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NFA ownership was often a mystery to many. We commonly hear statements that a person may not own a machinegun, etc. We often here silencers are "illegal". These statements contain half-truths. We are here to inform you and make sure your purchase of NFA weapons is a simple and easy process. You CAN own machineguns, silencers, and other weapons regulated under the National Firearms Act of 1934 provided they are legal to own in your state. You must comply with federal, state, and local laws to do so. That is really a VERY simple process.....so simple..a caveman could do it:)
Here are general guidelines:
Ownership and possession:
Possession and ownership IS legal provided the weapons are properly registered
and comply with federal law.
May I possess it in MY state?
Some states may prohibit ownership and possession. State and local laws may also
require more stringent registration besides federal registration.
How old do I have to be?
Generally speaking: if you can legally purchase or possess a firearm and are
over 21 years of age you may purchase and possess a NFA weapon.
How much does it cost?
Individual entities including persons, corporation, trusts, etc must pay a one
time federal registration fee of $5 for an AOW or $200 for each machinegun or
suppressor.
How do I get a Class III license?
You do not need a Class III license unless you intend to engage in a firearms
business. You simply pay a one time federal registration tax on each weapon.
That simple!
I don't want the government coming into my house at 4AM
and they can do this without a search warrant!
You do not forfeit any rights such as search and seizure simply by owning a NFA
weapon. The myth that "the government" can come into your house at any time to
"view" your weapons is baloney. This is often confused with a licensed federal
firearms dealer whose business premises must be open for inspection by
authorized government officials. This in NO WAY applies to individuals and their
ownership of NFA weapons. I personally do not know anyone that was ever
approached by ATF or any government agency asking to see their NFA firearms.
How can I own these weapons?
What forms do I need?
What if the sheriff won't sign my form?
You can own these weapons and possess them registered in different ways. There are three distinct ways to register ownership of these weapons which we will describe here.
Registration in your individual name
Registration in a business name
Registration in a trust
Registration in your name:
Taking ownership in your name is one option of ownership. If you live in a
jurisdiction where law enforcement makes no issue of this you simply take the
application to your local chief of police or sheriff and ask them to sign the
application. Their signature is not permission to own the firearm but is
required for the application. Only the ATF has the final say on ownership. Some
buyers ask "what if they (ATF) doesn't approve the application. If you are 21 or
over, have no criminal record, and ownership is legal in the jurisdiction they
approve them.
If you live in a jurisdiction where the head of your local law enforcement
agency is not cooperative and will not sign the forms you will find it almost
impossible to take ownership in your name. Don't worry! If you cannot get a law
enforcement signature you can still purchase an NFA firearm. Below are two more
methods of ownership and these methods do have an advantage over purchasing one
in your name. A registration in an individuals name requires the application to
include a set of fingerprints, FBI background check, and photographs. The
additional fingerprint check slows down the application process.
Registration in a business name:
This form of ownership is easier because
there are no fingerprints to be taken and no photographs required. This form of
ownership is usually quicker but has disadvantages as well.
In the event an applicant could not get the required chief law enforcement
signature, many people formed corporations or other types of business entities
to take ownership. Don't do that if your only purpose is to purchase an NFA
firearm! However, if you currently have a corporation or LLC and wish to go this
route that is fine. Instead of having your name appear on the registration
papers the name of your business entity appears as the registered owner. If you
are an officer or director of a corporation or manage an LLC the firearm is
simply registered to the company. The negative side of business ownership is
having to keep the business active as long as NFA firearms are owned by the
company. If you sell the company the firearms go with the company to the new
owner. Florida has an annual business registration fee of $150. Therefore,
starting a legal business entity strictly for purchasing NFA firearms is
economically foolish. However, if you have an existing business and intend on
keeping it for years placing ownership of the firearm with the company is fine.
One advantage of this is that any officer or director of the company may possess
the firearm. Don't get any foolish ideas though. If an officer or director of
the company is prohibited from firearms ownership it is a crime for them to
possess any firearm...even one belonging to the company! If you cannot get a
signature for registration in your name and do not have a legal business entity
to register the firearm...don't worry! We have one more legal method for you to
purchase them.
Trust ownership:
Trust registration has become one of the most popular forms of NFA ownership.
Benefits include no fingerprint cards, no photographs, quicker application
processing, multiple trustees may legally possess the firearms, and upon death
the firearms are transferred to beneficiaries of your choice. One benefit of a
trust over a business entity registration is trusts generally do not have an annual renewal
or fees associated with them. In the State of Florida, for example, there is
no recording of a trust nor are there any fees required. This offers more
privacy than a business entity which is public record. If you want to get a
trust consult an attorney for guidence.
As you can see there are different ways to take possession of
NFA weapons. Each avenue has advantages and disadvantages. We are happy to help
you in any manner. Drop an email to John@nfasales.com.