ALL NFA SERVICES AND CLASS THREE TRANSACTIONS ARE FREE TO SPORTSMAN BUYER CLUB MEMBERS 

State by State Class Three Restrictions     National Firearms Act   

 
Frequently Asked Questions

What is a Class III item?
A Class III item refers to anything regulated by the NFA Act of 1934. These items are registered to a specific person. They include: short barrel rifles and shotguns, any other weapons, suppressors, destructive devices, and machine guns.

Can I own a Class III item?
Sure. It's a simple procedure to transfer ownership of any class III item to anybody. Usually it consists of what's called a form 4, and needs to be signed off on by your local Sheriff, or a local Judge.

Under the provisions of Federal Law, anyone over the age of 21 who is not prohibited from owning a firearm may own NFA weapons including (but not limited to):  machine guns, sound suppressors (commonly referred to as silencers), short barreled rifles and shotguns, an esoteric type of weapon classed as an "Any Other Weapon", and destructive devices.  The requirements to own are simple. 

To purchase a NFA firearm, you must complete an ATF Form 4 - "Application for Tax Paid Transfer and Registration of Firearm."  Typically your dealer will provide this form to you partially completed and you will fill in the rest.  An electronic version of the form is available here.   You'll need Adobe Acrobat reader to use it which you can get here.

The Form 4 is quite simple. It identifies who the weapon is being transferred to, who it is being transferred from, a description of the firearm with serial number, and a section for the Chief Law Enforcement Officer (CLEO) certification.  It is submitted to the ATF in duplicate with fingerprints, a photograph, and the appropriate transfer tax ($200 for most weapons, $5 for "Any Other Weapons" - see the other sections of the site for descriptions of each.) 

How to buy a Machine-Gun, Supressor or SBR (or other class 3 item).

The following material explains what you must do in order to legally purchase a silencer, or other designated Class 3/Title 2 items. It also explains some of our tasks in this process.

1. You must be 21 years of age or older and legally able to qualify for the purchase of a regular handgun (meaning no felonies, violent misdemeanors, dishonorable discharges, etc.)

2. Pay us for the product, payment must be in full. prior to submitting your paperwork. 

3. Get two 2"x2" passport photographs taken. Attach one to the reverse side of each of the two copies of the Bureau of Alcohol, Tobacco and Firearms (BATF) Form 4 we give you. These photos typically cost $5 to $10.

4. Complete a small section on the reverse side of the BATF Form 4 that declares why you wish to possess the item. Most folks say "Collector of firearms".

5. Take the two copies of the Form 4, with pictures attached and your section completed to your local law enforcement agency (city police or county sheriff). Also take the two FBI Form FD-258 fingerprint cards we will give you. Ask the agency to officially take your fingerprints. This will usually cost $10 to $15. Also ask to have the chief of the agency complete his/her section of the reverse side of the Form 4. This merely attests that you are not wanted locally and that the official knows of no law which will be broken if you are approved by the government.

6. Bring or mail us the two copies of the Form 4 and both completed fingerprint cards. We will complete the front of the forms. We then get a money order made out to the BATF ($5 for an "Any Other Weapon" or $200 for a short-barreled rifle, short-barreled shotgun, silencer or machine gun). We will then put the two copies of the completed Form 4's, the two completed fingerprint cards and the money order in an envelope and immediately send it to the BATF office.

7. The BATF will first remove the money order and examine the paperwork for completeness. Assuming the paperwork is complete (it will be, or we will not mail it in), it will be assigned to an agent, who will have a nationwide FBI background check performed on you. Once you pass this (all legal folks over 21 pass it), the BATF will mail us back a certified copy of one of the Form 4's we sent them. On this copy will be a stamp that looks like a postage stamp. This is a Federal tax stamp indicating the transfer tax is paid.

8. When we receive this Form 4 back with a stamp on it (about 90 days after we mail it in), we will call you and have you come by the shop, complete a BATF Form 4473 and give you the product along with the Form 4. You should immediately make several copies of the Form 4 and carry one with you at all times you have the product. Be sure to put the original in a safe place.

It is the CLEO certification that challenging in some localities.

The CLEO Signoff

The CLEO certification section reads:

"I certify that I am the chief law enforcement officer of the organization named below having jurisdiction in the area of residence of (your name here).  I have no information indicating that the transferee will use the firearm or device described on this application for other than lawful purposes.  I have no information that the receipt and/or possession of the firearm described in item 4 of this form would place the transferee in violation of State or local law."

The general idea of the "CLEO signoff" (as it is most commonly referred to) was that the local Sheriff or Chief of Police would know whether or not possession of certain types of firearm was legal in your area, and also whether or not you were currently in trouble with the law.  In many jurisdictions what it has turned into is a tool for local law enforcement to prohibit the ownership of these firearms (or at least make it more difficult.)

The best course of action is to obtain the partially completed Form 4 from Tacical Armory (your dealer), fill in the remaining information, and then make an appointment to see your Sheriff or Chief of Police.  Generally it is best to go in person and while you don't have to wear your Sunday best, appearance is important.  Be prepared to discuss why you want the item.  One of the best reasons is investment.  Machine guns seem to be steadily rising in value due to the fact that their numbers are limited by a manufacturing ban imposed in May of 1986.  Any machine guns manufactured after 1986 can only be possessed by dealers and law enforcement/military.  Since no more machine guns may be made for civilian ownership, supply is limited while demand continues to expand.  Given this fixed supply and increasing demand, many people look at machine guns as collectible investments.  Some CLEO's may object to signing for fear of liability.  There has only ever been one case where a registered machine gun was used to commit a crime.  Oddly enough the perpetrator was an off duty police officer.  In the court case Searcy vs. Dayton, it was found that the CLEO incurred no liability by signing the form.

My local Sheriff/Judge does not sign, now what?

If your Sheriff or Chief of Police refuses to sign, there are other qualified individuals whose signatures are acceptable to the BATF.  Those are:  the District Attorney, head of the Highway Patrol, judges who preside over criminal cases in your area, and possibly others.  Generally any law enforcement agency or criminal (as opposed to civil) judge who has authority over your place of residence should be acceptable to the BATF.  If you have tried every person you can think of and still can't get a signature, then you may have only one option left.  Incorporate. 

All is not lost. We can transfer the item into a valid state corporation, a living trust, or any other valid legal entity. Please contact us for further explanation. Only "individuals" are required by law to have the law enforcement certification section filled out.  Corporations and other legal entities may purchase NFA items without submitting photographs, fingerprints, and without the CLEO signoff.  This exemption is frequently used by those who are unable to obtain a CLEO signoff in their area.  Many people are already an officer of a corporation by virtue of being self-employed and therefore purchase the NFA item through their corporation as a business investment.  Others will form a corporation for the express purpose of purchasing NFA items.  Forming a corporation is easier than you may think.  While you can do it yourself, for a very modest sum of money, you can have a professional do it for you.  I will give you information for a law firm that will set up your corporation for you for less than $300.  At that point the CLEO signoff becomes a moot point.

I do not reside in Nevada, but I want to order something from your website. What do I do now?
You would need to transfer the item to a class III dealer in your state first(they usually get a nominal transfer fee for this), and then he will transfer the item to you on a form 4. It just takes an extra step.

Why are registered machine guns so much money? I remember when...
Machine guns are expensive because of supply and demand. There are only roughly about 250,000 registered machine guns in the ENTIRE country. Everytime somebody sells one to somebody, that's one more unit that is off the market, at least until that person decides to sell it again.  That is true for all US Class III dealers. Thus, the price will increase each and every year. That's also why a good percentage of our clientele purchase these for "speculation."

I am not a US resident, can I still purchase a class III item?
The Tactical Armory does NOT deal in any aspect of exportation, sorry.

How do I know I can get approved for the transfer?
If you can pass a simple NICS check for a handgun or longgun, then you can pass a class III background check also.

 ATF CONTACT INFO

NFA Branch	202-927-8330	This is the office that handles all transfers of NFA weapons, and maintains the Registry.
NFA Branch FAX	202-927-8601	You can fax Form 2's and 3's in, Form 5 transfers for repair, 5320.20's and probably others as well. Check with NFA Branch to be sure your faxed form will be acceptable and see ATF Ruling 89-1.
Technology Branch	304-260-1700 (new - was 202-927-7910)	This is the office that makes all determinations as to whether something falls into one of the NFA categories, as well as determinations as to importability, and many other technical issues to things regulated by ATF (at least as to firearms). Sterling Nixon is the current head of the "Tech Branch".
Technology Branch Fax	Need new (was 202-927-7692)	You can fax ruling request letters as well.
National Licensing Center	866-662-2750 or 404-417-2750	Handles FFL applications, renewals, amendments, etc.
National Licensing Center Fax	866-257-2749 or 404-417-2751
National Licensing Center E-mail	nlc@atla.atf.treas.gov
ATF Distribution Center	703-455-7801	All paper forms may be still ordered from the ATF Distribution Center, P.O. Box 5950, Springfield, VA 22150-5950 or telephone (703) 455-7801. They may also be ordered via the web at http://www.atf.gov/dcof/index.htm.
National Revenue Center	800-937-8864 or 513-684-2979	Handles SOT payments, etc.
Import Branch	202-927-8320	This office handles permits to import firearms, parts and other related items regulated by federal law.