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What are NFA Weapons?
There are two kinds of firearms under U.S. (federal) law, title 1 firearms and title 2. Title 1 firearms are long guns (rifles and shotguns), handguns, firearm frames or receivers, and most NFA weapons are also title 1 firearms. Title 2 weapons are NFA weapons. Title 2 of the 1968 Gun Control Act is the National Firearms Act (26 USC sec. 5801 et seq.), hence NFA. Title 1 is generally called the Gun Control Act, (18 USC sec. 921 et seq.). NFA weapons are sometimes called class 3 weapons, because a class 3 SOT (see below) is needed to deal in NFA weapons.

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Thus the question to be answered in deciding if a weapon is an AOW would be, does it fit into any of the three categories below:

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? So you want to know if you have a pre-ban or a post-ban receiver. You are not alone! This is one of the most often asked questions I receive each day. Even dealers don’t know sometimes, and they sell firearms for a living! For that matter, I have talked to people who asked their local BATF agents what the determining factors are, and the agents were giving incorrect information! So what are the determining factors? Read on my friends…

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Form Title
——————————————————————
7 (5310.12) – Application for License
7CR (5310.16) – Application for License (Collector of Curios and
Relics)
8 (5310.11) – Federal Firearms License
5300.34 – Questionnaire for Responsible Persons
5300.36 – Notification of Intent to Apply for a Federal
Firearms License
5300.37 – Certification of Compliance with State and Local
Law

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[Note the difference between Federal Firearms License TYPE and Special (Occupational) Taxpayer CLASS.] – Folks who are around NFA guns for very long will find there are still a …

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As to one who is neither a FFL nor SOT, but only owns weapons regulated under the National Firearms Act, the law seems clear, but practice is a little murky. ATF may only compel …

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Repairing NFA weapons As it is illegal for anyone to have possession of an NFA firearm that is not registered to them, getting the guns repaired, or worked on, can be a hassle.

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Subsection (b)(7) of section 12020 exempts any “firearm or ammunition” lawfully possessed under federal law and on the C&R list. Subsection (b)(8), exempts ALL AOW’s except pen guns. Subsection b(2) is the exemption for the movie permit for short shotguns and short rifles with the procedure for its issuance found at section 12095.


However for HK guns it is pretty much all there is, especially if you want an MP-5 type gun. And if you want a version of the Colt 9mm AR machine gun, the auto sear route is more plentiful than the few registered receiver conversions, and the even fewer factory Colt guns, as the model was introduced (1985) right around the same time as the 1986 ban. And in general the sear or other registered part is cheaper to buy than the same gun as a registered receiver, both because you aren’t getting a gun also, and because it is less desirable. However you may find that due to the escalating value of the semi-auto host guns, the conversion part already installed in a host gun may cost as much as a registered receiver conversion of the same gun, like an IMI semi-auto UZI with a registered bolt installed versus a registered receiver UZI conversion. It pays to shop around.

Form Title
————————————————————–
1 (5320.1 ) – Application to Make and Register a Firearm
2 (5320.2 ) – Notice of Firearms Manufactured or Imported
3 (5320.3 ) – Application for Tax-Exempt Transfer of Firearm and
Registration to Special (Occupational) Taxpayer
4 (5320.4 ) – Application for Tax Paid Transfer and Registration
of Firearm
5 (5320.5 ) – Application for Tax Exempt Transfer and
Registration of a Firearm
9 (5320.9 ) – Application and Permit for Exportation of Firearms
10 (5320.10) – Application for Registration of Firearms Acquired
by Certain Governmental Entities
5320.20 – Application to Transport Interstate or to
Temporarily Export Certain National Firearms Act
(NFA) Firearms
5630.6A – Special Tax Stamp [for SO
T]
5630.7 – Special Tax Registration and Return: National
Firearms Act (NFA)

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Scope Mounts & Scope Rings » AR 15 Accessories
The AR-15 Accessories is an American 7.62 mm battle rifle developed by Eugene Stoner in the late 1950s at ArmaLite, then a division of the Fairchild Aircraft Corporation.

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Penalties for NFA violations
A violation of the NFA can result in a felony conviction, punishable by up to ten years in prison, and/or a $250,000 fine. See 26 USC sec. 5871. The US Sentencing Guidelines ordinarily require prison time, even for a first offense, however various mitigating and aggravating factors can raise or lower the possible sentence range for a first offense.


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There are two cases on this issue. The first is Steele v. NFA Branch, 755 F.2d 1410 (11th Cir. 1985), where the 11th circuit federal appeals court said a person trying to transfer a gun to one who was otherwise eligible to own the gun, but could not get the certification from anyone acceptable to ATF, could sue to force the transfer without it. In the case Steele (the transferor in a Form 4 transfer) had not asked everyone acceptable to ATF, as well as not alleged, as part of his case, that the potential transferee was otherwise eligible by law to own the weapon, and the case was disposed of on those grounds. Note that the version of the regulation creating the certification requirement, reproduced in the footnotes of this case, has a different list of acceptable persons. After some were sued in connection with this case, all the federal law enforcement officials were removed from the regulation. Correspondence from ATF indicates they will not designate any federal officials as other acceptable persons either. The Steele decision was followed in the case Westfall v. Miller, 77 F.3d 868 (5th Cir. 1996), in which a transferee, not transferor, sued over non-approval of a Form 4 without the certification. Again Westfall did not ask everyone listed in the regulation. Again his case was thrown out for lack of standing. The court said they could not tell if the reason he couldn’t get the gun was an illegal requirement, the signoff, or his own failure to try and get a signoff.

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N.J. appeals court denies handgun permit for Warren County private detective – NJ.com
A state appeals court today upheld a denial of a handgun permit for a private detective in Warren County because he “lied” about whether he previously had such a permit rejected, according to the ruling …

 

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