EDUCATE YOURSELF ON NFA ITEMS AND HOW THE PURCHASING PROCESS WORKS, KNOW WHAT TO EXPECT AND HOW TO MAKE YOUR TRANSFER A FUN EXPERIENCE.
We offer ATF EForms for purchases and transfers! We take care of all the paperwork for you.
*DUE TO THE NEW ATF NFA EFORM PROGRAM, WE CAN SUBMIT YOUR FORM4 ELECTRONICALLY IF YOU HAVE AN NFA TRUST. IF YOU DO NOT HAVE AN NFA TRUST PLEASE CONTACT US AND WE WILL BE GLAD TO ASSIST YOU IN GETTING ONE ESTABLISHED. BY EXERCISING YOUR RIGHT TO PURCHASE CLASS 3 ITEMS WITH A TRUST; YOU NO LONGER ARE REQUIRED TO OBTAIN LEO SIGNATURES, FINGERPRINT CARDS, CITIZENSHIP FORMS, MULTIPLE COPIES OR EXTENDED 8-12 MONTHS WAIT TIMES. WITH AN NFA TRUST, THE ATF HAS REDUCED WAIT TIMES DOWN TO 60-90 DAYS! SOME DEALERS HAVE EXPERIENCED TRANSFERS AS FAST AS 30 DAYS AND OTHERS AS LONG AS 120 DAYS BUT EITHER WAY, THE EFORM METHOD IS MUCH FASTER! WE SIMPLY ENTER YOUR $200 TAX STAMP PAYMENT VIA PAY.GOV RIGHT FROM THE COMPUTER TOO, SO NO MORE MONEY ORDERS OR CHECKS. ANOTHER BENEFIT OF HAVING AN NFA TRUST IS THAT MULTIPLE PEOPLE "BENEFICIARIES" MAY POSSESS THE ITEMS OR WEAPONS, AS APPOSED TO AN INDIVIDUAL PURCHASE WHERE ONLY THE PURCHASER IS ALLOWED TO POSSESS THE ITEM. THIS MEANS THAT FAMILY, FRIENDS, PARTNERS, ETC. CAN BE ADDED TO THE TRUST. THE COST OF SETTING UP AN NFA TRUST CAN VARY DEPENDING ON THE ATTORNEY WHO PREPARES IT, AROUND $400 IS TYPICAL. THE COST IS A ONE-TIME FEE AND THE TRUST IS GOOD FOREVER. WITH THE PURCHASE OF EACH NFA/CLASS 3 ITEM YOU WILL STILL BE RESPONSIBLE FOR PAYING THE $200 TAX TO THE ATF. IF YOU HAVE ANY MORE QUESTIONS OR WOULD LIKE TO PURCHASE A SILENCER, SHORT BARREL RIFLE OR MACHINE GUN, PLEASE SEND US AN EMAIL OR GIVE US A CALL.
*Scroll to the bottom of this page for contact information for our Attorney, he will be glad to swiftly establish your trust and can handle all the details over the phone, email or in person.
I want to buy a Class 3 Item (Silencer, Short Barrel Rifle or Machine Gun) what are my options?
When purchasing a Class 3 or NFA Item there are several regulations and rules to follow. Educating yourself is the only way to ensure that you have a swift transfer. We recommend you only deal with reputable Dealers who are properly licensed and have the appropriate experience in dealing with the ATF. Wide Open Armory USA, LLC helps our customers complete all the necessary forms and paperwork to ensure your transfer runs smoothly and efficiently.
Due to a limited number of ATF examiners and a record surge in Class 3 purchases, transfer times have been reaching an all-time high. Some transfers depending on the item, region of the country, where it was purchased and the current workload of the examiner to which it is assigned. The transfer process may take anywhere from 3 - 12 months. The average wait times range from 5 - 7 months. The "Transfer Time" to which I am referring is the time between when you purchase the item and submit the paperwork - to the time in which you receive the "Tax Stamp" on you approved "ATF Form 4."
Forms are the life-blood of the ATF and how it tracks ownership of all the registered items in circulation.
Form 4 - This is the ATF Form which transfers the registered item from the "Transfer-or" (the owner, usually a dealer) to the "Transferee" (The purchaser). Here at Wide Open Armory USA, LLC, we help you complete these forms to ensure they are done correctly and accurately. Class 3 dealers are not able to control the transfer time or the outcome of the background check therein. Form 4's, while you are responsible for submitting them, will always be returned via mail to the "Transfer-or" (Dealer) so there is no need to check the mailbox each day fore it will not magically appear.
Form 3 - This is the specific form for transferring an NFA item between dealers. When you purchase a Silencer or any other NFA Item out of state then we must submit a Form 3 to the ATF with your preferred Class 3 dealer's FFL and SOT information inside it. This Transfers the item from our state where the item was purchased to the home state of the purchaser. Once the item arrives in the purchaser's home state, the buyer may then visit the dealer and fill out their Form 4 to submit for final transfer to the end-user (You). Form 3 transfers take much less time than Form 4 transfers do, usually around 2 - 5 weeks depending on variables which are out of our control. Class 3 dealers are not able to control the transfer time or the outcome of the background check therein.
Form 1 - Form 1's are for individuals who are wanting to create or manufacture a Class 3 item. For example, you have an AR-15 and you saw a really nice "Pistol Upper" or SBR Upper online. DO NOT order the short barreled upper, assemble it to your rifle and head to the range! You just committed a FELONY and will be in serious trouble. SBR's (Short Barrel Rifles) are rifles with a barrel shorter than 16 inches. Any rifle with a short barrel, silencer, or SBS (Short Barrel Shotgun) must be "Registered" with the ATF. This is what the NFA Act (National Firearms Act) is all about? You must first be approved and registered before building the NFA item. The Form 1 is a "do it yourself" kit for getting a shorter barrel on your rifle or making a silencer in your machine shop.
Citizenship Form and 2 Fingerprint Cards - A citizenship form must also be submitted with your paperwork to prove you are a Citizen of this great nation. The Fingerprint cards MUST be obtained from the ATF and not printed off the computer or picked up from your local Police station. These fingerprint cards with be filled out by the officer or deputy performing your fingerprinting process. They must be in INK and not digitally printed. There must also be 2 cards submitted with your paperwork.
Law Enforcement Signature - The LE signature must be obtained from the Sheriff of the county you live in or the Police Chief of the city you live in. Some agencies have a "DESIGNEE" for the Chief or Sheriff that will sign for them. This procedure is permitted as long as the paperwork is filled out properly with all required information. For example, if Sheriff Wilson has a designee named Deputy Johnson then the signature must be as follows. "Deputy Johnson designee for Sheriff Wilson of Macon County Sheriff’s Department" and that will pass ATF required regulations.
*Some people may experience resistance while asking for, or trying to schedule an appointment for a signature. The signature is not "permission" from the LE Agency but rather a notification. The LE Agency does not have the authority to deny your right for owning a NFA item. However, if you are a convicted felon, have any history of mental illness, renounce your US Citizenship, are under the age of 21, under indictment for a serious crime, a fugitive from justice, an illegal alien, an addict, a stalker, dishonorably discharged from the armed forces, are mentally defective or have been convicted of domestic violence then you will be denied the right to own an NFA item by the ATF.
Suppressor shipping for buyers that live in FLORIDA
For FLORIDA buyers, you can choose one of the following methods to receive your NFA item.
- Pick the suppressor up directly from us. In this case, we will work with you to transfer your suppressor and will notify you when it’s ready to pick up.
- Have another FLORIDA dealer handle the transfer. In this case, we will mail the suppressor to the dealer of your choice who will handle the actual transfer process for you. The transfer process for a (dealer-dealer transfer on a form 3) usually takes 2-4 weeks depending on ATF examiners work load. This is basically the same process as buyers who live outside of Florida, so check out the next section for more details.
Suppressor shipping for buyers that live outside Florida.
Because of federal and state regulations covering the purchase of NFA items ( Silencers, Short Barrel Rifles, Machine Guns, AOW's, Short Barrel Shotguns, etc. ) we can only ship these items to individuals or agencies in possession of a valid Federal Firearms License (FFL) that have also paid the Special Occupational Tax (SOT). We will handle the ATF Form 3 transfer paperwork to transfer the NFA item from our possession to the dealer of your choice.
Some examples of the types of firearms that must be registered are:
- Machine guns;
- The frames or receivers of machine guns;
- Any combination of parts designed and intended for use in converting weapons into machine guns;
- Any part designed and intended solely and exclusively for converting a weapon into a machine gun;
- Any combination of parts from which a machine gun can be assembled if the parts are in the possession or under the control of a person;
- Silencers and any part designed and intended for fabricating a silencer;
- Short-barreled rifles;
- Short-barreled shotguns;
- Destructive devices; and,
- “Any other weapon.”
NFA Gun Trust
The NFA Gun Trust was developed to expedite the process of purchasing Title II firearms, weapons and suppressors (“Class 3 firearms”). Class 3 Firearms are regulated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. A Class 3 Firearms cannot be transferred unless the transfer is approved by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. An individual who possesses a Class 3 weapon without the approval of the Bureau of Alcohol, Tobacco, Firearms, and Explosives is in possession of a contraband firearm and is subject to severe federal penalties. Contraband firearms come with a $250,000.00 fine and up to 10 years in federal prison. Class 3 firearms consist of several categories: short barreled shotguns, short barreled rifles, machine guns, suppressors, and destructive devices. Each category has been defined below:
Categories of Class 3 Firearms:
- Shotgun. Shotgun with a barrel or barrels with a measurement of less than 18 inches in length. Barrels are measured by inserting a dowel rod into the barrel until the rod stops against the bolt or breach face.
- Weapons made from shotguns. A weapon made from a shotgun is a shotgun-type weapon that has an overall length less than 26 inches or a barrel or barrels of less than 18 inches in length.
- Rifle. A rifle will fall under the NFA if it has a barrel or barrels less than 16 inches in length. Barrels are measured by inserting a dowel rod into the barrel until the rod stops against the bolt or breach face.
- Weapons made from rifles. A weapon made from a rifle is a rifle-type weapon that has an overall length less than 26 inches or a barrel or barrels of less than 16 inches in length.
- Any other weapon. Any other weapon includes firearms that can be concealed on the person with a shot in which the shot can be discharged through the energy of an explosive. Examples of “any other weapon” include pin guns, cigarette lighter guns, and knife guns, cane guns and umbrella guns. Also, the definition of “any other weapon” includes pistols and revolvers have smooth bore barrels designed or redesigned to fire thick shotgun shells. Certain alterations to a pistol or revolver, such as the addition of a second vertical handgrip creates a weapon that no longer meets the definition of a pistol or revolver and will be considered “any other weapon” subject to the NFA.
- Machine gun. Machine gun includes weapons that are designed to shoot or can readily restore to shoot automatically more than one shot without manually reloading by single function of the trigger. Note: Machine guns are the only type of weapon where the receiver of the weapon, by itself, is considered a machine gun under the NFA. Further, a semi-automatic weapon with a separate conversion kit will be considered a machine gun under the NFA.
- Silencer/Suppressor. A firearm silencer/suppressor is a device used for silencing, muffling, or diminishing the report of a portable firearm.
- Destructive devices.
- (i) Explosive devices. Any explosive incendiary or poisonous gas bomb, grenade, mine, or similar device is a destructive device. This includes a rocket having propellant charge or more than four ounces in a missile having an explosive or incendiary charge of more than 1/4 ounce. Missiles (projectiles) less than a 20 mm caliber generally are not large enough to accommodate than 1/4 ounce of explosive or incendiary material.
- (ii) Large caliber weapons. A weapon which can expel or be converted to expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore diameter of more than 1/2 inch is a destructive device. This excludes shotgun shells which the Attorney General finds is generally recognized as particularly suitable for sporting purposes. The majority of weapons covered by this portion of the destructive device definitions are large caliber military weapons such as rocket launchers, mortars and cannons.
An unserviceable firearm is a firearm that is incapable of discharging a shot by the action of an explosive and is incapable of being readily restored to a firing condition. There is no tax imposed on the transfer of unserviceable firearms known as “curio” or ornament.
Firearms defined by the NFA as antique firearms are not subject to any controls under the NFA. The NFA defines antique firearms based on their date of manufacture and the type of ignition system used to fire a projectile. Any firearm manufactured in or before 1898 that is not designed or redesigned for using rimfire or conventional centerfire ignition with fixed ammunition is an antique firearm.
Curios or relics.
Curios or relics are firearms that are of special interest to collectors. NFA firearms that is recognized as a curio or relic is still an NFA firearm and is still subject to the registration and transfer provisions of the NFA.
Purchasing a Class 3 Item:
An individual interested in purchasing a Class 3 Firearms without the use of our NFA Gun Trust is required to go through numerous steps for Bureau of Alcohol, Tobacco, Firearms, and Explosives approval. The steps have been outlined below.
Locate and purchase a Class 3 Firearm. This step is the same whether a trust is being used or not. To locate a Class 3 Firearms the individual must search for an FFL dealer in their area. The FFL dealer chosen will require payment for the Class 3 firearm before any paperwork is forwarded to the Bureau of Alcohol, Tobacco, Firearms, and Explosives. This is done because once the FFL dealer receives the Form 4 back from the Bureau of Alcohol, Tobacco, Firearms, and Explosives the FFL dealer cannot lawfully possess the Class 3 firearm anymore. The FFL dealer would have to transfer the Class 3 Firearm even if payment had not been received. Therefore, the FFL dealer will require the individual to pay for the Class 3 firearm at the time it is ordered.
Provide fingerprints and a photograph to the CLEO. This step is NOT necessary if our NFA Gun Trusts is being used. If our NFA Gun Trust is not being used, fingerprints will have to be provided to the Chief Legal Enforcement Officer (“CLEO”). The CLEO is the chief of police in the city you live in or the elected sheriff in the county where you live. This process usually requires the individual going to the police station and having their fingerprints taken.
CLEO has to sign off on the Form 4. This step is NOT necessary if our NFA Gun Trusts is being used. If our NFA Gun Trust is not being used, the CLEO is required to sign off on the Form 4s before they are submitted to the Bureau of Alcohol, Tobacco, Firearms and Explosive. The problem with this is some chiefs and sheriffs have decided that they will not sign these forms. Not because the person is not qualified to carry the Class 3 firearm but because the CLEO does not want to. The CLEO cannot sign for a host of arbitrary reasons. The CLEO may eventually sign the Form 4 but it may sit on his/her desk for months.
Form 4 sent to Bureau of Alcohol, Tobacco, Firearms, and Explosives for approval. This step is the same whether our trust is used or not. Once the CLEO has signed the Form 4, the FFL dealer will prepare 2 original Form 4s and a check for $200.00 for the tax stamp and mail to the Bureau of Alcohol, Tobacco, Firearms, and Explosives for processing. Not taking into account the delay from the CLEO this process will take approximately 6 months. There have been cases where the CLEO took months to sign off on the Form 4.
Advantages of using an NFA Trust
Using our NFA Gun Trust provides numerous advantages to purchasing a Class 3 firearm in your individual name. Below are the advantageous of our NFA Gun Trust:
No CLEO signature required.
The CLEO does not have to sign off on the Form 4 submitted by our NFA Gun Trust. Arbitrary denial by the CLEO has been removed from the equation.
An individual who purchases a Class 3 firearm must be present with anyone who wants to use the Class 3 firearm. With our NFA Gun Trust the individual setting up the trust known as the Grantor can list qualified beneficiaries in the trust. These qualified beneficiaries can use the Class 3 firearm, weapon or suppressor without the Grantor being present. Beneficiaries under the age of 21 will need to be supervised by either the Grantor or one of the qualified beneficiaries.
At the death of an individual who owns a Class 3 firearm, the Class 3 firearm is held in the deceased individual’s estate. The executor of the estate or the family cannot handle the Class 3 firearm because they are not authorized users. The Bureau of Alcohol, Tobacco, Firearms, and Explosives or a FFL dealer will have to confiscate the weapon and keep it until the weapon is transferred out of the deceased owner’s name and into another. If there is no buyer then the property will just sit in the estate of the deceased owner. When you use our NFA trust the probate process is avoided. The property in the trust will be transferred to the death beneficiaries listed in the NFA trust. The successor trustee you have listed will transfer the property from your NFA trust to your beneficiary’s NFA trust. This is an involuntary transfer; therefore, your beneficiary will not have to pay $200 for a tax stamp.
Schuett Law Group
Clay C. Schuett, PL
8200 – 113th Street, Ste 101
Seminole, Florida 33772
NFA Gun Trust Price: $399