Class 3 (III) FFL Dealer

Class 3 (III) FFL Dealer

 

NFA Firearms

Title II weapons, or NFA firearms, are restricted firearms and other devices regulated by the National Firearms Act (NFA). These items are only sold by specially licensed FFL dealers with a Class 3 Special Occupational Tax permit, which is why they are also often referred to as Class 3 weapons.

People looking to purchase these weapons must go through a licensed FFL Dealer who either has the item or can accept the transfer for the NFA device. After arranging with the dealer, it is then necessary to get approval for the transfer from the ATF. This is done by submitting an ATF Form 4. The cost to process the transfer is $200 and requires the applicant to submit identifying information. Approval for the item will come back in the form of a "tax stamp." Once the ATF approves the transfer, the buyer can then complete the transaction with their NFA Dealer.

It is also possible to "manufacture" certain NFA weapons by applying with ATF Form 1. This allows individuals to create short barreled rifles or shotguns.


Items are classified as Title II NFA weapons if they meet one or more of the following criteria:

Machine Guns

A "machine gun" is defined by the NFA as "Any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manual reloading, by a single function of the trigger." This definition has expanded to include any frame, or receiver of a machine gun, and/or any combination of parts intended to make a machine gun.

Examples include but are not limited to:

  • A Model 16 (M16) Rifle
  • A registered drop-in auto-sear (RDIAS) for an AR-15 platform lower receiver
 

Short-barreled Shotguns

A short barreled shotgun (SBS) is defined as a shotgun having a barrel of less than 18 inches, or a weapon made from a shotgun where the resultant weapon has a total length less than 26 inches.

Examples include but are not limited to:

  • A Mossberg 590 A1 Short Barrel Shotgun
  • Serbu Super Shorty 870 12 Gauge Short Barrel Shotgun
  • A "sawed off" shotgun with a barrel of less than 18 inches
 

Short-barreled Rifles

A rifle is a weapon defined as a weapon designed to be fired from the shoulder and fire one bullet at a time through a rifled barrel. A short barreled rifle (SBR) is defined as a rifle having a barrel of less than 16 inches, or a weapon made from a rifle where the resultant weapon has a total length less than 26 inches.

For weapons with folding or telescoping stocks, the measurement is made with the stock unfolded as intended for use as a rifle. Weapons with easily detachable stocks are measured with the stock detached. Barrel length is measured from the end of the muzzle to the front of the breechface.

Of particular note, modern pistols modified with shoulder stocks may be considered short barreled rifles if they meet the other criteria.

Examples include but are not limited to:

  • The M4 Carbine
  • A semiautomatic Glock pistol with a shoulder stock
 

Destructive Devices - Explosive Ordnance

Explosive ordnance is defined as any explosive, incendiary, or poison gas, including bombs, grenades, rockets, missiles, mines and similar devices. This definition has expanded to include parts intended for making such a device.

Small rockets with less than four ounces of propellant are exempt.

Examples include but are not limited to:

  • A Claymore Mine
  • Any type of improvised explosive device (IED)
 

While explosive ordnances are classified as NFA firearms, no state allows for their ownership with or without a gun trust.


Destructive Devices - Large Bore Firearms

A large bore firearm is defined as any projectile weapon with a bore diameter greater than half an inch (50 caliber).

Exemptions include most shotguns other than ones specifically classified by the ATF as "combat shotguns" and devices not intended or not likely to be used as a weapon such as flare launchers with non-weapon rounds, or line throwing devices. Antique firearms are also exempt if they are "not likely to be used as a weapon". They must have been manufactured before 1898 and may not use conventional ammunition. EG Flintlock pistols.

Examples include but are not limited to:

  • The Anzio 20mm Rifle
  • Flare launchers with anti-personnel rounds
 

While large bore firearms are classified as NFA firearms, no state allows for their ownership with or without a gun trust.


Silencers

A silencer or suppressor is defined as any device for silencing, muffling or diminishing the report of a portable firearm. This definition has expanded to include any combination of parts intended for use in assembling or manufacturing a firearm silencer.

Examples include but are not limited to:

  • Any commercial suppressor on the market today
 

Any Other Weapon - AOW

Any other weapon (AOW) is a catch-all category and is defined as "any weapon or device capable of being concealed on a person from which a shot can be discharged through the energy of an explosive".

An AOW can be transferred to eligible persons with a $5.00 BATFE stamp as opposed to the $200.00 stamp required for other Class 3 weapons.

Examples include but are not limited to:

  • A pistol with a forward grip
  • A Cane Gun