New feature

NFA transactions

GunTab now supports NFA items like silencers, short-barreled guns and machine guns. Just follow the usual process to send a payment offer or payment request, and you'll be able to select from all these new NFA item types.

GunTab

Nov 24, 2020 • 3 min read

We are pleased to announce that GunTab now supports buying and selling items regulated under the National Firearms Act (NFA). This includes silencers, short-barreled guns, and machine guns.

What changed?

Previously GunTab did not support NFA items. Specifically, GunTab offered no NFA options in the list of "item types" you must select from when sending a payment offer/request. That was because NFA items are additionally regulated.

NFA transactions generally require these additional steps:

Buyer completion of a special form (usually a Form 4).
Buyer purchase of a "tax stamp" (usually $200).
Transfer through a gun dealer classified as a Class 3 Special Occupational Taxpayer (SOT). Note the same-state transfer exception, explained below.

GunTab has now completed a series of improvements that allow us to support NFA items and the additional steps they involve. We now support the following NFA item types:

Silencer/Suppressor
Short-barreled rifle (SBR)
Short-barrled shotgun (SBS)
Machine gun
Any Other Weapon (AOW)

You will see these new NFA item types in the "Describe the item" form. This is the first step you see after clicking to create a payment offer or a payment request.

The updated "item type" list, showing the new NFA item types.

The same-state transfer exception

GunTab allows transfer without a gun dealer in same-state NFA transactions, meaning transfer directly from seller to buyer, as long as state law does not prohibit it. This complies with both federal law and GunTab policy. This also saves the buyer substantial time and money, because otherwise two formal transfers are required:

Basically, if you sell to a person in your state you'll only need to submit a Form 4 directly from you to the buyer. If the buyer is in another state, you'll need to do a Form 4 to an FFL/SOT (i.e. Class 3) license holder in that state - and then the FFL will have to do another Form 4 from them to the buyer. Keep in mind that each Form 4 (even to a dealer) requires a $200 tax stamp payment as well as an NFA wait period. On top of that, most FFLs will expect to charge a transfer fee for this service. (Silencer Shop)

Federal law does not require a formal transfer process for an ordinary firearm when the transaction occurs between residents of the same state:

When a transaction takes place between unlicensed persons who reside in the same state, the Gun Control Act (GCA) does not require any record keeping. (BATF)

To be clear, there are some caveats to this same-state exception. First, the seller cannot believe the buyer is prohibited from possessing a firearm. Second, the seller must abide by any state law that requires formal transfer through a gun dealer:

A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions. (BATF)

Although federal law does not require a formal transfer for same-state transactions, GunTab does. GunTab requires that all firearm transactions involve a formal transfer process, including a background check, without exceptions. However, to buy an NFA item, a buyer must complete a BATF Form 3 or Form 4 and an accompanying background check. GunTab considers those equivalent to the BATF Form 4473 and accompanying background check which are completed through a gun dealer for ordinary firearms. So the Form 3/4 requirement for NFA transactions satisfies GunTab's requirement for formal transfer.

Resources about NFA transactions

Want to learn more about NFA transactions? These question-and-answer resources are all from the BATF, and are in the order you might ask them if engaging in a transaction for an NFA item.