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.
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:
- 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 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.
- Which firearms are regulated under the NFA?
- How can a person legally obtain NFA firearms?
- Form 4 - Application for Tax Paid Transfer and Registration of Firearm (ATF Form 5320.4)
- How long does it take to process an NFA Paper Form or NFA eForm?
- What is the tax on the transfer of an NFA firearm?
- How do I pay an NFA tax?
- Does the registered owner of [an NFA item] need authorization to lawfully transport such items interstate?
- May machine guns be transferred from one registered owner to another?
- What recordkeeping procedures should be followed when two unlicensed individuals want to engage in a firearms transaction?
- Does the possessor of an NFA firearm have to show proof of registration?