The National Firearms Act (NFA) Branch of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) maintains the National Firearms Registration and Transfer Record (NFRTR) and processes applications and notices associated with the manufacture, registration, transfer, and transportation of NFA firearms. The NFA Branch assists registrants of NFA firearms and members of the firearms industry in complying with Federal law and regulations regarding the possession, movement, and transfer of NFA firearms; reports of loss or theft of an NFA firearm or registration document; and other issues regarding changes concerning NFA firearms registration. This web page provides information frequently requested from the NFA Branch. Information relating to the NFA and other firearms laws is available at the ATF Internet website at www.atf.gov.
Certain NFA forms are also available at the ATF Internet website for downloading.
Acquiring NFA Firearms
All NFA firearms that are not in possession or control of the United States government must be registered. Possession of an unregistered NFA firearm is a violation of Federal law and subjects the possessor to possible criminal prosecution and the seizure and forfeiture of the firearm. Individuals not otherwise prohibited by Federal, State, or local law may lawfully acquire an NFA firearm in one of three ways:
- A registered owner of an NFA firearm may apply to ATF for approval to transfer the firearm to another person residing in the same State or to a Federal firearms licensee in another State;
- An individual may apply to ATF for approval to make and register an NFA firearm (except for a machine-gun); or
- An individual may inherit a lawfully registered NFA firearm.
NFA Firearms in Estates
The executor of an estate that includes registered NFA firearms is responsible for maintaining custody and control of registered NFA firearms and for arranging for transfers of the firearms. The executor should take this action as soon as possible, generally by the close of probate. However, ATF will allow the executor reasonable time to arrange for the transfer of the registered firearms in a decedent’s estate. Firearms may not be transferred to another party, such as a Federal firearms licensee, for consignment or safekeeping. This is a transfer, which is subject to the requirements of the NFA and must be approved by ATF; however, a licensee may assist the executor by identifying purchasers and by acting as a broker.If the registered firearms are to be transferred to a lawful heir (beneficiary), the transfer from the estate is made on a tax-exempt basis. A lawful heir is anyone named in the decedent’s will or, in the absence of a will, anyone entitled to inherit under the laws of the State in which the decedent last resided. The executor would apply on ATF Form 5, Application for Tax Exempt Transfer and Registration of a Firearm for the transfer to a lawful heir. The executor signs the application as the transferor, representing the estate. An NFA firearm may be transferred directly interstate to a beneficiary of the estate. When an NFA firearm is being transferred to an individual heir, his or her fingerprints on FBI Forms FD-58 must accompany the transfer application. If any Federal, State or local law prohibits the heir from receiving or possessing the firearm, ATF will not approve the application. If the registered firearms will not be transferred to a beneficiary, with certain exceptions, the transfer from the estate is subject to the transfer tax. ATF Form 4 is used to apply for the tax-paid transfer of a serviceable NFA firearm to a person outside the estate. ATF Form 5 is used to apply for the tax-exempt transfer of an unserviceable NFA firearm to a person outside the estate or for the transfer of a serviceable NFA firearm to a government agency. As noted above, all requirements, such as the fingerprint cards for transfers to individuals and compliance with State or local law, must be met before an application may be approved.If an NFA firearm in the estate was imported for use as a “sales sample,” this restriction on its possession remains. An NFA firearm with this type of restriction can only be transferred to a government agency or a Federal firearms licensee who has paid the special (occupational) tax to deal in NFA firearms.If there are unregistered NFA firearms in the estate, the firearms are contraband and cannot be registered by the estate. The executor of the state should contact the local ATF office to arrange for the abandonment of the unregistered firearms.
Moving Registered NFA Firearms Interstate
Individuals other than qualified Federal firearms licensees must obtain permission from ATF prior to temporarily or permanently moving a machine-gun, short-barreled shotgun, short-barreled rifle, or destructive device interstate. To obtain permission to move these firearms, please submit to ATF either a letter requesting permission to move them or an ATF Form 5320.20, Application to Transport Interstate or Temporarily Export Certain NFA Firearms. This form is available at the ATF Internet website or may be obtained by contacting the NFA Branch. If you are submitting the request by letter, please include the:• Name of registrant;
• The firearm(s);
• The current location of the firearm(s);
• The location to which the firearm(s) will be transported;
• The date(s) and means of transportation (car, plane, boat, etc.); and
• The reason the firearm is being moved.Please also indicate in the letter whether: (1) the move is temporary or permanent; (2) the move will involve a transfer of the title; and (3) whether the possession of the firearm will violate local or State law at the destination. The ATF Form 5320.20 includes these requirements. Requests for interstate transportation will be denied by ATF if possession of the firearm at the destination will violate State or local law. Registrants do not have to obtain permission from ATF to move a silencer or “any other weapon” interstate. However, if a registrant’s address for these types of firearms changes after registration with ATF, please notify the NFA Branch in writing of the new address, so the NFRTR can reflect the registrant’s correct address.
Moving Registered NFA Firearms Intrastate
Registrants are not required to obtain permission from ATF to move NFA firearms within their State of residence. However, if a registrant’s address changes after the NFA firearms are registered with ATF, please notify the NFA Branch in writing of the change so the NFRTR can reflect the registrant’s correct address.
Storage of NFA Firearms
To avoid unauthorized transfers, registrants must store NFA firearms so that no one else has access to them. Firearms may be stored at locations other than the address on the firearm registration form, such as a safe deposit box. However, unless the registrant is a Federal firearms licensee who has paid the special (occupational) tax to import, manufacture, or deal in NFA firearms, the NFA Branch should be notified in writing of the new storage location.
Lost or Stolen NFA Firearms
Upon discovering that a registered NFA firearm has been stolen or lost, the registrant is required to immediately notify the NFA Branch of the theft or loss and provide the following information:
- The name and address of the person to whom the firearm is registered;
- The lost or stolen firearm, including the model, manufacturer, caliber or gauge, and serial number; and
- The date and place of the theft or loss, including details of the situation.
Federal firearms licensees must report the loss of theft of their firearms inventory to both ATF and local law enforcement authorities within 48 hours of the discovery of the incident. Please contact ATF at our 24-hour, 7-day-a-week, toll-free hotline number, 1-800-800-3855. Within the 48-hour period, the licensee must complete and file with ATF an ATF Form 3310.11 (Federal Firearms Licensee Theft/ Loss Report). Licensees should provide their license number and the ATF representative will, in turn, issue an incident report number that must be documented in the licensee’s records. This form is available on the ATF Internet website.
Lost or Stolen Registration Documents
Upon discovering that a registration document has been stolen, lost, or destroyed, the registrant is required to immediately report the theft, loss, or destruction in writing to the NFA Branch. The report must contain the details of the situation. ATF will issue a duplicate copy of the registration document as circumstances warrant.
Changes to the Description of a Registered Firearm
When there is a change in the configuration of or a modification to a registered firearm, the registrant should notify the NFA Branch in writing so that the NFRTR can reflect the accurate description of the firearm.
Status Inquiries
Any inquiry relating to the status of an application to make or transfer an NFA firearm should be directed to the NFA Branch. Be aware that NFA registration information is classified as tax return information and any release by ATF is severely restricted. In general, only the applicant is entitled to the information.
How to Contact the NFA Branch
You may contact then at:
BATFE-NFA
244 Needy Road
Martinsburg, WV 25405
Phone: 304 616-4500 Fax: 304 616-4501
Hours: 8 a.m. to 5 p.m. Monday through Friday (except federal holidays)
Federal Gun Laws
Nearly twenty years after the passage of the Gun Control Act of 1968, Congress in 1986 passed major legislation amending the 1968 act. The Firearms Owners' Protection Act of 1986 (PL 99-308, revised in PL 99-360), commonly referred to as the Gun Control Act of 1986, is still in effect today. The battle over this piece of legislation was fierce. David T. Hardy described the reactions of those in favor and those opposed to its passage in "The Firearm Owners' Protection Act of 1986: A Historical and Legal Perspective" (Cumberland Law Review, vol. 17, no. 585, 1986). Those in favor, Hardy wrote, called its passage "necessary to restore fundamental fairness and clarity to our Nation's firearms laws." Those opposed called it an "almost monstrous idea" and a "national disgrace." The following sections compare the 1968 act with the present standards under the 1986 act.
Changes from 1968 to 1986
PROHIBITED PERSONS. The 1968 legislation identified the categories of people to whom firearms could not be sold by a Federal Firearms Licensee (FFL). These included convicted felons, drug abusers, and the mentally ill. The 1986 legislation clarified some inconsistencies in the 1968 act and made it unlawful for anyone, whether licensed or not, to sell a gun to a "high-risk" individual.
INTERSTATE SALES. Under the 1968 act, it was unlawful to sell or deliver a firearm to anyone from another state, with the exception of long guns (rifles and shotguns), which could be sold to residents of contiguous (bordering) states with laws allowing such sales. Inter-state over-the-counter sales of long guns by those licensed to sell them became legal as long as the laws of both states permit them. As of 2004, a ban on the interstate sale of handguns was still in effect.
PURCHASING FIREARMS AND AMMUNITION. The Gun Control Act of 1968 stated that firearms and ammunition could be purchased only on the premises of an FFL, and FFLs were required to record all firearms and ammunition transactions. The 1986 law made the purchase of ammunition and gun components by mail legal, as it had been prior to the Gun Control Act of 1968. Firearms dealers must keep records only of "armor-piercing" ammunition sales. Establishments that sell only ammunition (no firearms) do not have to be licensed, so stores that previously may not have carried ammunition because of licensing requirements can now do so.
CARRYING A GUN BETWEEN JURISDICTIONS. The 1968 act did not address the effects of state and local regulations concerning intrastate (within a state) transportation of weapons. The 1986 laws made it legal to transport any legally owned gun through a jurisdiction where it would otherwise be illegal, provided the possession and transporting of the weapon are legal at the point of origin and point of destination. The gun must be unloaded and placed in a locked container or in the trunk of a vehicle.
FEDERAL CRIMES. The 1968 legislation prohibited the carrying or use of a firearm during and in relation to a federal crime of violence. In addition, anyone convicted of this crime was subject to a minimum penalty over and above any sentence received for the primary offense. The 1986 act added serious drug offenses to the category of crimes and doubled the existing penalty if a machinegun or gun equipped with a silencer is used.
FORFEITURE OF FIREARMS AND AMMUNITION. Prior to 1986, any firearm or ammunition involved in, used, or intended to be used in violation of the Gun Control Act or other federal criminal law could be taken away from the gun owner. The Gun Control Act of 1986 made forfeiture no longer automatic. For some offenses, a willful element must be demonstrated; for others, "knowledge" is enough. In the case of a firearm being "intended for use" in a violation, "clear and convincing evidence" of the intent must be shown. In addition, only specified crimes now justify forfeiture, including crimes of violence, drug-related offenses, and certain violations of the Gun Control Act. In all cases, forfeiture proceedings must begin within 120 days of seizure, and the court will award attorney fees to the owner if the owner wins the case.
CRIMINAL PENALTIES. The 1968 law stated that a demonstration of "willfulness" was not needed as an element of proof of violation of any provision of the act, while the Gun Control Act of 1986 required proof of "willful" violation or a "knowing" violation in order to prosecute. The 1986 act also reduced licensee recordkeeping violations from felonies to misdemeanors.
LEGAL DISABILITIES. Under the 1968 law, any person who had been convicted of a crime and sentenced to prison for more than one year was restricted from shipping, transporting, or receiving a firearm and could not be granted a Federal Firearms License. State pardons could not erase the conviction for federal purposes. On the other hand, a convicted felon could make a special request to the secretary of the treasury to be allowed to possess a firearm. The secretary of the treasury had to certify that the possession of a firearm by a convicted felon was not contrary to public interest and safety and that the applicant did not commit a crime involving a firearm or a violation of federal gun control laws.
Under the 1986 act, state pardons can erase convictions for federal purposes, unless the person is specifically denied the right to possess or receive firearms. The 1986 law allowed those who violated the laws to appeal, even those whose crime involved use of a firearm or a federal gun control conviction.
MACHINE-GUN FREEZE. The National Firearms Act (1934) imposed production and transfer taxes, as well as registration requirements, on firearms typically associated with criminal activity. These restrictions specifically applied to machine guns, destructive devices such as bombs, missiles and grenades, and firearm silencers. A machine gun was defined as "any combination of parts designed and intended for use in converting a weapon to a machine gun."
The Firearms Owners' Protection Act of 1986 made it "unlawful for any person to transfer or possess a machine gun" unless it was manufactured and legally owned before May 19, 1986. In addition, the definition was revised to include any combination of parts "designed and intended solely and exclusively for use in conversion." By refusing to review a lower court's decision in Farmer v. Higgins (907 F.2d 1041, 1990), the U.S. Supreme Court upheld the ban on machine-gun ownership.
The Bureau of Alcohol, Tobacco, Firearms and Explosives’ National Firearms Registration and Transfer Record (NFRTR)
