The great mystery surrounding obtaining NFA items is not only puzzling for many, but intimidating for all. I was one of those that were confused, intimidated, even slightly scared. Most people, including myself have an allergic reaction when you hear the word "BATFE" (ATF for some).
However I am here to tell you, there's nothing to be afraid of, nothing to worry about and "YOU ARE NOT A CRIMINAL"! (- Well at least I hope you are not, if you are, then you're on the wrong forum.)
So let me help ease your concerns and relieve your anxiety over obtaining NFA items.
There are two methods that you can obtain NFA items legally:
First, you've got to pick out the item you want to get. Is it a silencer? Do you want to buy or convert a rifle into an SBR? Whatever the item is, do your research, ask around, watch YouTube reviews on the item and make an informed decision. Then find a Class II dealer and purchase your item. Often Class III dealers will help you along the way with questions about forms and process. Don't be afraid to ask, it behooves them to assist you.
The Individual Method
The Individual Method as I refer to it, is a more traditional approach to acquiring an NFA item legally. With this method, an individual must fill out all the BATFE paper work and then go to their county sheriff and get finger printed and have the sheriff sign off on your request. Then you submit your paper work (BATFE Form 4) along with your $200 tax check to the BATFE and upon approval, they will issue you a tax stamp and approval letter and you can go pick up your item.
Pro's:
Gun Trust Method
The Gun Trust Method is my preferred way to go about acquiring NFA items. Basically you create a Living Trust called a "Gun Trust" that is specifically for guns that you may want to place in the trust (not advisable in my opinion) and of course NFA items. You can write your own Gun Trust, use software (some have had good luck using Quicken Will Maker), seek out an attorney to draw one up (be sure to seek out an attorney that is experienced in Gun Trusts) or use an online Gun Trust service (which is what I did).
In a Gun Trust you will list "Trustees" that can also possess the items in the trust. Caution, be careful who you list as a trustee because they can sell items from the trust. So if you're going through some marital issues, I would not suggest putting your wife-soon-to-be-ex-wife perhaps as a trustee. You can also list "Beneficiaries" that can inherit your trust upon your death (or the death of the trustees).
Once your Gun Trust has been created, signed and notarized properly, it becomes a legal entity. You will then make a copy and place the original in a safe or a safety deposit box, etc. (somewhere protected like any legal document). Then mail the copy of the trust along with your BATFE Form 4 that you filled out for your NFA item and your $200 tax check and send it to the BATFE for approval. Once you receive your tax stamp and approval letter, you take that to your Class III dealer and pick up your item, at which point, the Gun Trust is now the legal owner of the NFA item.
Pro's:
Be aware though, there are growing discussions around the window closing on the ability to use a Gun Trust to acquire NFA items. The ATF, the DOJ and the current administration is examining this issue and could close this window by through ATF 41P.
In the same vain, there is also discussion by a group known as NFAFA that is challenging the validity of the NFA and the tax as Constitutional and working at both a state and federal level to lobby against and challenge the NFA laws and ease restrictions on the laws surrounding NFA items.
However I am here to tell you, there's nothing to be afraid of, nothing to worry about and "YOU ARE NOT A CRIMINAL"! (- Well at least I hope you are not, if you are, then you're on the wrong forum.)
So let me help ease your concerns and relieve your anxiety over obtaining NFA items.
There are two methods that you can obtain NFA items legally:
- Individual Method
- Gun Trust Method
First, you've got to pick out the item you want to get. Is it a silencer? Do you want to buy or convert a rifle into an SBR? Whatever the item is, do your research, ask around, watch YouTube reviews on the item and make an informed decision. Then find a Class II dealer and purchase your item. Often Class III dealers will help you along the way with questions about forms and process. Don't be afraid to ask, it behooves them to assist you.
The Individual Method
The Individual Method as I refer to it, is a more traditional approach to acquiring an NFA item legally. With this method, an individual must fill out all the BATFE paper work and then go to their county sheriff and get finger printed and have the sheriff sign off on your request. Then you submit your paper work (BATFE Form 4) along with your $200 tax check to the BATFE and upon approval, they will issue you a tax stamp and approval letter and you can go pick up your item.
Pro's:
- No additional costs other than your tax stamp cost, postage and of course your NFA item.
- The hassle of getting the finger printing done and a sheriff to sign off on your items. Some sheriff's aren't so 2nd Amendment friendly and I've known some to have a difficult time getting a signature depending on the sheriff.
- Also, if/when you should die, all of your NFA items must be returned to the government. Since you are the only person that can legally own or possess the item, once you are dead, your estate must return those items to the government. For example, you pass away of a heart attack and your wife inherits all your possessions. She would have to turn in all of your NFA items and if she wanted them back, she would have to go through the same application process as you did originally to obtain an NFA tax stamp to own them.
Gun Trust Method
The Gun Trust Method is my preferred way to go about acquiring NFA items. Basically you create a Living Trust called a "Gun Trust" that is specifically for guns that you may want to place in the trust (not advisable in my opinion) and of course NFA items. You can write your own Gun Trust, use software (some have had good luck using Quicken Will Maker), seek out an attorney to draw one up (be sure to seek out an attorney that is experienced in Gun Trusts) or use an online Gun Trust service (which is what I did).
In a Gun Trust you will list "Trustees" that can also possess the items in the trust. Caution, be careful who you list as a trustee because they can sell items from the trust. So if you're going through some marital issues, I would not suggest putting your wife-soon-to-be-ex-wife perhaps as a trustee. You can also list "Beneficiaries" that can inherit your trust upon your death (or the death of the trustees).
Once your Gun Trust has been created, signed and notarized properly, it becomes a legal entity. You will then make a copy and place the original in a safe or a safety deposit box, etc. (somewhere protected like any legal document). Then mail the copy of the trust along with your BATFE Form 4 that you filled out for your NFA item and your $200 tax check and send it to the BATFE for approval. Once you receive your tax stamp and approval letter, you take that to your Class III dealer and pick up your item, at which point, the Gun Trust is now the legal owner of the NFA item.
Pro's:
- No sheriff involvement / sign off.
- No background checks.
- No fingerprinting.
- More privacy.
- Others listed in the trust can have legal possession of the NFA items.
- The trust owns the NFA items. So at the time of your death, the trustees / beneficiaries take ownership of the trust.
- Cost of the Gun Trust (typically $99 - $299).
- Hassle of getting signatures and notarizing the Gun Trust (one-time only hassle though).
- Anyone listed as a "Trustee" could sell items from the Trust.
Be aware though, there are growing discussions around the window closing on the ability to use a Gun Trust to acquire NFA items. The ATF, the DOJ and the current administration is examining this issue and could close this window by through ATF 41P.
In the same vain, there is also discussion by a group known as NFAFA that is challenging the validity of the NFA and the tax as Constitutional and working at both a state and federal level to lobby against and challenge the NFA laws and ease restrictions on the laws surrounding NFA items.
