NFA FIREARMS Guide

WARNING!!!  This is a brief description of NFA Firearms and how to lawfully possess them.  It is provided to give the reader a starting point in his or her quest to own an NFA Firearm. Neither Robinson Armament Co., nor its owners, managers, employees, etc. shall be liable for any mistakes, omissions, etc. in the text that follows.  Some states do not allow the possession of NFA Weapons.  Be aware that the laws change periodically and so do the ATF Forms.

Short Barreled Rifles

Many of you want to own an XCR™ with those cool looking short barrels.  Rifles with barrels less than 16" in length or with an overall length less than 26" are strictly regulated by federal law under the National Firearms Act (NFA).  These firearms are referred to as NFA Weapons or, more specifically, as SBRs (Short Barreled Rifles). Unlawful possession of an SBR is a felony with stiff penalties.  (Note:  Sound Suppressors, Any Other Weapons, and Machine Guns are also NFA Weapons.  Though you can own SBRs, Suppressors, and Any Other Weapons recently made, you can only own Machine Guns that were made in the U.S. prior to May 19, 1986.  Though this outline mainly addresses SBRs, the same process is used to obtain other NFA Weapons.)

Lawful possession of an SBR requires the prior approval by the NFA Branch of the Bureau of Alcohol Tobacco Firearms (BATF or ATF).   Some states do not allow the possession of SBRs at all.

There are two ways one can lawfully possess an SBR.

Transfer to a Class 03 Dealer and then Transfer to You

Transfers of possession of SBRs require the prior approval of the NFA Branch of the BATF.  Application must be made with the NFA Branch using special forms.  Here's the way it works.

You need to find a Federal Firearms Licensed (FFL) Dealer or Manufacturer in your state who has either a Class 03 or Class 02 license in addition to his FFL.  The NFA Dealer needs to send us (by fax or email) a copy of his FFL and Class 03 or 02 license.

After receiving your dealer's documents, we submit an ATF Form 3 application to the NFA Branch to transfer the SBR to your dealer.  After we receive a copy of the approved ATF Form 3, we can ship the SBR to your dealer.  Approval can take a few weeks.

Upon receipt by your dealer of the SBR, he will submit an ATF Form 4 application to transfer possession of the SBR to you.  The ATF Form 4 requires that you obtain passport photos, fingerprint cards, and a law enforcement signature (certification).  The ATF Form 4 lists those who can sign in this capacity.  An experienced dealer can guide you in your quest to obtain these items.   You must also pay a $200 one-time tax referred to as a "Transfer Tax".  Approval can take a few weeks because the FBI must do a background check on you.

You cannot take possession of the SBR until your dealer receives the approved ATF Form 4.  You should always keep a copy of this ATF Form 4 with your SBR and another copy in a safe place.

Manufacture of an SBR Yourself

You can manufacture an SBR from a regular 16" (or longer) barreled rifle yourself only after you have received approval from the NFA Branch of the BATF to do so.  The application is made on an ATF Form 1.  You cannot install a barrel shorter than 16" on your rifle until you have the approved ATF Form 1 in hand.

The ATF Form 1 also requires passport photos, fingerprint cards, a law enforcement signature, and a $200 one-time tax.  However, because you are the manufacturer, you must put manufacturer markings on the receiver of the SBR.  There are federal rules for the size, depth, and content of these markings.  There is no room to properly discuss marking here. 
 

Once You Have an SBR

Once your rifle is registered as an SBR, you cannot just sell it.  The receiver is registered and you cannot sell or transfer it to anyone unless you have prior approval by the NFA Branch of the BATF.  You  must submit and receive approval of an ATF Form 4 before you can make the transfer. 

Furthermore, one many not transport an NFA firearm interstate (from one state to another) without first filing and receiving approval using the ATF Form 5320.20 (Application to Transport Interstate or to Temporarily Export Certain NFA Firearms).  NFA Dealers and Manufacturers do not need to make such application before traveling with their NFA Firearms interstate.  However, be careful.  Some states do not allow possession of NFA weapons.  Before you go to another state with your NFA Firearms, make sure you know what the law is.  Know before you go.

If you are permanently moving to another state with your NFA firearms, there's another form and procedure.

Where to Start?

We recommend that you first find a reputable FFL Dealer with a Class 03 or Class 02 License.  He can walk you through the paperwork and may be able to suggest a law enforcement official willing to sign the ATF Forms you need.  In some jurisdictions, the law enforcement officials are unwilling to sign the forms.  So, at least, make sure have an official willing to sign before you order.  You can usually get the same law enforcement agency which signs to take your fingerprints for a fee.   NOTE:  In addition to the ATF Forms, you will need fingerprint cards (FBI FD-258). The most current forms and fingerprint cards can be had through the ATF's Distribution Center located at  http://www.atf.gov/dcof/index.htm.  Ask you dealer for more information.

Have your Dealer fax  us or mail us a copy of his FFL and Class 03 or Class 03 license.  We can get the process started from there.
 

Other Options.

The barrel length is measured as the distance from the bolt face (with bolt closed) to the end of the barrel with the flash hider or muzzle brake removed if it is removable.  Some like the look of a shorter barrel with a longer flash hider or muzzle brake.  We can permanently attach a longer flash hider or muzzle brake to a shorter barrel to get the legal 16" length.  There are some disadvantages to this approach - the muzzle brake or flash hider cannot be removed for cleaning or to try out other muzzle devices.

Conclusion

We hope this answers most of your questions.  We cannot give you legal advice.  You should contact a reputable Class 03 or Class 02 Dealer, your state police, or hire an attorney versed in these matters for more information.  The laws of each state are different.  It's not as hard as it sounds to own an SBR or other NFA Weapon.  In the jurisdictions that allow NFA weapons, all you need to have is a clean record and a little patience.