Q: How can an individual legally acquire NFA firearms?
Basically, there are 2 ways that an individual (who is not prohibited by Federal, State, or local law from receiving or possessing firearms) may legally acquire NFA firearms:

By transfer after approval by ATF of a registered weapon from its lawful owner residing in the same State as the transferee.
By obtaining prior approval from ATF to make NFA firearms.
[27 CFR 479.62-66 and 479.84-86]



Q: What are the required transfer procedures for an individual who is not qualified as a manufacturer, importer, or dealer of NFA firearms?
ATF Form 4 (5320.4) must be completed, in duplicate. The transferor first completes the face of the form. The transferee completes the transferee’s certification on the reverse of the form and must have the “Law Enforcement Certification” completed by the chief law enforcement officer.

The transferee is to place, on each copy of the form, a 2-inch by 2-inch photograph of the transferee taken within the past year (proofs, group photographs or photocopies are unacceptable). The transferee’s address must be a street address, not a post office box. If there is no street address, specific directions to the residence must be included.

If State or local law requires a permit or license to purchase, possess, or receive NFA firearms, a copy of the transferee’s permit or license must accompany the application. A check or money order for $200 ($5 for transfer of “any other weapon”) shall be made payable to ATF by the transferor. All signatures on both copies must be in ink.

Fingerprints also must be submitted on FBI Form FD-258, in duplicate. Fingerprints must be taken by a person qualified to do so, and must be clear and classifiable. If wear or damage to the fingertips do not allow clear prints, and if the prints are taken by a law enforcement official, a statement on his or her official letterhead giving the reason why good prints are unobtainable should accompany the fingerprints.

Forward the completed application and appropriate tax payment to the Bureau of ATF, P.O. Box 73201, Chicago, IL 60673.

Transfer of the NFA firearm may be made only upon approval of the ATF Form 4 by the NFA Branch. If the application is approved, the original of the form with the cancelled stamp affixed showing approval will be returned to the applicant. If the tax application is denied, the tax will be refunded.

Upon approval of the ATF Form 4, the transferor should transfer the firearm as soon as possible, since the firearm is now registered to the transferee.

[26 U.S.C. 5812, 27 CFR 479.84-86]

If my information is correct, when you get a tax stamp for a class 3 weapon, you are basically surrendering your right to probable or reasonable cause for a search of your home are you not? This has always been one of the major hang ups for me on purchasing one. Not that I have anything to hide... I just don't want a no-knock raid on my home during meal time. Anybody know if there is any truth behind this?

Pretty much. I remember when my BIL was a Class III they could come in and inspect his place of business, i.e. his house.

Interesting thing is that where I live, supposedly the head of local law enforcement has to approve purchase (or possesion) of Class III weapons and suppressors. Our police chief has stated in public forums in our community that he wouldn't approve one.

Q: Is the chief law enforcement officer required to sign the law enforcement certification on ATF Form 1 or ATF Form 4?
No, law enforcement officers can be compelled to sign the law enforcement certification under Federal or State law. However, ATF will not approve an application to make or transfer a firearm on ATF Forms 1 or 4 unless the law enforcement certification is completed by an acceptable law enforcement official who has signed the certification in the space indicated on the form. See “What law enforcement officials’ certifications on an application to transfer or make an NFA weapon are acceptable to ATF?” for more information.

Q: If the chief law enforcement official whose jurisdiction includes the proposed transferee’s residence refuses to sign the “law enforcement certification,” will the signature of an official in another jurisdiction be acceptable?
No. But see “What law enforcement officials’ certifications on an application to transfer or make an NFA weapon are acceptable to ATF?” for the list of acceptable chief law enforcement officers.

Q: What law enforcement officials’ certifications on an application to transfer or make an NFA weapon are acceptable to ATF?
As provided by regulations, certifications by the local chief of police, sheriff of the county, head of the State police, or State or local district attorney or prosecutor are acceptable. The regulations also provide that certifications of other officials are appropriate if found in a particular case to be acceptable to the Director. Examples of other officials who have been accepted in specific situations include State attorneys general and judges of State courts having authority to conduct jury trials in felony cases.

[27 CFR 479.63 and 479.85]

I have been told that the County Sheriff and prosecuting attorney in our county have the same policy.

I think that it is funny that I have seen hunting show where the people are hunting in other countries, like Scotland, and they are required to have suppressors on the hunting rifles.