NFA Overview

3G Tactical is a licensed Class III/SOT dealer registered with the BATFE. We are able to legally transfer firearms and devices regulated by Title II of the Gun Control Act of 1968 to qualified individuals and organizations, and to assist in the application for purchase. We have created this section to familiarize you with the history of the National Firearms Act and it's subsequent Ammendments as well as the equipment that is available, the laws concerning them, and how to acquire them.
National Firearms Act of 1934
The National Firearms Act ("NFA"), enacted on June 26, 1934 is an Act of Congress that, in general, imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The Act was passed shortly after the repeal of Prohibition. Similar to the current NFA, the original Act imposed a tax on the making and transfer of firearms defined by the Act, as well as a special (occupational) tax on persons and entities engaged in the business of importing, manufacturing, and dealing in NFA firearms. The law also required the registration of all NFA firearms with the Secretary of the Treasury. Firearms subject to the 1934 Act included shotguns and rifles having barrels less than 18 inches in length, certain firearms described as “any other weapons,” machineguns, and firearm mufflers and silencers.

While the NFA was enacted by Congress as an exercise of its authority to tax, the NFA had an underlying purpose unrelated to revenue collection. As the legislative history of the law discloses, its underlying purpose was to curtail, if not prohibit, transactions in NFA firearms. Congress found these firearms to pose a significant crime problem because of their frequent use in crime, particularly the gangland crimes of that era such as the St. Valentine’s Day Massacre. The $200 making and transfer taxes on most NFA firearms were considered quite severe and adequate to carry out Congress’ purpose to discourage or eliminate transactions in these firearms. The $200 tax has not changed since 1934.

As structured in 1934, the NFA imposed a duty on persons transferring NFA firearms, as well as mere possessors of unregistered firearms, to register them with the Secretary of the Treasury. If the possessor of an unregistered firearm applied to register the firearm as required by the NFA, the Treasury Department could supply information to State authorities about the registrant’s possession of the firearm. State authorities could then use the information to prosecute the person whose possession violated State laws. For these reasons, the Supreme Court in 1968 held in the Haynes case that a person prosecuted for possessing an unregistered NFA firearm had a valid defense to the prosecution — the registration requirement imposed on the possessor of an unregistered firearm violated the possessor’s privilege from self-incrimination under the Fifth Amendment of the U.S. Constitution. The Haynes decision made the 1934 Act virtually unenforceable.
Gun Control Act of 1968
The Gun Control Act of 1968 was enacted October 22, 1968 and is a federal law in the United States that broadly regulates the firearms industry and firearms owners. It primarily focuses on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except among licensed manufacturers, dealers and importers. Title II of the GSA amended the NFA to cure the constitutional flaw pointed out in Haynes. First, the requirement for possessors of unregistered firearms to register was removed. Indeed, under the amended law, there is no mechanism for a possessor to register an unregistered NFA firearm already possessed by the person. Second, a provision was added to the law prohibiting the use of any information from an NFA application or registration as evidence against the person in a criminal Aproceeding with respect to a violation of law occurring prior to or concurrently with the filing of the application or registration. In 1971, the Supreme Court reexamined the NFA in the Freed case and found that the 1968 amendments cured the constitutional defect in the original NFA.

Title II also amended the NFA definitions of “firearm” by adding “destructive devices” and expanding the definition of “machine gun.”

Importation of NFA firearms was banned by the Gun Control Act of 1968 which implemented a "sporting" clause. Only firearms judged by BATFE to have feasible sporting applications can be imported for civilian use. Licensed manufacturers of NFA firearms may still, with the proper paperwork, import foreign NFA firearms for research and development purposes, or for government use.

Categories of Firearms Regulated by Title II

The National Firearms Act of 1934 (NFA) defines a number of categories of regulated firearms. These weapons are collectively known as NFA firearms and include the following:
Machine Guns This includes any firearm which can fire more than 1 cartridge per trigger pull. Both continuous fully automatic fire and "burst fire" also know as "select fire" (i.e., 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.
Short Barrel Rifles (SBR) A rifle is a firearm designed to be fired from the shoulder and designed to use the energy of an explosive in a fixed cartridge to fire only a single projectile through a rifled barrel for each single pull of the trigger. A rifle subject to the NFA has a barrel or barrels of less than 16 inches in length.

A weapon made from a rifle is a rifle type weapon that has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length.
Short Barrel Shotguns (SBS) A shotgun subject to the NFA is designed to be fired from the shoulder, has a barrel or barrels of less than 18 inches in length, and the barrel(s) must be a smoothbore.

A weapon made from a shotgun is a shotgun type weapon that has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length.
Silencers (Suppressors) This includes any portable device designed to muffle or disguise the report of a portable firearm. This category does not include non-portable devices, such as sound traps used by gunsmiths in their shops which are large and usually bolted to the floor.
Destructive Devices (DD) There are two broad classes of destructive devices:

  Devices such as grenades, bombs, explosive missiles, poison gas weapons, etc.

  Any non-sporting firearm with a bore over 0.50", such as a 40mm grenade launcher often used in conjunction with military rifles. (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.)
Any Other Weapons (AOW) This is a broad "catch-all" category used to regulate any number of firearms which the BATFE under the NFA enforces registration and taxation. Examples include, among others:

  Smooth-bore pistols

  Pen guns and cane guns

  A firearm with combinations 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.

  Disguised firearms

  Firearms that can be fired from within a wallet holster or a briefcase

  A short-barreled shotgun which 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 of 1968 describes a shotgun as "designed or redesigned to be fired from the shoulder"

  Handguns with a forward vertical grip.

Firearm Owners’ Protection Act of 1986
The domestic manufacture of new machine guns that civilians could purchase was effectively banned by language in the Firearm Owners Protection Act of 1986 (also known as "McClure-Volkmer"). The language was added in an amendment from William J. Hughes and referred to as the Hughes Amendment. Machine guns legally registered prior to May 19, 1986 are still legal for possession by and transfer among civilians where permitted by state law. Machine guns manufactured after the Firearm Owners Protection Act of 1986 can be sold only to law enforcement and government agencies, exported, or held as inventory or "dealer samples" by licensed manufacturers and dealers.

The Hughes Amendment affected only machine guns. All other NFA firearms are still legal for manufacture and registration by civilians under Form 1, and transfer of registration to civilians under Form 4 (though some states have their own laws governing which NFA firearms are legal to own there). Suppressors and Short Barrel Rifles are generally the most popular NFA firearms among civilians, followed by Short Barrel Shotguns, Destructive Devices, and "Any Other Weapons". While most NFA firearms are bought from manufacturers and transferred to civilians through a dealer, many are made by the civilians themselves after filing a Form 1 and paying the $200 manufacturing tax.

Contact Info

 3G Tactical
 1455 W. Main St.
 Tipp City, OH 45371

 Tel: (937) 506-8108

 Fax: (937) 506-8132

 FFL# 4-31-XXX-XX-XX-02890

 FFL Locator


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