Top Myths of NFA Weapons - Debunked!

0

Machine Guns and Suppressors are Illegal

FALSE! While some individual states may not allow the possession of such weapons, they are not unlawful under federal law. NFA act of 1934 makes the transfer of such weapons taxable, and created a registry for such weapons. No machine guns made after May 1986 can be entered in the registry, creating a de facto ban on the production of new machine guns for civilians. This de facto ban does not apply to other NFA items.

1

You Need a License to Buy That

FALSE! No License is required. What you need to do is pay a tax on the transfer of each item in your possession. The tax is currently $200 for machine guns, suppressors, short-barreled rifles/shotguns, and destructive devices. The transfer tax for Any Other Weapon is $5. Some states may have permitting or licensing requirements that have to be met prior to the purchase of NFA items, but there is no Federal "Class 3" license. That term is usually used to refer to a Class 1 FFL who has paid the SOT (Special Occupation Tax) fee to allow them to deal in Title II weapons and devices (NFA).

2

I Have to Pay the NFA Tax Every Year

FALSE! Another common myth; the transfer tax is paid once per transfer of the weapon, whether you own it for 10 days or 10 years.

3

You'll Have to Give Up Your 4th Amendment Protections

FALSE! This is an often repeated myth. No one can search your home (or whatever location you used for your ATF tax form) without your permission or a warrant just because you own NFA items.

4

If I Buy and NFA Item, I Have to Buy a Safe to Store It In

FALSE! While you are required to maintain control of your NFA items at all times (and a safe to which only you have access goes a long way to meeting this requirement), there is no law that requires you to buy a safe to store your NFA items.

5

No One Else Is Allowed to Use My NFA Weapons

FALSE! As long as you are maintaining control (which means you don't leave the NFA items in the sole care of someone other than yourself) your friends and family are welcome to use them, as long as you are physically present.

7

If I Die, the Government Gets My Stuff OR Another Tax Must Be Paid by My Heir.

FALSE! The government (aka the ATF) will not get to take your NFA items if you die. You can will them TAX-FREE to a legal heir.