NFA Firearms

Are They Legal To Own?

It is LEGAL to purchase and own any NFA (National Firearms Act) firearm in Utah as long as it is in compliance with the Gun Control Act (GCA), and all state and federal laws.

  • Anyone who is 21 years of age or older and not a prohibited person can legally purchase an NFA Firearm from an FFL dealer.
  • Anyone who is 18 years of age or older and not a prohibited person can legally purchase an NFA Firearm through a private party transaction (private sale), but all the same paperwork and waiting period applies.

There are multiple types of NFA firearms. To read more about them see the FAQs at the bottom of the page.

They include:

  • Silencers (suppressors)
  • Short Barreled Rifles (SBR)
  • Short Barreled Shotguns (SBS)
  • Machine Guns
  • Any Other Weapons (AOW)

To legally possess an NFA firearm you can purchase the NFA firearm at your local gun store or it can be purchased from an online firearms retailer which is then sent to a Federal Firearms License (FFL) Dealer that has a valid Class 2 or Class 3 Special Occupational Tax (SOT). The buyer and FFL dealer then complete the ATF Form 4 Application for Tax Paid Transfer and Registration of Firearm.

The buyer can transfer the NFA firearm as an;

  • Individual
  • Trust
  • Corporation (not recommended), or
  • Other Legal Entity (not recommended)

There are two ways to file the ATF Form 4. It can be completed in paper form or eFile on the ATF website.

Applying As An Individual

Applying As An Individual - Paper Form 4

The paper Form 4 requires the completion of all the following:

  • ATF Copy (pages 1-3).
  • ATF Copy 2 (pages 8-10).
  • CLEO Copy (pages 11-13).
  • Two (2) recent passport-quality photographs. The individual’s full name & last four numbers of their social security number must be written on the back of both pictures, then attached to the ATF Copy (page 2) and ATF Copy 2 (page 9) in the spaces provided.
  • Two (2) completed and acceptable fingerprint cards printed on the FBI FD-258 fingerprint cards.
  • Payment for the Stamp Tax. This can be paid by attaching a Check, Cashier’s Check, or Money Order made payable to the “BATFE” or by putting your credit/debit card information in the space provided on the ATF Copy. The ATF accepts Visa, Mastercard, American Express, Discover, and Diners Club.

NOTE: All signatures on the Form 4 must be original, signed in ink. Digital signatures are NOT acceptable unless the FFL dealer has an approved variance for capturing digital signatures for National Firearms Act (NFA) forms submitted to NFA Division.

Mail to The ATF

The FFL dealer or you must mail ALL of the following to the ATF in the same envelope.

  • ATF Copy, pages 1 through 3. This stays with the ATF.
  • ATF Copy 2, pages 8 through 10. This is the copy that is returned to the registrant (you).
  • Two (2) completed and acceptable fingerprint cards.
  • If applicable, Check, Cashier’s Check, or Money Order made payable to the “BATFE”.

Bureau of Alcohol, Tobacco, Firearms and Explosives
P.O. Box 5015
Portland, OR 97208-5015
National Firearms Act Division

Mail to The CLEO

The FFL dealer or you must mail the CLEO Copy, pages 11 through 13 to the Chief Law Enforcement Officer (CLEO) which is your local police chief or county sheriff. It is only to notify the CLEO of your intent to purchase an NFA firearm. There is nothing the CLEO has to sign anything or approve.

Applying As An Individual - eForm 4

NOTE: You must have an active account on the ATF eForms website in order to complete and eFile the ATF Form 4. You must also have your login username and four-digit pin number. To create an account click here.

The eFile Form 4 requires the completion of all the following:

  • Electronic Form 4.
  • Upload a recent digital passport-quality photograph.
  • Recent fingerprints. This can be completed by uploading a digital EFT (Electronic Fingerprint Transmission) file with a confirmation of “Valid EBTS File” or by mailing two (2) completed and acceptable fingerprint cards after the Form 4 has been submitted.
  • Payment for the Stamp Tax. This is paid prior to submitting the eForm 4 through the Pay.gov website.

Note: Each attachment can be no larger than 30MB. The total file size per submission can be no larger than 600MB. Allowed file types are Word (.doc, .docx, .docm), PDF (Portable Document Format), Excel (.xls, xlsx, .xlsm), PowerPoint Presentation (.ppt, .pps, .pptx, .pptm), JPG and JPEG (Joint Photographics Expert Group), and GIF (Graphics Interchange Format)

Mail To The ATF

If applicable, the FFL dealer or you must mail two (2) completed and acceptable fingerprint cards along with a copy of the cover letter that you receive by email in the same envelope. The fingerprint cards must be mailed within ten (10) business days of the eForm 4 submission.
Note: The fingerprint cards are NOT needed if a valid EFT file was uploaded to the eForm.

Bureau of Alcohol, Tobacco, Firearms and Explosives
P.O. Box 5015
Portland, OR 97208-5015
National Firearms Act Division

Mail To The CLEO

The FFL dealer or you must mail the CLEO Copy, pages 11 through 13 to the Chief Law Enforcement Officer (CLEO) which is your local police chief or county sheriff. It is only to notify the CLEO of your intent to purchase an NFA firearm. There is nothing the CLEO has to sign anything or approve.

Applying As NFA Trust, Corporation or Other Legal Entity

Applying As NFA Trust, Corporation or Other Legal Entity - Paper Form 4

Paper Form 4

The paper Form 4 requires the completion of all the following:

  • ATF Copy (pages 1-3).
  • ATF Copy 2 (pages 8-10).
    IMPORTANT:
    Question 2 is the Trust, Corporation, or Other Legal Entity name and full address
    Question 3 is the Responsible Person’s name and full address
    DO NOT fill out questions 14 through 20 on page 9
  • CLEO Copy (pages 11-13).
  • One ATF Form 23 Responsible Person Questionnaire for EACH Responsible Person
  • One (1) recent passport-quality photograph. The individual’s full name & last four numbers of their social security number must be written on the back, then attached to page 1 of the ATF Form 23 in the space provided.
  • Two (2) completed and acceptable fingerprint cards for EACH Responsible Person
  • Payment for the Stamp Tax. This can be paid by attaching a Check, Cashier’s Check, or Money Order made payable to the “BATFE” or by putting your credit/debit card information in the space provided on the ATF Copy. The ATF accepts Visa, Mastercard, American Express, Discover, and Diners Club.

NOTE: All signatures on the Form 4 and Form 23(s) must be original, signed in ink. Digital signatures are NOT acceptable unless the FFL dealer has an approved variance for capturing digital signatures for National Firearms Act (NFA) forms submitted to NFA Division.

Mail to The ATF

The FFL dealer or you must mail ALL of the following to the ATF in the same envelope.

  • ATF Copy, pages 1 through 3. This stays with the ATF.
  • ATF Copy 2, pages 8 through 10. This is the copy that is returned to the registrant (trust, or other legal entity).
  • ATF Form 23, pages 1 through 4 for EACH Responsible Person
  • Two (2) completed and acceptable fingerprint cards for EACH Responsible Person
  • Copy of your NFA Gun Trust including a copy of all amendments
  • If applicable, Check, Cashier’s Check, or Money Order made payable to the “BATFE”.

Bureau of Alcohol, Tobacco, Firearms and Explosives
P.O. Box 5015
Portland, OR 97208-5015
National Firearms Act Division

Mail to The CLEO

The FFL dealer or you must mail ALL of the following, in the same envelope, to the Chief Law Enforcement Officer (CLEO) which is your local police chief or county sheriff. It is only to notify the CLEO of your intent to purchase an NFA firearm. There is nothing the CLEO has to sign anything or approve.

  • Form 4 – CLEO Copy, pages 11 through 13.
  • Form 23, pages 5 and 6 for EACH Responsible Person

Applying As NFA Trust, Corporation or Other Legal Entity - eForm 4

eForm 4

NOTE: You must have an active account on the ATF eForms website in order to complete and eFile the ATF Form 4. You must also have your login username and four-digit pin number. To create an account click here.

The eFile Form 4 requires the completion of all the following:

  • Electronic Form 4.
  • Upload a recent digital passport-quality photograph for EACH Responsible Person
  • Recent fingerprints for EACH Responsible Person. This can be completed by uploading a digital EFT (Electronic Fingerprint Transmission) file with a confirmation of “Valid EBTS File” or by mailing two (2) completed and acceptable fingerprint cards after the Form 4 has been submitted.
  • Copy of your NFA Gun Trust including a copy of all amendments
  • Payment for the Stamp Tax. This is paid prior to submitting the eForm 4 through the Pay.gov website.

NOTE: All signatures on the Form 23(s) must be original, signed in ink. Digital signatures are NOT acceptable unless the FFL dealer has an approved variance for capturing digital signatures for National Firearms Act (NFA) forms submitted to NFA Division.

Note: Each attachment can be no larger than 30MB. The total file size per submission can be no larger than 600MB. Allowed file types are Word (.doc, .docx, .docm), PDF (Portable Document Format), Excel (.xls, xlsx, .xlsm), PowerPoint Presentation (.ppt, .pps, .pptx, .pptm), JPG and JPEG (Joint Photographics Expert Group), and GIF (Graphics Interchange Format)

Mail To The ATF

If applicable, the FFL dealer or you must mail two (2) completed and acceptable fingerprint cards along with a copy of the cover letter that you receive by email in the same envelope. The fingerprint cards must be mailed within ten (10) business days of the eForm 4 submission.
Note: The fingerprint cards are NOT needed if a valid EFT file was uploaded to the eForm.

Bureau of Alcohol, Tobacco, Firearms and Explosives
P.O. Box 5015
Portland, OR 97208-5015
National Firearms Act Division

Mail To The CLEO

The FFL dealer or you must mail ALL of the following, in the same envelope, to the Chief Law Enforcement Officer (CLEO) which is your local police chief or county sheriff. It is only to notify the CLEO of your intent to purchase an NFA firearm. There is nothing the CLEO has to sign anything or approve.

  • Form 4 – CLEO Copy, pages 11 through 13.
  • Form 23, pages 5 and 6 for EACH Responsible Person

Now You Wait...

Now the long dreaded waiting period begins. It typically takes the ATF approximately between four (4) and nine (9) months to approve a Form 4. You can view the current processing times on the ATF website https://www.atf.gov/resource-center/current-processing-times.

ATF APPROVAL
After the ATF has approved the Form 4 and notified the FFL, you must then go to the FFL and complete the ATF Form 4473 Firearms Transaction Record just like you were purchasing any other firearm from an FFL dealer. On the 4473 it says, “No NICS check is required because a background check was completed during the NFA approval process on the individual who will receive the NFA firearm(s), as reflected on the approved NFA application.” However, Utah law requires a background check to be conducted for all firearm transfers including NFA firearms even after the ATF approval.

After the 4473 and background check have been completed you can now, finally, take the NFA firearm home.

ATF DENIAL
If any information on the Form 4 (or Form 23 if applicable) is incorrect, or the fingerprints, passport picture, etc. are not acceptable then the ATF will mail (or email in the case of eForms) a Denial Letter to the FFL with the reason for the denial and requiring that you provide the required items within 60 days.

Important Information

Possession Of NFA Firearms

  • NFA firearms transferred as an individual can only be legally possessed, and transported by the owner. They can never be possessed, or transported by any other individual unless the firearm’s registered owner is physically present.
  • NFA firearms owned by a Trust may be legally possessed by any trustee (i.e., if a husband and wife are both trustees, either of them may possess and transport the firearm without the other present).
  • Corporations that own NFA firearms can loan them to any employee of the corporation with a letter of permission on the corporate letterhead.

Documentation Required

  • A copy of the approved From 4 is required to be with the NFA firearm at ALL times.
  • If applicable, a copy of the Trust with the NFA firearm listed in the Trust is required to be with the NFA firearm at ALL times.
  • Upon the request of any ATF agent or investigator, or the Attorney General, the registered owner must provide proof of registration of the firearm. This includes the approved ATF Form 4 and, if applicable, the Trust or other legal document(s).

Transporting An NFA Firearm

  • If you want to transport an NFA firearm to another state the NFA firearm must be legal to possess in the state and you must complete and submit an ATF Form 5320.20 Application To Transport at least 45 days in advance AND receive approval from the ATF to transport the NFA firearm(s). This form is NOT required if the NFA firearm is a silencer.

Criminal Conduct & Penalties

There are certain criminal offenses, in relation to NFA firearms.

  1. Receiving or possessing a firearm transferred to oneself in violation of the NFA.
  2. Receiving or possessing a firearm made in violation of the NFA.
  3. Receiving or possessing a firearm not registered to oneself in the National Firearms Registration and Transfer Record.
  4. Transferring or making a firearm in violation of the NFA, or
  5. Obliterating, removing, changing, or altering the serial number of the firearm.

Violations of the Act are punishable by up to 10 years in federal prison and forfeiture of all devices or firearms in violation, and the individual’s right to own or possess firearms in the future. The Act provides for a penalty of $10,000 for certain violations. A willful attempt to evade or defeat a tax imposed by the Act is a felony punishable by up to five years in prison and a $100,000 fine ($500,000 in the case of a corporation or trust), under the general tax evasion statute. For an individual, the felony fine of $100,000 for tax evasion could be increased to $250,000.

What Is The National Firearm Act (NFA?

See the ATF website for the best explanation.

https://www.atf.gov/rules-and-regulations/national-firearms-act

What Are NFA Firearms?

The National Firearms Act of 1968 (NFA) defines a number of categories of regulated firearms. These weapons are collectively known as NFA firearms and include the following:

  • Silencers (suppressors) – Any portable device designed to muffle or disguise the report (sound) of a portable firearm.
  • Short Barreled Rifles (SBR) – Any firearm that has a stock and either a rifled barrel under 16 inches long or an overall length under 26 inches. The overall length is measured with any folding or collapsing stocks in the extended position. Including firearms that came from the factory with a stock that was later removed by a third party.
  • Short Barreled Shotguns (SBS) – Any shotgun with a barrel under 18 inches long or an overall length under 26 inches. The barrel must be a smooth bore.
  • Machine Guns – Any firearm which can fire more than one round per trigger pull. Firearms with a 3-round burst feature are considered machine gun features. The weapon’s receiver is by itself considered to be a regulated firearm.
  • Any Other Weapons (AOWs)—this is a broad “catch-all” category used to regulate any number of firearms that the ATF under the NFA enforces registration and taxation. Examples include, among others:
    1. Smooth-bore pistols.
    2. Pen guns and cane guns
    3. A firearm with combinations of smooth bore and rifle barrels 12 inches or more but less than 18 inches in length from which only a single shot can be made from either barrel.
    4. Disguised Firearms – Firearms that can be fired from within a wallet holster or a briefcase.
    5. A short-barreled shotgun that came from the factory with a pistol grip is categorized as an AOW rather than a Short Barrel Shotgun (SBS) because the Gun Control Act describes a shotgun as “Designed or redesigned to be fired from the shoulder”.
    6. Handguns with a forward vertical grip.
  • Destructive Devices – There are two broad classes of destructive devices:
    1. Devices such as grenades, bombs, explosive missiles, poison gas weapons, etc.
    2. Any firearm with a bore over 0.50 except for shotguns or shotgun shells which have been found to be generally recognized as particularly suitable for sporting purposes. (Many firearms with bores over 0.50″, such as 12-gauge shotguns, are exempted from the law because they have been determined to have a “legitimate sporting use”.)

What Is A Machine Gun?

A Machine Gun, also known as a select fire or fully automatic, is a firearm that has the ability to fire more than one round of ammunition on a single trigger press.

There are three categories of machine guns.

  1. Transferable Machine Guns. These are the ones that you can legally own. It means the machine gun was not imported into the United States after 1968, but was registered with the federal government before May 19, 1986.
  2. Pre-Sample Machine Guns. This means the machine gun was imported into the U.S. after 1968 but before May 19, 1986. Pre Samples are clearly stamped “Limited To Use As A Sales Sample” on the approved ATF Form 3.
  3. Post-Sample Machine Guns. This means the machine gun was manufactured or imported after May 19, 1986. Post Samples are clearly marked with a stamp that says “Restricted” on the approved ATF Form 3.

Pre-Sample and Post-Sample Machine Guns can only be purchased by:

  • FFL Dealers with a type 1 FFL, valid Class 3 SOT, and a Law Letter from a law enforcement, military or government agency with the intent to sell the machine gun(s) to these agencies; or
  • FFL Manufacturers/Dealers with a type 7 FFL, and valid Class 2 SOT. The Law Letter is NOT required.

What Is A Stamp Tax?

A “Stamp Tax” is a tax that the government requires to be paid to transfer an NFA firearm.

The tax for purchasing an NFA firearm or privately manufacturing an NFA firearm is $200, except for an AOW which is only $51.

In a number of situations, an NFA item may be transferred without a transfer tax. These include sales to government agencies, temporary transfers of an NFA firearm to a gunsmith for repairs, and transfer of an NFA firearm to a lawful heir after the death of its owner.
A permanent transfer, even if tax-free, must be approved by the ATF. The proper form must be submitted to ATF and approved before the transfer occurs. For example, lawful heirs must submit a Form 5 and wait for approval before taking possession of any NFA item willed to them since they are not legally considered transfers. The ATF does, however, recommend filing tax-free transfer paperwork on all such temporary transfers, to confer an extra layer of legal protection on both the owner and the gunsmith.

1 The “Stamp Tax” for manufacturing an AOW is still $200.

What Is A Responsible Person?

As explained on the ATF Form 23 Responsible Person Questionnaire:

Responsible Person. In the case of a legal entity, including any trust, partnership, association, company (to include any Limited Liability Company (LLC)), corporation, or Licensed Entity that does not pay the Special (Occupational) Tax, any individual who possesses, directly or indirectly, the power or authority to direct the management and policies of the trust or entity to receive, possess, ship, transport, deliver, transfer or otherwise dispose of a firearm for, or on behalf of, the trust or legal entity.

Trust. Those persons with the power or authority to direct the management and policies of the trust includes any person who has the capability to exercise such power and possesses, directly or indirectly, the power or authority under any trust instrument, or under State law, to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of the trust. Examples of who may be considered a Responsible Person include settlors/grantors, trustees, partners, members, officers, directors, board members, or owners. An example of who may be excluded from this definition of responsible person is the beneficiary of a trust, if the beneficiary does not have the capability to exercise the enumerated powers or authorities.

Basically, this means:

  • Trustee(s) are the main individual(s) owner(s) of the Trust. You can use, possess and transport the NFA firearm.
  • Co-Trustees are individuals who can also use, possess and transport the NFA firearm in the trust. They do not need to sign the trust. Do not list yourself as a Co-trustee.
  • Beneficiaries are individuals who inherit the trust property in the event of your death. They CANNOT use, possess and transport the NFA firearm unless a Trustee or Co-Trustee is physically present with them. They do not need to sign the trust. Do not list yourself as a Beneficiary.