights cases, and a
longtime lawyer for the NRA, as well as an author, says in a note
in Machine Gun News (3/95) this case is the only instance of a
registered machine gun being criminally misued by its registered
owner he is aware of. And it was by a police officer.
Both the Steele and Searcy (and most of the other cases mentioned
in this faq) cases are available on the net. Look on the Web at:
http://www.cs.cmu.edu/afs/cs.cmu.edu/user/wbardwel/public/nfalist/index.html
The key to getting the LE certification is persistence.
NFA WEAPONS AND THE 4TH AMENDMENT
As to surrendering your 4th amendment (search and seizure)
rights, this is definitely true when one gets a Federal Firearms
License. The law allows the ATF to inspect your records and
inventory once every 12 months without any cause, and at any point
during the course of a bona fide criminal investigation (18 USC
sec. 923(g)). They may inspect without warning during business hours. The
only modification of the above pertains to the C&R FFL (type 03) where
ATF must schedule the inspection, (C&R FFL holders do not have
business hours) and they must have the inspection at their office
nearest the C&R FFL holders premises, if the holder so requests.
ATF may look around the licensed premises for other weapons not on
your records. This means they take the position that if your
licensed premises are your home they may search it, as part of the
annual compliance inspection. The constitutionality of the
warrantless "administrative search" of licensees provided for in
the Gun Control Act has been upheld by the US Supreme Court, see U.S.
v. Biswell, 406 U.S. 311 (1972). Biswell was partially overturned
by Congress by 1986 changes to the requirements for a warrant under the
GCA, but the administrative search provisions remain.
In addition, if one is also a SOT, ATF claims to have
the right to enter onto your business premises, during business
hours, to verify complaince with the NFA. Their regulation to
that effect is found at 27 CFR sec. 179.22. The regulation is
apparently based upon 26 USC sec. 7606:
7606. Entry of premises for examination of taxable objects.
(a) Entry during day.
The Secretary may enter, in the daytime, any building or place
where any articles or objects subject to tax are made, produced,
or kept, so far as it may be necessary for the purpose of
examining said articles or objects.
(b) Entry at night.
When such premises are open at night, the Secretary may enter them
while so open, in the performance of his official duties.
(c) Penalties For penalty for refusal to permit entry or
examination, see section 7342.
As 26 USC sec. 7342 provides for the penalty for a refusal to permit entry
under section 7606 it is worth a look:
7342. Penalty for refusal to permit entry or examination.
Any owner of any building or place, or person having the agency or
superintendence of the same, who refuses to admit any officer or
employee of the Treasury Department acting under the authority of
section 7606 (relating to entry of premises for examination of taxable
articles) or refuses to permit him to examine such article or
articles, shall, for every such refusal, forfeit $500.
They claims this right extends to examining your business records,
and firearms. This would only apply to your NFA firearms, although
they could presumably examine other guns to make sure they were not
NFA firearms, and subject to the law. This is not subject to the
controls found in the GCA, noted above, as the legal basis for the
search is not found there. So they could claim a right to do this
sort of search once a month, or once a week. I am not aware of any
abuse of the authority under this section. While the regulation made
by ATF only applies this authority to SOT's, the statute itself is
not so limited. At least one court case has suggested this power
is available to search an FFL holder who is not an SOT. (U.S. v.
Palmer, 435 F.2d 653 (1st Cir. 1970)).
As to one who is neither a FFL nor SOT, but only owns weapons
regulated under the National Firearms Act, the law seems clear, but
practice is a little murky. ATF may only compel you to show an
agent upon request the registration paperwork, that is the Form 1,
2, 3, 4, 5 or whatever else might have been used to register the
weapon. See 26 USC sec. 5841(e). They do not have any right to
compel you to show them the weapon. However they apparently (I
have no first hand knowledge) take the position that they can
compel one to show ATF the weapon upon request, even if the owner
has no FFL. As always the Fourth amendment applies, and ATF may
not enter your home or other place of storage of the NFA weapon,
nor seize the weapon, without a warrant, or without falling under
an exception the Supreme Court has created to the operation of the
Fourth amendment. They should also need a warrant to compel a
non-FFL holder to show them the weapon, and I would insist upon
that, myself.
AMNESTIES FOR UNREGISTERED NFA WEAPONS
As part of the new and revised 1968 National Firearms Act,
there was one amnesty where folks could register any NFA weapons.
It went from 11/02/68 to 12/01/68, although the paperwork backlog
went on for a while after. According to statistics in Machine Gun
News, 57,187 weapons were registered on Form 4467 ("Registration
of Certain Firearms during November of 1968"), which was the
amnesty registration form. This would have included weapons newly
subject to registration, when they had not been before, like
DEWAT's and destructive devices, as well as contraband firearms
that should have been registered before and were not. There was
also a no tax registration period after the enacting of the first
NFA, from July 26, 1934 up to September 24, 1934. Anyone in possession
of an NFA weapon as of the July 26 date was supposed to register it, even
if they no longer had it, on Form 1 (Firearms) in duplicate, with the
local IRS office. Not really an amnesty though, as the weapons were
legal to have before the law was passed, at least under federal law.
Some states had prohibited or regulated some NFA weapons before 1934. Before
the changes to the NFA in 1968, Form 1 was for a flat out registration
of an existing gun, no tax. A Form 1A was for a tax paid making, in
the way we understand a Form 1 now.
Before the NFA was changed in 1968, as part of the Gun Control
Act of 1968, one could register unregistered existing weapons,
however it meant you were admitting to possessing an unregistered
weapon. In fact the law required it, which was a reason the US
Supreme Court used in gutting the registration scheme of the old
NFA in Haynes v. US, 390 U.S. 85 (1968). (It violated the 5th
amendment right against compelling self-incrimination.) However if
there was no criminal intent to the possession (which tended to be
demonstrated by attempting to register the weapon) then sometimes
the Alcohol and Tobacco Tax Division of the Treasury Dept. would
accept the application to transfer the weapon, or to register it.
The Alcohol, Tobacco and Firearms Division of the IRS (created out
of the '68 GCA, it became the Bureau of Alcohol, Tobacco and Firearms
on July 1, 1972) continued this practice until 1971, with
the transferor instead of the transferee admitting to possessing an
unregistered weapon, when applying to transfer it.
The US Supreme Court, in the case U.S. v. Freed, 401
U.S. 601 (1971), decided existing weapons were unregisterable. The
provisions for requiring registration of existing (illegally
possessed) weapons were removed from the NFA in 1968, among other
changes. The Secretary of the Treasury is authorized to conduct
additional amnesties (Sec. 207(e) of P.L. 90-618, the Gun Control
Act), at his discretion, provided each is not longer than 90 days,
and are announced in the Federal Register. There has never been
one.
ATF recently (3/1/94) required owners of three 12 gauge shotgun models,
the USAS 12, Striker 12, and Street Sweeper, to register them as
destructive devices, owing to their non-sporting character, and
having a bore over 1/2 inch, as all 12 gauge shotguns do. This
is not exactly an amnesty, as the weapons were not NFA weapons when
made, and while ATF is not requiring the payment of the $200
making/transfer tax to register them initially, they had required
the registrant obtain the law enforcement certification on the
registration paperwork (Form 1). According to the 7/95 Machine
Gun News, NFA Branch has now dropped the requirement for the law
enforcement certification on the initial Form 1 registration,
subsequent transfers will be by the regular NFA procedures.
As this does constitute the addition
of existing unregistered weapons to the Registry, in my opinion the
Secretary should have used the amnesty procedures in the 1968 GCA.
He did not because he did not want folks to be able to register any
unregistered NFA weapon, there is not a procedure for limiting the
scope of an amnesty. However the fact that ATF chose not to follow the
law in changing the status of these weapons (either grandfather them, like
the open bolt MAC style semi-autos, or pre 11/81 AR-15 drop in auto
sears, or have an amnesty, and require they be registered) will
cloud any attempts to prosecute persons possessing these weapons
without having registered them. ATF began notifying owners of the
guns on 2/1/94 of the classification decision, and gave them 30
days to register the weapon or dispose of it, after notice.
Supposedly ATF calculated the 30 days from when the last owner
(they could locate) of a weapon was notified. If you purchased the
weapon privately, and there was no "forward trace" paper trail,
then you may not have known when the 30 days began to run. However
according to MGN, as of 7/95 ATF is still accepting registration
applications. It would be wise to contact them before assuming
they will not let you register such a gun, and either throwing it
away, or just keeping it w/o complying with the registration
procedures.
In all likelihood 18 USC sec. 922(o), the ban on civilian
possession of machine guns registered after the law took effect, or
never registered, precludes an Amnesty for machine guns. You could
register it, and comply with the NFA, but you would still be in
violation of 922(o), because the gun would have been registered after
the law took effect. The penalties are the same under either law. One
could register all other categories of NFA guns at an Amnesty.
MACHINE GUN SEARS AND CONVERSION PARTS
The definition of "machinegun" in the NFA (26 USC sec. 5845(b)
includes parts to convert a gun into a machine gun. Note that
conversion parts are not included in the definition of "firearm"
under the Gun Control Act, one of the few things I know of that is a
firearm under the NFA, but not the GCA. Thus the purchaser of a
conversion part from an FFL need not do a 4473 form, unlike
other NFA weapons. Of course the host gun, if purchased from an
FFL, will require the 4473. This reading of the law is based on
numerous statements from ATF, and the definition of "firearm" under
the GCA, which requires it be able to expel a shot. However, at
least one very slow judge has decided that somehow the definition
of firearm in the GCA "incorporates" the definition of "machine gun"
under the GCA (even though the law doesn't say that) and that a
machine gun conversion part is a "firearm" under the GCA as well
as the NFA. I think the judge is clearly wrong, even ATF reads the
law better than that, but the point is to be careful. The case is
U.S. v. Hunter, 843 F.Supp 235 (E.D. Mich. 1994), and also 863
F.Supp. 462 (E.D. Mich. 1994). These parts are commonly
known as registered sears, as well as other parts or sets of parts
to convert a gun into a machine gun.
In every case, the part(s) are installed into a semi-automatic
gun, and without any alteration to the semi-auto gun's receiver,
the new part(s) will allow the gun to fire as a machine gun. As a
general rule a sear conversion is less desirable than an original
gun, or a registered receiver conversion. This is because if the
registered part breaks or wears out it cannot be replaced, only
repaired, if possible. BATF considers replacing it with a new part
to be the new manufacture of a machine gun, and as a civilian you
could not own it, as it would have been made after the 1986 ban. This
wear/breakage thing is also true of the receiver on a gun where that
is the registered part, but in general the receiver is less subject to
wear or breakage than a small part, like a sear. Being larger, a
receiver may also be easier to repair. The sear conversion will not
be just like the original machine gun version; it will be working in
the semi-auto version of the gun. A registered receiver conversion can
(and should, but isn't always) be mechanically identical to the original
full auto version of the gun, and factory spare parts may be used. Some
sear conversions require altered parts, in addition to the registered
sear.
However for HK guns it is pretty much all there is, especially
if you want an MP-5 type gun. And if you want a version of the
Colt 9mm AR machine gun, the auto sear route is more plentiful than
the few registered receiver conversions, and the even fewer factory
Colt guns, as the model was introduced (1985) right around the same time
as the 1986 ban. And in general the sear or other registered part
is cheaper to buy than the same gun as a registered receiver, both
because you aren't getting a gun also, and because it is less
desirable. However you may find that due to the escalating value
of the semi-auto host guns, the converion part already installed in
a host gun may cost as much as a registered receiver conversion of
the same gun, like an IMI semi-auto UZI with a registered bolt
installed versus a registered receiver UZI conversion. It pays to
shop around.
A sear that does require alteration to the host gun's receiver
is not a conversion part, and is not able to be registered as such.
Some slipped by NFA Branch, in particular AK-47 "sears" that
required a hole be drilled in the gun's receiver, like a regular
receiver conversion of the semi-auto AK. Such "sears" in the hands
of innocent buyers were left on the Registry, with the requirement
that they were not to be removed from the host gun, in effect
converting them into receiver conversions in the eyes of BATF.
However any in the possession of the persons who made and
registered them were disallowed, and removed from the Registry.
See Vollmer v. Higgins, 23 F.3d 448 (D.C.Cir. 1994) for info on the AK
sears.
Some examples of conversion parts; a SWD Auto Connector (for AR
rifles), an AR-15 drop-in auto sear, an HK sear, as made by Fleming
Firearms and S&H Arms, among others, a AUG sear as made by Vollmer and
Qualified Manufacturing, an FN-FNC sear, as
made by S&H, an M-2 conversion kit for the M-1 carbine, registered
by several class 2's, a slotted UZI machine gun bolt, made by Group
Industries, and others, a Ruger 10/22 trigger pack, as made by John
Norell. There are also sears to convert Glocks and Beretta 92
pistols into machine guns, but I believe all of them are post-86
manufacture, and thus unavailable to civilians.
As the sears do turn the host gun into a machine gun, the host
gun is no longer regulated as a semi-auto, and is not subject to 18
USC sec. 922(v), or sec. 922(r), for example. Thus you may put an
HK sear in a post import ban SAR-8 rifle, for instance, and then put
a regular pistol grip stock set on that otherwise thumbhole gun, as
well as a regular slotted flash hider. The host gun need not even
have been on the planet when the sear was made. This is how Vollmer
keeps on cranking out MP-5's even though the new making of MG's for
civilians was ended in 1986. As long as the sear is in there you may
also have the barrel whacked down to below 16 inches; a machine gun is
not also a short barreled rifle. HOWEVER, if the sear is placed into a
second gun, the first gun is no longer a machine gun, and must
comply with the laws regulating it as a semi-auto. In my example,
the barrel must grow back, and the thumbhole stock needs to return.
If the sear in question is a AR-15 drop-in auto sear, the gun needs
to have the M-16 internal parts needed for the sear removed as
well, lest it be induced to fire more than one shot at a time, as
was done in the U.S. v. Staples case.
The ability to move the sear or other parts between like guns
is a nice feature of the sear; you can have all your HK guns be
full autos, one at a time, and only have one registered item, and
one transfer tax to pay, for example. However each sear or
conversion kit may require a bit of fine tuning to the host gun to
make it work, and this swapping feature may be overrated, depending
on the design of the sear and of the host gun.
NFA Branch desires that folks who install sears into guns
where the sear is not very accessible, HK guns in particular, tell
them the make, model and serial number of the gun into which the
sear is installed. This makes it easier on them, as they do not
have to open the gun up to see the sear, if they know that gun is
the one with the sear in it. This is called "marrying" the sear
to the gun. It is especially useful when the host semi-auto has
been modified so as to make it potentially illegal without the sear, like
putting a shoulder stock on an H&K SP-89 pistol, or cutting the barrel
of an HK-94 to less than 16 inches. You may "divorce" the two, but
don't if the host gun will end up an unregistered short barreled
rifle, or other unregistered NFA weapon. Often this marriage info
is in box 4(h) on the Form 4, so anyone who looks at the paperwork
can see the sear is in that gun; local law enforcement, for
instance.
If the gun is a sear conversion you may not alter the receiver
to full auto configuration, in particular you may not install a
push pin lower on your HK. You may alter a push pin lower shell
to accommodate your clip-on trigger pack, so it looks authentic,
but don't alter the receiver. You may also alter one of the MG
burst packs to fit on your semi-auto receiver, provided it is also
modified internally so it no longer just uses the MG trigger pack
with the original MG trip. Making an unaltered MG trigger pack
fit the semi-auto is making a new conversion device; some
registered HK conversion parts are MG trigger packs modified to fit
right on the semi-auto receiver.
This is an area with a variety of items registered; many in
the frenzy of registration after the 1986 making ban was being
passed into law, similar to the frenzy of making recently seen
during Congressional deliberation on the ban on new manufacture of
"semiautomatic assault weapons" for sale to civilians.
A few notes: before November, 1981, BATF did not
consider the drop-in AR-15 sear to be a machine gun in itself,
because you had to replace all the internal parts with M-16 parts,
as well as install the sear, and thus it didn't convert the AR by
itself. However in ATF Ruling 81-4, BATF changed its mind about what a
thing had to do in order to be a conversion part, grandfathered
all AR sears made before the ruling, and decided all made after that
needed to be registered. HOWEVER, the fact that the sear itself,
if made before 11/81, and sold through ads in Shotgun News to this
day (they sure made a lot of 'em back then, or maybe not) is not
required to be registered, DOES NOT mean you may install it in an
AR-15, or even possess it with an AR-15 rifle. Either scenario is a
machine gun also, and also needs to be registered. Except of
course you cannot register it anymore, and thus it is just a
millstone, waiting to send you to a federal prosecution. And that
exact scenario has been the basis for many prosecutions.
Likewise an M-1 carbine receiver and an M-2 carbine receiver
are identical, and all the parts to convert a gun from an M-1 to an
M-2 are available on the surplus market. HOWEVER having all the
parts, and an M-1, or even just some of the M-2 parts together, is a
machine gun under the NFA. While the US Supreme court decision in
the Staples case should help to protect truly innocent possessors
of such things, you are playing with fire.
Also a registered sear is not a license to use it to convert
any gun you wish. BATF takes the position that installing a HK
sear in any gun but an HK, or a HK clone gun (like one of the
Greek or Portuguese G-3 semi-autos) is not allowed, and is making
an unregistered machine gun. So while you can put it in any HK
type gun, don't put it in something else, like an FNC or AK (it has
been done) thinking the sear is a license to convert any gun you
can shoehorn it into. Or if you want to do that, take BATF to
court first, don't just do it.
DEWATs
A DEWAT is an unservicable gun that has an intact receiver,
thus, as of the GCA of 1968, it is a machine gun. In 1955 the ATT
decided that a gun that was a registered war souvenir (or for a
time, a contraband unregistered gun) could be removed from the
coverage of the NFA if it was rendered unservicable by steel
welding the breech closed, and steel welding the barrel to the
frame. All this was to be done under the supervision of an ATT
inspector. See Revenue Ruling 55-590. The gun became a wall
hanger, ornament, like parts sets
now. This was not the same as an unservicable gun, which was still
subject to the NFA, but exempt from the transfer tax. These steel
welded guns were DEWAT's. DEWAT stands for DEactivated WAr Trophy;
it was regularly done for servicemen who wished to bring home NFA
war souveniers. It was also done to WWI and WWII era guns imported
as surplus by companies like ARMEX International, and Interarmco,
and then sold through the mail in ads in gun magazines, Popular
Mechanics and the like. The glory days before 1968. A DEWAT
must now be registered to be legal, there is no longer a legal difference
between a DEWAT and an unservicable weapon. A few states only
allow individuals to own DEWAT machine guns, Iowa comes to mind.
A DEWAT machine gun transfers tax free, as a "curio or
ornament", on a Form 5. To be a DEWAT, a gun should have a steel
weld in the chamber, and have the plugged barrel steel welded to
the frame or receiver. Having said that, a gun may be registered
as unservicable and not be de-activated in this manner. It may have
cement or lead in the barrel, or a piece of rod welded, soldered or
brazed in the barrel. Despite the repeated warnings from ATT,
apparently DEWATs were made or imported that did not have steel
welds. And a weapon registered as "unservicable" before 1968
apparently was not held to these standards. The (ostensible)
reason machine gun receivers were redefined as machine guns, thus
bringing DEWATs under the NFA regulation was that folks were
regularly and easily making their DEWATs live guns w/o complying
with the law. Some barrel plugs were so poor they would fall out
with little coaxing. The thing with buying a DEWAT is that it may
be easy to make it live, or it may be hard. The gun may be
pristine or rather beat up. They usually cost less than a live gun
because they will not be 100% original if made live. However if
you just want a shooter buying a DEWAT and getting it made live can
often be cheaper than an original gun. DEWAT guns are best not
bought sight unseen, unless you do not wish to make it live, but
have it as a wall hanger. The exact state and extent of the welds
will determine how hard it is to make live. However if you want a
wall hanger, a dummy gun is much cheaper, and requires no paperwork.
They can look totally authentic. They do not have an intact
machine gun receiver, but a partially machined dummy receiver.
To re-activate the gun, ATF requires you file a fully
completed Form 1 (ie you get the gun on a Form 5, including the law
enforcement certification, photo and fingerprints. You have to do
all that again for the Form 1), and pay the $200 tax the gun was
exempt from before. Then when that is returned approved you can
break the welds off the receiver, and install a replacement barrel,
or get the weld out of the barrel, if a spare cannot be found. In
the alternative, a Class 2 manufacturer may re-activate the gun,
and file a Form 2 reflecting the gun is now live. ATF considers
re-activating to be manufacturing, and requires the re-activator to
mark the gun with his name and address, whether done on a Form 1 or
Form 2. If you sent your DEWAT to a Class 2 to make live he would
have to transfer it back to you on a fully completed Form 4, as a
tax paid transfer. These procedures are not in the NFA law nor the
regulations. They are apparently based in part on the Revenue
Rulings that created the DEWAT program in the 1950's. As a DEWAT
was not a NFA firearm, before 1968, requiring the making tax made
sense then as you were making a machine gun out of something that
was the equivalent of a door stop, legally. Now that is not true,
the DEWAT is a machine gun, and no making tax should attach, as you
are not "making" anything, merely changing the status of the gun.
Folks who are around mg's for very long will find there are
still a lot of DEWAT guns that were never registered during the
Amnsety, and are now contraband unregistered machine guns. Folks
have them in closets, up over the mantle... They can be stripped of
parts, to make a parts set, and have the receiver thrown away.
Torch cutting the receiver into 4 or more parts may be acceptable;
you would have to contact ATF to find out the current standard for
"de-mill"ing (short for demilitarize) a receiver; a de-milled
receiver is not a firearm, it is scrap metal. A receiver only cut
in half may well not be scrap; ATF has prosecuted folks where they
could duct-tape together the receiver and get the gun to fire.
Best to check on this before proceeding. The U.S. v.
Staples, - U.S. - (1994), decision should end such ridiculous
prosecutions, now the feds must prove, beyond a reasonable doubt,
you knew the gun was subject to the NFA, ie you knew it was a
machine gun, that it could fire more than one shot with a pull of
the trigger, and so on. But even if there were no prosecution, you
could lose the receiver and or parts to a forfeiture, if ATF though
it was in fact a machine gun, and it was not registered.
ANY OTHER WEAPONS
An AOW is:"...any weapon or device capable of being concealed
on the person from which a shot can be discharged through the
energy of an explosive, a pistol or revolver having a smooth bore
designed or redesigned to fire a fixed shotgun shell, weapons with
combination shotgun and rifle barrels 12" or more, less than 18" in
length, from which only a single discharge can be made from either
barrel without manual reloading, and shall include any weapon which
may be readily restored to fire. Such term shall not include a
pistol or revolver having a rifled bore, or rifled bores, or
weapons designed, made or intended to be fired from the shoulder
and not capable of firing fixed ammunition." 26 USC sec. 5845(e).
Thus the question to be answered in deciding if a weapon is an
AOW would be, does it fit into any of the three categories below:
1) Is the weapon both not a pistol or revolver, and capable of
being concealed on the person?
2) Or is it a smooth bore pistol or revolver? Examples of this
include the H&R Handy-Gun, or Ithaca Auto-Burglar gun. This does
not include weapons made from a shotgun. That would be a short
barreled shotgun. The receiver of a smooth bore pistol, in order
to be an AOW, must not have had a shoulder stock attached to it,
ever. The shoulder stock attachment deal on some H&R Handy Guns,
with a stock, will make them into a short barreled shotgun.
3) Or is it a combination gun, a shoulder fired gun with both
rifled and smooth barrels between 12" and 18" long, and which has
to be manually reloaded? Examples of this include the M-6 military
survival gun, with a single shot barrel in .22 Hornet, and a
companion .410 shotgun barrel, as well as some models of the
Marble's Game Getter.
Weapons that fit the first category above are commonly called
gadget guns; pen guns, stapler guns, cane guns, alarm clock guns,
flashlight guns, the list of objects is pretty long. A few have
been removed from the scope of the law because their collector
status makes them unlikely to be misused; original Nazi belt buckle
guns for example. See the C&R list for these.
If the gun had rifled barrel(s) of less than 16", and it did
not have a shoulder stock it would be a pistol, unless it did not
have a single grip. ATF has made the questionable decision that a
handgun with more than one grip is an AOW. And no grip is pretty
clearly an AOW. This is based on the gun a) being concealable on
the person, and b) not meeting the definition of a "pistol" in the
regulations promulgated under the NFA.
27 CFR sec. 179.11 - "pistol. A weapon originally designed,
made and intended to fire a projectile (bullet) from one or more
barrels when held in one hand, and having: a) a chamber(s) as an
integral part(s) of, or permanently aligned with, the bore(s); and
b) a short stock designed to be gripped by one hand at an angle to
and extending below the line of the bore(s). The term shall not
include any gadget device, any gun altered or converted to resemble
a pistol, any gun that fires more than one shot without manual
reloading, by a single function of the trigger, or any small
portable gun such as: Nazi belt buckle pistol, glove pistol, or a
one-hand stock gun designed to fire fixed shotgun ammunition."
There is also a revolver definition, but it does not add anything
except a provision for guns with revolving cylinders, rather than
permanent chambers.
Note that this definition is only in the rules for the NFA,
and not the GCA. It is designed to interact with the AOW
definition. For example even though this definition excludes such
things as the .410 T/C Contender pistol from the pistol definition,
it is also not an AOW as it has a rifled bore. And it is also a
handgun under the GCA. The NFA statute does not define pistol or
revolver. I think that excluding handguns designed to be fired
when held in two hands is not necessarily justifiable. But it
allowed them to declare that an HK SP-89 pistol with a K grip is an
AOW. As is an M-11/9 or TEC-9 with a foregrip. The Auto Ordnance
1927-A3 pistol is exempted, for historical authenticity.
DESTRUCTIVE DEVICES
26 U.S.C. sec. 5845(f) "The term destructive device means
1) any explosive, incendiary or poison gas
A) bomb
B) grenade
C) rocket having propellant charge of more than four ounces
D) missile having an explosive or incendiary charge of more
than one-quarter ounce
E) mine, or
F) similar device
2) any type of weapon by whatever name known which will, or may be
readily converted to, expel a projectile by the action of a
explosive or other propellant, the barrel or barrels of which have
a bore of more than one-half inch in diameter, except a shotgun or
shotgun shell which the Secretary or his delegate finds is
generally recognized as particularly suitable for sporting
purposes; and
3) any combination of parts either designed or intended for use in
converting any device into a destructive device as defined in
subparagraphs (1) and (2) and from which a destructive device may
be readily assembled. The term 'destructive device' shall not
include any device which is neither designed nor redesigned for use
as a weapon; any device although originally designed for use as a
weapon, which is redesigned for use as a signalling, pyrotechnic,
line throwing, safety or similar device; surplus ordnance sold,
loaned or given by the Secretary of the Army pursuant to the
provisions of section 4684(2), 4685 or 4686 of title 10 of the
United States Code; or any other device which the Secretary of the
Treasury or his delegate finds is not likely to be used as a
weapon, or is an antique or is a rifle which the owner intends to
use solely for sporting purposes."
*--------
Secretary in the above refers to the Secretary of the Treasury,
unless it says otherwise. The fee for the FFL to deal in DD's is
$1000 a year (type 09), and one must also be a special taxpayer,
add another $500 a year. Making them requires a different $1000 a
year FFL (type 10), although an individual may make them on a Form
1, tax paid ($200). Transfers require the whole routine just like
full-autos; a form 4, $200 tax, a law enforcement sign-off,
pictures and fingerprints. Most class 3 dealers don't have the
$1000 a year FFL to deal in DD's. Note that antiques are
excluded. Thus the definition of an antique NFA firearm is
important.
26 USC sec. 5845(g) "Antique firearm.-The term 'antique
firearm' means any firearm not designed or redesigned for using rim
fire or conventional center fire ignition with fixed ammunition
and manufactured in or before 1898 (including any matchlock,
flintlock, percussion cap, or similar type of ignition system or
replicas thereof, whether actually manufactured before or after the
year 1898) and also any firearm using fixed ammunition
manufactured in or before 1898, for which ammunition is no longer
manufactured in the United States and is not readily available in
the ordinary channels of commercial trade."
Some examples of what is a DD and what is not:
Muzzle loading cannon - NOT, as it is an antique design, unless it
has some special features allowing breech loading.
Grenade - is a DD
Molotov cocktail - is a DD
M-79 or M-203 40mm grenade launcher - is a DD
Smooth bore 37mm projectile launcher - not a DD. Not even a
title 1 firearm. This falls under the signalling device
exception, I believe. Generally a large bore device for which no
anti-personnel ammo has ever been made will NOT be a DD. This used
to be true of the 37mm guns. However, according to ATF, some folks
have started making anti-personnel rounds for these guns, and ATF has
ruled that possession of a 37mm launcher and a bean bag or rubber shot
or similar round is possession of a DD, and at that point the launcher
needs to be registered. Put another pway, before you make or buy
anti-personnel rounds for your 37mm launcher, register it as a DD. The
rounds themselves, not being explosive, incindiary or poison gas, are
not regulated in themselves either. It is just the two together.
40mm grenade for an M-79 or M-203 - a DD.
Non-explosive 40mm practice ammo - not a DD. Commercial making of
it would require a type 10 FFL though, as although the ammo is not
itself classified as a DD, making ammo for a DD requires the FFL.
Non-sporting 12 gauge shotgun - is a DD, because it has a bore
over 1/2", and is not exempted unless it meets the "sporting use"
test. Check out the case Gilbert Equipment Co., Inc., v. Higgins, 709 F.
Supp. 1071 (D. Ala. 1989) for how the sporting use test has been
re-interpreted from what it meant when the law was enacted to having
ATF be arbiters of what is "sport".
Flame Thrower - not a DD, nor even a firearm. Unregulated as
to possession, under federal law. Great way to clear snow off the
driveway.
Japanese Knee Mortar - A DD. Even though there is no ammo
for it, explosive or otherwise, and hasn't been since 1945, because
anti-personnel ammo was made for it in the past, it is a weapon. As
it has a bore over 1/2" and isn't sporting, it is a DD.
SOUND SUPPRESSORS
While the statute calls these devices "silencers" or "mufflers",
the US NFA industry term is "sound suppressor", as the word silencer
has been given a negative connotation, and because it is
inaccurate, as these devices do not eliminate all sound from firing
a gun. However you can point the folks who get all high and mighty
about the use of the word "silencer" to this definition; it is the
legal term.
18 USC sec. 921(a)(24) "The term 'firearm silencer' or
'firearm muffler' means any device for silencing, muffling, or
diminishing the report of a portable firearm, including any
combination of parts, designed or redesigned, and intended for use
in assembling or fabricating a firearm silencer or firearm muffler,
and any part intended only for use in such assembly or fabrication."
As can be seen this covers improvised sound suppressors, and
component parts of a sound suppressor. There is no thresh hold
level of sound reduction for something to fall under this
definition. ATF used to require the device "appreciably" lower the
sound (see Revenue Ruling 57-38); now the working definition seems
to be anything that traps gas from the muzzle of the gun, or from
porting of the barrel, is a sound suppressor. In general recoil
compensators and flash hiders do not fall under this definition, but
some designs could fall into the category. As with any borderline
device the thing to do is to get a written opinion from the Technology
Branch of ATF. It is what they exist to do.
Note that the silencer definition applies only to devices for
firearms, ie powered by an "explosive". An air gun silencer is not
covered. But if it can be used on a firearm it would be. Thus an airgun
silencer permanently attached to the airgun, or too flimsy to be used
on a firearm, should be exempt. If you have an interest in pursuing
this line of thought submit a sample or drawings to ATF Tech. Branch.
I am not aware of any airgun silencer currently made, or determined to
be exempt from this definition. But clearly there is room under the
definition for such a gadget. Likewise, since antique guns, as defined
in the GCA are not "firearms", a silencer for such a gun is not, or should
not be, covered. Perhaps one fitted permanently to a pre-1899 gun? The
mind reels.
SHORT BARRELED RIFLES
A short barreled rifle (SBR) is defined in the law as:
26 USC sec. 5845(a)
* * * *
(3) a rifle having a barrel or barrels 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;
The NFA law also defines "rifle":
26 USC sec. 5845(c) "The term 'rifle' means a weapon designed or
redesigned, made or remade, and intended to be fired from the shoulder
and designed or redesigned or made or remade to use the energy of an
explosive in a fixed cartridge to fire only a single projectile through
a rifled bore for each pull of the trigger, and shall include any such
weapon which may be readily restored to fire a fixed cartridge.
Thus you can see why a machine gun is not also a short barreled rifle;
it is not a rifle. And you can see why a barrel is not subject to
regulation, or registration, in itself. It is a barrel, it cannot discharge
a shot. A receiver alone is also not a short rifle; a short rifle is
only a complete weapon that fits into the length parameters outlined.
ATF takes the position that this includes any combination
of parts from which a short barreled rifle can be assembled. And
they said this included a set of parts with dual uses. In the Thomspon/
Center Arms v. US case, they said it was a set consisting of
a receiver, a 16"+ barrel, a pistol grip stock, a shoulder stock,
and a <16" barrel. The idea of the kit was that you needed only one
receiver, and you could have both a rifle and pistol in one gun.
T/C made one set on a Form 1, then sued for a tax refund, claiming
the set was not a SBR, unless it actually was assembled with the
shoulder stock, and short barrel, something they instructed the
purchaser of the set not to do. The Supreme court disagreed with
ATF, and agreed with Thompson/Center.
The court said that a set of parts was not a
short barreled rifle, unless the only way to assemble the parts was
into a short barreled rifle. As this set had a legitimate, legal,
use for all the parts it was OK. However they also approved of lower
court cases holding that the sale by one person, at the same place,
of all the parts to assemble an AR-15, with a short barrel, was sale of
a SBR, even if they weren't assembled together at the moment of the bust,
and had in fact never been assembled. See U.S. v. Drasen, 845 F.2d 731
(7th Cir. 1988). This was because the only use for the parts was a SBR.
If the person in that case also had a registered M-16, then there would be a
legit use for the SMG barrel, and there shouldn't be a problem. And
the Court agreed, of course, that a fully assembled rifle with a barrel
less than 16", or an overall length of less than 26" was also subject
to registration. Although I don't believe it was addressed in the
case, the general rule is that an otherwise short barreled rifle that
is very easily restored to firing condition; e.g., one missing a firing pin,
but for that pin one may substitute a nail or other common object,
is also subject to the law.
Therefore, if one has a semi-auto HK-91, and an HK-93 converted
with an auto sear, and having a barrel less than 16 inches, one may
not remove the sear from the 93 and put it on the 91. That would
leave the semi-auto pack from the 91, and the receiver/barrel
combination from the 93; a set of parts for assembling a rifle, and
said rifle would have a short barrel, and further not be
registered. I think that if one disposed of all trigger packs
one had, except the one the sear was in, one could legally swap
it between the rifles, without having to register the 93 as a
SBR. The leftover 93 receiver and barrel setup would not be
capable of firing a shot, with the parts in the possession
of the owner, except with the sear converted pack, and using that on it
would be OK. HOWEVER, I think ATF would disagree, and would
prosecute should such an arrangement be attempted. If someone
is serious about doing this, they need to ask Technology Branch if
they would agree with the reasoning outlined. If they didn't, one
would need to sue, or run the risk of having to fight it in a criminal,
rather than civil, context.
APPENDIX
STATE NFA RESTRICTIONS
Here is my attempt to list what state allows what in terms of
NFA weapons. The "Y" indicates state law allows private
individuals to own the weapon in question. Most of the "Y" states
require the weapons be possessed in compliance with federal law to
be legal under state law. Some of the "N" states
may allow only police officers to possess them, or dealers, or
neither. Basically if the privileged class was so narrow, by
statute, I said "N". In many states the class of folks able to
own NFA weapons is narrow by practice (California), or because no
law enforcement officers will sign the certification needed for a
transfer to an individual. Some of the "N" states may also have
grandfathered weapons, the "N" applies to a current transaction.
Some "N" states may also allow unservicable weapons. Some states
may regulate one or more of these weapons as handguns.
KEY
MG - machine gun
SI - sound suppressor (silencer)
SR - short barreled rifle
SG - short shotgun
AOW - any other weapon
LBDD - large bore destructive device
EXPDD - explosive, incindiary or posion gas destructive device
state MG SI SR SG AOW LBDD EXPDD Comments
AK Y Y Y Y Y Y Y
AL Y Y N N Y Y ?
AR Y Y Y Y Y Y ? (state registration of pistol
cal. MG's over .30)
AZ Y Y Y Y Y Y Y
CA Y N Y Y Y Y Y (requires discretionary and rarely
issued permit for mg, lbdd or expdd from state Dept. of Justice;
no AOW pen guns; C&R sg, sr only)
CO Y Y Y Y Y Y Y (requires state permit for expdd)
CT Y Y Y Y Y Y ? (no select fire mg's-full
auto's only, after 1993 assault weapon ban, state registration of
mg's)
DE N N Y N Y Y N (no smooth bore pistol AOW's)
FL Y Y Y Y Y Y Y
GA Y Y Y Y Y Y Y (no incindiary expdd's)
HI N N N N N N N (A clean sweep!, the only state like this)
IA N Y Y Y Y Y Y (only si, sr, sg, lbdd and expdd
designated as collector's items by the Comm'r of Public Safety,
basically the C&R list)
ID Y Y Y Y Y Y Y
IL N N N N Y ? N
IN Y Y Y N Y Y N
KS N N Y N Y Y ?
KY Y Y Y Y Y Y ?
LA Y Y Y Y Y Y Y (mg's require a permit to
purchase - war relics only; mg's, sr, si, sg and some expdd's
require a permit to purchase)
MA Y N Y Y Y Y N (license for mg's required)
MD Y Y Y Y Y Y N (mg's must be registered)
ME Y Y Y Y Y Y Y
MI Y Y Y Y Y Y Y (apparently approved form 4
suffices for "license" for mg, si or some expdd (bomb) despite AG
opinion reprinted in ATF Green Book; no incindiary expdd; C&R sr,
sg only)
MN Y N Y Y Y Y ? (C&R mg, sg only, registration
required)
MO Y N Y Y Y N N (C&R mg, sr, sg only to non FFL
holders, C&R FFL holders any mg, sr, sg)
MS Y N Y Y Y Y Y
MT Y N Y Y Y N N (pistol cal. mg's over .30 must
be registered)
NE Y Y Y Y Y Y N
NC Y Y Y Y Y Y Y (sheriff's permit required for mg's;
must be FFL holder (including C&R) or must be for "scientific or experimental
purposes" for a mg, si, sr, sg lbdd and expdd)
ND Y Y Y Y Y Y Y (fed. "licensees" required to
register mg's, si, expdd with state when possessed for "protection
or sale")
NH Y Y Y Y Y Y Y
NJ Y N Y N Y N N (mg requires discretionary and rarely
issued permit from state AG)
NM Y Y Y Y Y Y Y
NV Y Y N N Y Y Y
NY N N N N ? Y N (some pen guns may be allowed)
OH Y Y Y Y Y Y Y
OK Y Y Y Y Y Y Y
OR Y Y Y Y Y Y Y (no incindiary expdd's)
PA Y Y Y Y Y Y N
RI N N N N Y Y ?
SC N Y N N Y Y ?
SD Y Y Y Y Y Y Y
TN Y Y Y Y Y Y ?
TX Y Y Y Y Y Y Y
UT Y Y Y Y Y Y Y
VA Y Y Y Y Y Y Y (state registration of all mg's)
VT Y N Y Y Y Y Y
WA N Y N N Y Y N (silencer may not be used on a
gun)
WI Y Y Y Y Y Y Y (permit required for expdd, no
incindiary expdd's; no pistol cal mg's w/o permit)
WV Y Y Y Y Y Y ?
WY Y Y Y Y Y Y ?
------------------------------------------------------------
ATF Forms and Descriptions, by Category and Number
This information is correct as of 20 February 1995; compilation is
copyright (c) 1995 by Trenton J. Grale. Permission is granted
herein to copy and distribute this document, in whole or in part,
with attribution, for noncommercial and nongovernmental use only.
ATF Forms (by Category)
Title II (All)
Form Title
--------------------------------------------------------------
1 (5320.1 ) - Application to Make and Register a Firearm
2 (5320.2 ) - Notice of Firearms Manufactured or Imported
3 (5320.3 ) - Application for Tax-Exempt Transfer of Firearm and
Registration to Special (Occupational) Taxpayer
4 (5320.4 ) - Application for Tax Paid Transfer and Registration
of Firearm
5 (5320.5 ) - Application for Tax Exempt Transfer and
Registration of a Firearm
9 (5320.9 ) - Application and Permit for Exportation of Firearms
10 (5320.10) - Application for Registration of Firearms Acquired
by Certain Governmental Entities
5320.20 - Application to Transport Interstate or to
Temporarily Export Certain National Firearms Act
(NFA) Firearms
5630.6A - Special Tax Stamp [for SOT]
5630.7 - Special Tax Registration and Return: National
Firearms Act (NFA)
Title I Transfers
Form Title
----------------------------------------------------------------
3310.4 - Report of Multiple Sale or Other Disposition of
Pistols and Revolvers
4473 (5300.9) - Firearms Transaction Record
5300.35 - Statement of Intent to Obtain a Handgun(s)
Licensing
Form Title
------------------------------------------------------------------
7 (5310.12) - Application for License
7CR (5310.16) - Application for License (Collector of Curios and
Relics)
8 (5310.11) - Federal Firearms License
5300.34 - Questionnaire for Responsible Persons
5300.36 - Notification of Intent to Apply for a Federal
Firearms License
5300.37 - Certification of Compliance with State and Local
Law
Export/Import
Form Title
-----------------------------------------------------------------
6 (5330.3A) - (Part I) Application and Permit for Importation of
Firearms, Ammunition and Implements of War
6 (5330.3B) - (Part II) Application and Permit for Importation
of Firearms [military]
6A (5330.3C) - Release and Receipt of Imported Firearms,
Ammunition and Implements of War
ATF Forms and Descriptions (in Numerical Order by Form)
Form Title
------------------------------------------------------------------
1 (5320.1 ) - Application to Make and Register a Firearm
2 (5320.2 ) - Notice of Firearms Manufactured or Imported
3 (5320.3 ) - Application for Tax-Exempt Transfer of Firearm and
Registration to Special (Occupational) Taxpayer
4 (5320.4 ) - Application for Tax Paid Transfer and Registration
of Firearm
5 (5320.5 ) - Application for Tax Exempt Transfer and
Registration of a Firearm
6 (5330.3A) - (Part I) Application and Permit for Importation of
Firearms, Ammunition and Implements of War
6 (5330.3B) - (Part II) Application and Permit for Importation
of Firearms [military]
6A (5330.3C) - Release and Receipt of Imported Firearms,
Ammunition and Implements of War
7 (5310.12) - Application for License
7CR (5310.16) - Application for License (Collector of Curios and
Relics)
8 (5310.11) - Federal Firearms License
9 (5320.9 ) - Application and Permit for Permanent Exportation of
Firearms
10 (5320.10) - Application for Registration of Firearms Acquired
by Certain Governmental Entities
3310.4 - Report of Multiple Sale or Other Disposition of
Pistols and Revolvers
4473 Pt. I - Firearms Transaction Record - Over the Counter
(5300.9)
4473 Pt. II - Firearms Transaction Record - Non Over the Counter
(5300.9)
5300.34 - Questionnaire for Responsible Persons
5300.35 - Statement of Intent to Obtain a Handgun(s)
5300.36 - Notification of Intent to Apply for a Federal
Firearms License
5300.37 - Certification of Compliance with State and Local
Law
5320.20 - Application to Transport Interstate or to
Temporarily Export Certain National Firearms Act
(NFA) Firearms
5630.6A - Special Tax Stamp [for SOT]
5630.7 - Special Tax Registration and Return: National
Firearms Act (NFA)
------------------------------------------------------------
[Note the difference between Federal Firearms License TYPE and
Special (Occupational) Taxpayer CLASS.]
Federal Firearms Licenses: Types, Fees, and Descriptions
[see 18 USC sec. 923(a), also ATF Form 7 and Form 7CR]
Note: these the ones that I know about; there are undoubtedly
others of which I am not aware.
Type Fee Description
---- ------ --------------------------------------------
01 $ 200 - Dealer, Including Pawnbroker, in Firearms Other than
/$90 Destructive Devices
02 - No longer used, was a Pawnbroker dealing in Firearms
other than Destructive Devices, eliminated by the
Brady law (1994).
03 $ 30 - Collector of Curios and Relics
04 - ? Either 4 or 5 was a dealer in ammunition,
eliminated by FOPA in 1986.
05 - ? No longer used.
06 $ 30 - Manufacturer of Ammunition for Firearms Other than
Ammunition for Destructive Devices or Armor Piercing
Ammunition
07 $ 150 - Manufacturer of Firearms other than Destructive
Devices
08 $ 150 - Importer of Firearms other than Destructive Devices
or Ammunition for Firearms other than Destructive
Devices, or Ammunition other than Armor Piercing
Ammunition
09 $3000 - Dealer in Destructive Devices
10 $3000 - Manufacturer of Destructive Devices, Ammunition for
Destructive Devices or Armor Piercing Ammunition
11 $3000 - Importer of Destructive Devices, Ammunition for
Destructive Devices or Armor Piercing Ammunition
20 $???? - Manufacturer of High Explosives [unconfirmed; see
February 1995 issue of Machine Gun News]
Note: fee is for a three year license. For a type 01 FFL it is $200
for the first three years, and $90 for subsequent renewals.
End-of-Document