Revised - 2/23/06
Who We Are
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 brochure
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 decedents 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 decedents 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 Us:
You may contact us at:
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)