MA-centric NFA FAQ

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There seems to be alot of confusion and debate about NFA stuff in the state of Massachusetts. I've tried to cover most of the basics. Please send suggestions for common NFA questions so I can include them here.

Massachusetts NFA FAQ

This FAQ is written with a Massachusetts view of the world. Some things written here are either different, or just plain wrong, for other states. As with all internet advice, your milage may vary.

This FAQ is not complete. There are transfer situations that I don't cover, including the proper use of a Form 5, and getting NFA items repaired. If there is demand, I will add that info.

Is owning a NFA item right for me?

First, some of my personal opinion... I know a lot of you see pictures of various NFA items here and other places online, and start drooling. And while I appreciate your desire to jump in with both feet, you need to think first.

If you choose to own NFA, you will need to become a much more savvy owner of firearms. You will need to have a pretty full understanding of the Federal system that governs your toys, and how to work within that system. That includes traveling out of state with your items. You will need to be willing to spend the time dealing with your local PD to get a sign off, or with a lawyer to setup a Trust. You will have to deal with the Fudds at your club telling you how your short AR is illegal. You will need to have your affairs set up in such a way that your heirs are able to inherit your collection with minimal hassle. You will need to learn patience, as it can take 6 months for a form to come back...

There is more to owning a SBR then just an approved Form 1!

Trusts, LLCs or "How to bypass your CLEO"

The law allows Corporations and Trusts to own firearms and NFA items. If you live in a location where the Chief Law Enforcement Officer will not sign off on your forms, this is a way around it. There are other benefits to this route, as you also bypass the need for fingerprint cards and photos. In the past, transfers to non-individuals were faster, in some cases much faster. Recently, ATF has been scrutinizing transfers to Trusts and other entities, and they may actually take longer then transfers to individuals.

Using a Trust or LLC to obtain a machine gun does not eliminate the need for a Green Card. In general, if you have a Green Card, your CLEO will sign-off on your forms without hassle. As soon as your Trust or LLC owns any firearms, all the trustees of a trust or principals of a LLC, must have the correct licenses to possess them, as in theory any of them can then posses the firearms.

There are those who argue as to whether or not the Trust/LLC route is better or worse than an individual owning the item. Those questions are really up to each specific situation, and will effect your estate planning. If you go this route, consult a qualified lawyer before filing any paperwork.

How do I make my own NFA item?, or The NFA Form 1 Process

A Form 1 is used by anyone who wishes to make and register a NFA item. You can start with a lump of metal, or an existing gun, either way, you need to have an approved Form 1 before you assemble your NFA item. Be careful here. Simply owning all the pieces of a NFA item is considered "constructive possession" and is almost certainly illegal, depending on your specific situation.

You can request a Form 1 packet from the ATF online at http://www.atf.gov/dcof/index.htm. It includes all the forms you'll need. A PDF version of the form is also available from titleii.com. Make sure that if you print your own forms, that they are double sided. ATF will reject the forms if both sides aren't on one piece of paper.

A complete Form 1 application will include:

Two copies of the Form 1
Two passport sized photos
Two NFA Branch supplied fingerprint cards
One Certification of Compliance with 18 USC 922(g)(5)(B)
One check for $200 made payable to BATFE

If you're applying as a Trust or LLC, you will need to include a notarized copy of your Declaration of Trust and Schedule A, or a copy of your articles of incorporation. You will need to complete the front of the Form 1 and answer all questions regarding suitability and reasonable need. Depending on the version of the form you're using, these questions may be on the second page.

The Form 1s should be completed and have been signed off by your CLEO. The photos do not need to be affixed to the forms, but if you do this, make sure they are on there good. The fingerprint cards from NFA Branch have specific ORI information and must be used for your Form 1 application. The Certification of Compliance often confuses people. Your self-certifing that you are a US citizen or are otherwise qualified to possess firearms in the US. If you where born in the US, put your name in fields 1 and 2, and "United States of America" in field 3.

Once you mail off your application, get ready for a long wait. When your form comes back, make sure you keep it in a safe place. Most owners keep a copy of the form with the item. The law requires that you produce the original only for an ATF agent. You must mark your new creation with your name and location. See 27 CFR 479.102 for the specific requirements. The gist of it, 1/16 tall characters, .003 inches deep. If you made your NFA item from a previously unregistered receiver, a FA-10 will have to be mailed off to the CHSB. If you made an existing gun into an NFA item, you don't have to file a FA-10, assuming one was filed in the past. If you did your Form 1 as a Trust or LLC, the FA-10 form will reflect your personal information.

How do I buy an existing NFA item? or The NFA Form 4 Process

A Form 4 is used for tax-paid transfer and registration of a NFA item. This is the form used when you buy an existing NFA item. As with lots of ATF things, the NFA item must already be possessed by an entity (dealer or another individual) in the same state that you're a resident of. If the item you want is in another state, it will first have to be transfered to a dealer in your home state. In general if you're buying from a dealer, they will do as much of the paperwork as they can before giving it to the buyer for CLEO sign-off, etc.

You can obtain a Form 4 packet from http://www.atf.gov/dcof/index.htm. A PDF version is available from titleii.com. Make sure that if you print your own forms, that they are double sided. ATF will reject the forms if both sides aren't on one piece of paper.

A complete Form 4 application will include:

Two copies of the Form 4
Two passport sized photos
Two NFA Branch supplied fingerprint cards
One Certification of Compliance with 18 USC 922(g)(5)(B)
One check for $200 (or $5 if the item is an AOW) made payable to the BATFE

If you're buying a Machine Gun, make sure you include a copy of your Green Card!

If you're applying as a Trust or LLC, you will need to include a notarized copy of your Declaration of Trust and Schedule A, or a copy of your articles of incorporation. You will need to complete the front of the Form 4 and answer all questions regarding suitability and reasonable need on the second page.

Both copies of the Form 4 should be completed and have been signed off by your CLEO. The photos do not need to be affixed to the forms, but if you do this, make sure they are on there good. The fingerprint cards from NFA Branch have specific ORI information and must be used for your Form 4 application. The Certification of Compliance often confuses people. Your self-certifing that you are a US citizen or are otherwise qualified to possess firearms in the US. If you where born in the US, put your name in fields 1 and 2, and "United States of America" in field 3.

Once you mail off your application, get ready for a long wait. The approved forms will be mailed back to the seller of the item. Make sure the seller has a way to get in contact with you when the form comes back. Once the form is approved, you're the legal owner and the law allows up to 30 days for the physical transfer to take place. Make sure you keep your form in a safe place. Most owners keep a copy of the form with the item. The law requires that you produce the original only for an ATF agent. If you're buying from a dealer, you will need to complete a 4473 just like you're buying a normal gun, except no NICS check will be done. This is true if you're buying as an individual or a Trust/LLC. The dealer will file a FA-10 for your new purchase. If you're doing a face-to-face NFA transfer, the seller is responsible for filing the FA-10. If you completed your transfer as a Trust or LLC, the FA-10 will reflect your personal information.

Does owning NFA items effect my 4th Amendment rights?

No! This is a common misconception. Owning NFA items in no way effects your rights. FFLs are subject to inspections by ATF as outlined in 18 USC 923(g)(B) and their local licensing authority as outlined in 140 MGL 123. The text of the 4th Amendment can be found here.

Are there special considerations when traveling/moving with your NFA items?

Interstate travel is addressed in 18 USC 922(a)(4). In general, an approved Form 5320.20 is required anytime you take your NFA items out of your home state. Form 5320.20 is available online from http://www.atf.gov/dcof/index.htm and titleii.com. Unlike most other NFA forms, you can fax in your 5320.20 for approval.

This does not apply to AOWs or Silencers. It also doesn't apply to C&R eligible NFA items if you have a C&R FFL. In any case, the item must be legal to possess in the state you are traveling to. If you send in a 5320.20 to take a banned item into a state, it will be denied. In the same vein, if you own a C&R Machine Gun and have a C&R license, it would still be illegal to take your gun into Rhode Island. Temporarily reconfiguring your NFA item to no longer meet the definition of a NFA item does not relive you from the requirements to notify the ATF of your travel with the item.

If you're moving, and are staying in the same state, you are not required to notify the ATF that you've moved, but it's not a bad idea. If you're moving out of state, you must complete a Form 5320.20 and indicate that the move is permanent. You should then keep the approved 5320.20 with your tax document. Just like traveling, make sure your move is legal. If your move isn't legal, your 5320.20 will be denied.

Can I "Unregister" my NFA item?

You can effectively "unregister" your NFA item by restoring it back to its original configuration, or by removing its "evil" feature and writing a letter to the NFA Branch. You will not get back your tax. Even after you go through the process, your gun will forever be in the NFRTR (National Firearms Registration and Transfer Record), but will no longer be regulated by the NFA. Your letter needs to state the Make, Model and Serial # of the item. It also needs to state what you did to make the firearm no longer be regulated by the NFA, for example, your AR-15 now has a 16" barrel. Expect a response to your letter 90+ days after sending it.
 
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Machine Guns

The Federal definition of a machine gun (26 USC 5845(b)):

The term “machinegun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.

Can I own a machine gun in MA?

Yes, you can! A Green Card and your approved tax document are required to possess a MG.

What's a "Green Card", or License to Possess a Machine Gun?

140 MGL 131(o) allows for the colonel of the state police or a licensing authority to issue a machine gun license to a firearms instructor certified by the municipal police training committee for the purpose of instruction to police personnel or to a bona fide collector of firearms. This license is called a Green Card. Back in the olden days when MA had big paper licenses, the Machine Gun licenses where printed on green paper. The new recently issued licenses look just like FIDs/LTCs but with a green strip on the top. To be considered a bona fide collector, you may have to have a Federal Collector of Curios and Relics (C&R) license (see below).

You can ONLY use a Green Card to possess a machine gun. It is not necessary to have a Green Card to own any other NFA items. You can't use it to buy ammo, Mace, etc. They are issued for 6 years, and will cost you another $100 on top of your FID/LTC. The application is the same one that is used for a FID/LTC.

I don't care about C&R machine guns. Do I need a C&R FFL?

A C&R FFL is not required. There certainly are licensing authorities out there that issue and renew Green Cards for people that do not have a C&R license.

140 MGL 131(p) addresses the definition of a bona fide collector.

(p) The executive director of the criminal history systems board shall promulgate regulations in accordance with chapter 30A to establish criteria for persons who shall be classified as bona fide collectors of firearms.

501 CMR 6.0 contains the text of the regulations promulgated by the CHSB. I'm unable to find a direct quote online. GOAL has the following text on their website.

A "bona fide collector of firearms," for the purpose of issuance of a machine gun license, shall be defined as an individual who acquires firearms for such lawful purposes as historical significance, display, research, lecturing, demonstration, test firing, investment or other like purpose. For the purpose of issuance of a machine gun license the acquisition of firearms for sporting use or for use as an offensive or defensive weapon shall not qualify an applicant as a bona fide collector of firearms. An individual licensed pursuant to 18 U.S.C. Chapter 44, Sections 921-929 and 27 CFR part 178 shall be deemed a bona fide collector of firearms for the purpose of this regulation.

Can I make a machine gun, or own a newly made machine gun?

No! The Hughes amendment to the Firearm Owners Protection Act of 1986 (18 USC 922(o)) banned the making of machine guns for civilian consumption, fixing the number of "transferable" Machine Guns. Machine Guns made after May 1986 are referred to as "post '86 samples" and may only be possessed by FFL/SOT dealers and governmental organizations.

(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to—
(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.
 
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Short Barrel Rifles

The Federal definition of a Short Barrel Rifle (26 USC 5845(a)(3) and (4) and 26 USC 5845(c):

(3) a rifle having a barrel or barrels of less than 16 inches in length

(4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length

(c) The term “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed cartridge.

Can I own an SBR in MA?

Yes, you can! No special license is required to own a short barrel rifle in MA. You need only an FID or LTC, and your approved tax document, to possess one. If the rifle in question meets the MA definition of a low capacity rifle, an FID is all that's required. High capacity rifles will require an LTC-B or better.

Does the Assault Weapons Ban still apply to SBRs?

Maybe. I'll try to present both sides of the argument.

The AWB does effect SBRs in MA argument: The MA AWB, just like the Federal one, effects "semiautomatic rifles" without any regard to barrel length and does effect SBRs. The MA AWB is at 140 MGL 121. The section of the Federal AWB that applies to rifles is 18 USC 921(a)(30)(B).

(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of -
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
(v) a grenade launcher;

The AWB does not effect SBRs in MA argument: The problem with Massachusetts law is that it's poorly written. The MA AWB states, in part "“Assault weapon”, shall have the same meaning as a semiautomatic assault weapon as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(30) as appearing in such section on September 13, 1994". If you go read all of 18 USC 921(a)(30), it does define assault weapons, but does not define the term "rifle". Why does that matter? Because the MA law specifically references ONLY that part of the federal law, and not the federal definition of a "rifle". Therefore, we must use the Massachusetts definition of a rifle, from 140 MGL 121. The definition in Massachusetts law states that a rifle must have a barrel equal to or greater than 16 inches in length. Because your SBR, by definition, has a barrel less then 16 inches, it can't be a rifle under Massachusetts law, and can't be an assault weapon using the specific section of the Federal ban referred to by Massachusetts law.

“Rifle”, a weapon having a rifled bore with a barrel length equal to or greater than 16 inches and capable of discharging a shot or bullet for each pull of the trigger.
 
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Short Barrel Shotguns

The Federal definition of a Short Barrel Shotgun (26 USC 5845(a)(1) and (2) and 26 USC 5845(d):

(1) a shotgun having a barrel or barrels of less than 18 inches in length

(2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length

(d) The term “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed shotgun shell.

Can I own a SBS in MA?

Yes, you can! No special license is required to own a short barrel shotgun in MA. You need only a FID or LTC, and your approved tax document, to possess one. If the shotgun in question meets the MA definition of a low capacity shotgun, a FID is all that's required. High capacity shotguns will require a LTC-B or better.

What about the "Sawed-off" shotgun law in MA?

140 MGL 121 defines a "sawed-off shotgun" as:

any weapon made from a shotgun, whether by alteration, modification or otherwise, if such weapon as modified has one or more barrels less than 18 inches in length or as modified has an overall length of less than 26 inches

The key words here are "alteration, modification or otherwise" and "as modified". If you are interested in buying a factory made and registered short barrel shotgun, it will not have been made by alteration, modification or otherwise. You can not file a Form 1 to make your own short barrel shotgun in MA, nor can you possess a short barreled shotgun made by an aftermarket company.
 
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Silencers

The Federal definition of a silencer (18 USC 921(24)):

The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.

Can I own a silencer in MA?

Nope! Sorry, MA law only allows a few distinct groups to have silencers. Federally licensed manufactures of firearms, and Police Departments are the two largest groups of those allowed to have silencers. 269 MGL 10a
 
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Destructive Devices

The Federal definition of a Destructive Device (26 USC 5845(f)):

(1) any explosive, incendiary, or poison gas
(A) bomb,
(B) grenade,
(C) rocket having a propellent charge of more than four ounces,
(D) missile having an explosive or incendiary charge of more than one-quarter ounce,
(E) mine, or
(F) similar device;
(2) any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes; and
(3) any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily assembled. The term “destructive device” shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684 (2), 4685, or 4686 of title 10 of the United States Code; or any other device which the Secretary finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes.

Can I own a DD in MA?

Yes, you can! With some limitations. In general, DDs fall into 3 categories.

DD shotguns (USAS-12 and Street Sweeper-type): Shotguns which the Secretary finds to not be particularly suitable for sporting purposes are DDs. The revolver-type guns where banned by the Federal AWB and made DDs by a ruling during the Clinton years. New revolver-type shotguns are not legal in MA, due to the MA AWB. Magazines and drums for USAS-12's where all made prior to 1994. You can possess pre-'94 guns in MA with your FID/LTC and your approved tax documents. Note that because in general DDs have no barrel length limits, it would not be legal to possess a DD shotgun in MA with a barrel less then 18 inches in length as it would be considered a "sawed-off" shotgun under MA law.

Explosives (Grenades, etc): The requirements to transfer explosives are beyond the scope of this document. Massachusetts also has a ban on "Infernal Machines" as defined in 266 MGL 102a. This ban may or may not effect your ability to transfer explosive DDs into Massachusetts.

Large caliber weapons (M203, 20mm Rifles, mortars): These can be possessed with your FID/LTC and your approved tax documents. Explosive ammunition has the same requirements as a DD unto itself.
 
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Any Other Weapons

The Federal definition of an Any Other Weapon (26 USC 5845(e):

The term “any other weapon” means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.

Can I own an AOW in MA?

Yes, you can! With some limitations. AOWs generally fall into 5 categories:

Gadget guns: MA has a ban on "covert weapons" as defined in 140 MGL 131n. If you can find a gun that meets the Federal requirements to be a gadget gun, but doesn't meet the MA covert gun definition, it would be legal, with a FID/LTC and your approved tax documents.

Combo guns: For a combo gun to be an AOW, it must have a combination of smooth and rifled bores, and have barrels between 12 and 18 inches. These are usually old double or triple guns, and are OK in MA assuming they don't meet the definition of an Assault Weapon (pre-'94 would be OK) or other banned items in MA. One of the most commonly encountered combo guns is the Ithaca M4 22 Hornet/410 Gauge Survival Rifle. You will need a FID/LTC and your approved tax documents.

Pistols with a forward vertical grip: This is your ticket to a "post-post ban" pistol. The ONLY prevision of the AWB that can be bypassed by NFA registering a receiver is the "assault pistol" part. For example, if you take a virgin AR-15 receiver, and register it as an AOW, you can build it into essentially a legal "post-post-ban" pistol. You would need to make sure there is no easy way to put a stock on it, and it would need a forward vertical grip. Once it's an AOW, it doesn't meet the definition of a pistol anymore. This was done during the Federal ban by a few FFL/SOTs, mostly using Olympic OA-93 uppers, as they don't require a buffer tube of any kind. The receiver would have to start as a virgin, never assembled into anything before, Title I receiver.

Certain short barrel shotguns (without a stock): Due to the way the NFA define AOWs, if a shotgun is made with a barrel or barrels less then 18 inches and has never had a stock, it is an AOW (smooth bore pistol). The same rules about "sawed-off" shotguns come into play as if the gun in question was a SBS.

Smooth bore handguns: These don't come up to often anymore. The best example is trick shooter revolvers. Many of these had smoothed out bores, making them more appropriate for shooting shot shells. If for some reason you wanted to do the same thing, you would have to register the handgun has an AOW before modifying the bore. This does not apply to Taurus Judge revolvers and 410/45 derringer style guns, has they have rifled bores.
 
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Excellent post - +1 to you.

My only (minor) comment would be that the term "Green Card" isn't well defined in the post. I know what you mean, but someone new to either NFA or Massachusetts might not.

Thanks for putting this together!!
 
An outstanding series of posts !

EasyD, I salute you.
usa2.gif

+1 rep point added.

This series of posts is another example of why NES is the best forum on the internet !
 
very, very good post.... boy I wish I saw this post about 2 years ago when I started the LOOOOOOOONG process for aquiring my green card and doing my F4 paperwork for my 1st MG. I went into it sort of blind. However, I learned an incredible amount just going through the process the way I did. I guess I dont regret it.

either way, OUTSTANDING thread for those that are looking to aquire a green card and process ATF paperwork for NFA items.

one piece of information though for those "wanting to get into NFA.." It is adicting and you cant stop at just one.... trust me... hold on tight.... [grin]

Rob
 
Wow i never realized it was really that simple, but WTF i can technically have a destructive device but not a silencer as long as i have a tax stamp. Only in Massachusetts. lol
 
It has been my experience that some NFA examiners need to see the MA green card to approve any NFA items, even to dealers. Jack.

Yeah, that's happened a few times at the FFL/SOT I work at part-time, and we've never sent it in, and always had the transfers approved. Mentioning that you're an FFL/SOT holder usually unwedges the works.

For non-MG NFA stuff to non-FFL/SOTs, usually simply saying you aren't buying a MG, and don't need a special license works. And you can always refer the examiner to the MGLs, which I've only had to do once.

--EasyD
 
I do have one question in regards to making a SBR or really any NFA item. You mentioned that just having say an AR receiver and the short barrelled upper receiver could be considered constructive possession. So is it possible to just have the receiver, register that as the SBR, then purchase the upper afterwards? Or is it required on the form to report the length of the barrel or something. I am looking at possibly going that route with an SBR starting with an AR receiver.
 
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