This guide covers the basics of National Firearms Act, focusing on Short Barreled Rifles, Short Barreled Shotguns and Suppressors and quick explanation of the NFA process
This guide is not to be used as legal advice. The following information is provided for general, informational and educational purposes only and is not substitute for professional legal advice.
Basics of National Firearms Act
What is the NFA?
The National Firearms Act of 1934 represents the first major federal effort to regulate the manufacture and transfer of firearms. Enacted primarily as an exercise of Congress’s taxing power, the NFA’s underlying purpose, as revealed by legislative history, was to curtail or even prohibit transactions in certain categories of firearms perceived as particularly dangerous or easily concealable. The Act achieves this through a system of registration and taxation. It imposes a significant excise tax on the manufacture and transfer of NFA-defined firearms and requires the registration of all such firearms with the federal government. A key element is the $200 tax stamp required for the making or transfer of most NFA items, a fee that has remained unchanged since 1934 and was initially considered prohibitive ($4773 in 2025 money). Amendments, particularly Title II of the Gun Control Act of 1968, refined the NFA, addressing constitutional issues and expanding definitions.
What Does the NFA Regulate?
Short-Barreled Rifles (SBRs) – Rifles with a barrel shorter than 16 inches or an overall length under 26 inches.
Short-Barreled Shotguns (SBSs) – Shotguns with a barrel shorter than 18 inches or an overall length under 26 inches.
Machine Guns – Fully automatic firearms capable of continuous fire with a single trigger pull.
Suppressors (Silencers) – Devices that reduce the sound signature of a firearm.
Destructive Devices (DDs) – Includes explosives, grenades, and some large-bore firearms (.50 caliber and above, unless exempted for sporting use).
Any Other Weapons (AOWs) – Firearms that don’t fit traditional classifications, such as smoothbore pistols and disguised firearms (e.g., pen guns, cane guns). These types of items have a tax of $5, rather than the full $200 of a regular NFA item.
How does the NFA work?
NFA is a broad topic, especially when it comes to Machine Guns, therefore we will focus on SBRs, SBSs and Suppressors.
Types of ATF Forms (Form 1 & 4)
There are various types of applications available, however we will focus on the two main application types for an Individual applicant.
ATF Form 1 (Application to Make and Register a Firearm)
This form is used when an individual or entity (other than a licensed manufacturer) intends to create an NFA firearm. Common examples include building a silencer from parts or converting a standard rifle into an SBR by shortening the barrel or adding a stock to a pistol under specific conditions. The applicant must submit the Form 1 with the $200 tax and receive ATF approval before manufacturing the item. The applicant must also comply with federal requirements for marking the firearm with their name (or trust name), city, and state, along with a serial number if one is not already present.
This form also applies to homemade suppressors.
ATF Form 4 (Application for Tax Paid Transfer and Registration of Firearm)
This is the most common form for individuals acquiring NFA items. It is used when purchasing or receiving an existing NFA firearm (like a silencer, SBR, SBS, or pre-1986 machine gun) from a licensed dealer (FFL/SOT) or another individual. The application requires detailed information about the firearm, the transferor, and the transferee, along with payment of the applicable transfer tax. Approval must be received before the firearm can be transferred.
Bonus - Form (Form 5)
ATF Form 5 (Application for Tax Exempt Transfer and Registration of a Firearm): While less common for initial acquisitions, this form is crucial for certain tax-exempt transfers. Most relevantly for individuals, it is used for the lawful transfer of NFA firearms from a decedent’s estate to a lawful heir. It is also used for transfers to government agencies and for unserviceable firearms transferred as curios.
Form Submission
Each of these applications can be sent in either via mail or electronically, each of those methods have different expected processing times. You can check the ATFs website for a rough estimate.. These waiting times used to be counted in months (up to a year or more), forturnately the process has gotten significantly more streamlined and the waiting time can be as little as a few days to as long as few weeks or longer.
Requirements for Individuals
Individuals applying to make or receive NFA firearms must meet several federal requirements:
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Background Check: The federal NFA process inherently involves background checks. While FFLs typically conduct NICS checks for standard firearm transfers, the process for NFA items is slightly different at the federal level. The extensive background investigation conducted by the ATF during the Form 1 or Form 4 review serves this purpose.
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Fingerprints & Photographs: Individual applicants (and all “responsible persons” associated with trusts or legal entities) must submit duplicate fingerprint cards (FBI Form FD-258) and passport-style photographs taken within one year of the application date with their Form 1 or Form 4 applications. You can either find a place which offers digital fingerprinting services or local fingerprint rolling to submit with your forms or you may roll your own fingerprints by ordering a fingerprinting ink pad ~$10 and official fingerprinting cards which can be ordered for free directly from the ATF (alongside any paper form or appliction). When filing online using an eForm, you can either upload your digital fingerprint file, or you will be required to mail in fingerprint cards and other materials during the application process. There are various vendors throughout Connecticut which offer
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Chief Law Enforcement Officer (CLEO) Notification: Following regulatory changes (ATF Rule 41F), applicants are no longer required to obtain a signature or certification from their local CLEO (e.g., Chief of Police, Sheriff). Instead, they are required to notify their CLEO by sending a copy of the completed application form when it is submitted to the ATF. Proof of this notification must be submitted with the application package to the ATF.
NFA Gun Trusts
An alternative to acquiring NFA items as an individual is to use a legal entity, such as a gun trust. NFA Gun Trusts became popular as they historically bypassed the CLEO signature requirement (now notification) and allow multiple individuals (trustees or “responsible persons”) to legally possess and use the NFA items held by the trust. However, under current regulations (Rule 41F), all designated “Responsible Persons” within the trust or entity must undergo the same requirements as individual applicants, including submitting fingerprints, photographs, and undergoing background checks at the time of new purchase. The $200 tax stamp is still required for each item acquired by the trust. Proper documentation proving the existence and validity of the trust or entity must be submitted with the NFA application.
NFA Gun Trusts in Connecticut
In Connecticut, you can only use gun trusts for suppressors. NFA and non-NFA firearms cannot be legally registered to a legal entities, as there are permit requirements for firearm purchases.
Remaining benefit of Gun Trusts for NFA
As the rules changed in the past, gun trusts need to submit Responsible Persons Questionnaires for each of the Trust members with any new purchases. However, you do not need to run those background checks when adding Trust members, you do need to ensure that those individuals are legally able to posses those items.
Scenario: You create a gun trust and you are the only one on the trust, you purchase two suppressors as the trust. You decided to add a family member, you add them as a trustee, they do not need to submit anything at the time they join the trust and assuming they are not prohibited from lawful possession of said suppressor, they may be in possession of the items placed in the trust before the relative became a trustee. Lastly, you decided to get a third suppressor for the trust, at this point, all members, that being you and your relative will need to provide fingerprints, information, etc at the time of the ATF Forms being submitted, that includes the Responsible Person Questionnaire. The process can be confusing, so make sure you ask your SOT (NFA dealer) FFL to help you with the process.
As you can see, it’s still beneficial to get a gun trust for NFA items, it’s helpful with estate planning as well, as the trustees can be beneficiaries of the items placed in the trust. It’s a good idea if you want to load the trust with NFA items and then add any additional trustees.
The topic of gun trusts is really broad and has many caveats, please seek more information by contacting a knowledgeable estate planning attorney or
Future NFA Considerations
Starting January 1st 2026, transfers and making of Suppressors, SBRs and SBSs, as well as AOWs will have a $0 tax stamp.
As always, if there is any mistakes, incorrect information or errors in the guide, please let me know, and I will edit it accordingly.
