Federal
Gun Laws

The NFA regulates certain categories of weapons by requiring registration and a $200 tax stamp for each item. NFA items include: suppressors (silencers), short-barreled rifles (SBRs), short-barreled shotguns (SBSs), machine guns, destructive devices, and "any other weapons" (AOWs — $5 tax for transfers).

To acquire an NFA item, you must submit an ATF Form 4 (for transfers from a dealer) or Form 1 (to manufacture/build your own). This includes fingerprints, a passport-style photo, a background check, and the tax payment. Wait times vary — historically ranging from weeks to over a year depending on ATF processing volume.

NFA items must be registered in the National Firearms Registration and Transfer Record (NFRTR). Possession of an unregistered NFA item is a federal felony.

The $200 tax stamp has been the same amount since 1934 — it has never been adjusted for inflation.

The GCA established the Federal Firearms License (FFL) system. Anyone "engaged in the business" of selling firearms must hold an FFL.

The GCA prohibits the sale of firearms to certain categories of people: convicted felons, fugitives, unlawful drug users, persons adjudicated as mentally defective, illegal aliens, persons dishonorably discharged from the military, persons who have renounced U.S. citizenship, persons under domestic violence restraining orders, and persons convicted of misdemeanor domestic violence.

The GCA set minimum age requirements: 18 for long guns (rifles/shotguns) and 21 for handguns when purchasing from an FFL. Private sales follow state law.

Interstate handgun sales must go through an FFL in the buyer's state of residence. Long guns can be purchased in another state from an FFL if the sale complies with both states' laws.

FOPA amended the GCA and included the Hughes Amendment, which banned the civilian transfer or possession of machine guns manufactured after May 19, 1986.

Pre-1986 registered machine guns can still be legally transferred between civilians with proper NFA paperwork. These are known as "transferable" machine guns and command extremely high prices due to the fixed supply.

FOPA also established safe passage provisions — allowing lawful firearm owners to transport firearms through states where those firearms might otherwise be restricted, provided the firearms are unloaded and not readily accessible during transport.

The Brady Act established the National Instant Criminal Background Check System (NICS), operated by the FBI.

All FFL sales require a NICS background check. The dealer contacts NICS, provides buyer information, and receives a Proceed, Delayed, or Denied response.

If a response is delayed and the FBI does not resolve it within three business days, the FFL may proceed with the transfer at their discretion (the "default proceed" or "Charleston loophole").

Private sales (non-FFL transfers) are not subject to federal background check requirements, though many states — including Nevada — have enacted their own requirements.

Common FFL types: Type 01 (dealer), Type 02 (pawnbroker), Type 07 (manufacturer), Type 06 (ammo manufacturer), Type 08 (importer).

Special Occupational Tax (SOT) classes allow FFL holders to deal in NFA items: Class 1 (importer of NFA items), Class 2 (manufacturer of NFA items), Class 3 (dealer of NFA items). A "Class 3 dealer" is an FFL with SOT that can sell NFA items to the public.

SOT holders can possess post-1986 machine guns as dealer samples for law enforcement demonstration purposes.

Every firearm purchase from an FFL requires the buyer to complete ATF Form 4473 — the Firearms Transaction Record.

The form collects buyer identification, residency, and eligibility information. Lying on a 4473 is a federal felony punishable by up to 10 years in prison.

FFLs are required to retain 4473 forms for at least 20 years. When an FFL goes out of business, records are transferred to the ATF's National Tracing Center.

In January 2023, the ATF published a final rule reclassifying many pistols equipped with stabilizing braces as short-barreled rifles under the NFA.

This rule has faced significant legal challenges. Multiple federal courts have issued injunctions. As of late 2026, enforcement has been largely blocked by court orders, and the rule's future remains uncertain.

If you own a braced pistol, stay current on the legal status. The situation continues to evolve through the courts.

Federal law has historically allowed individuals to manufacture firearms for personal use without serialization or an FFL, provided the firearm is not made for sale.

In 2022, the ATF published a rule (2021R-05F) expanding the definition of "firearm" to include certain frames, receivers, and weapon parts kits. This rule requires FFLs to serialize unserialized firearms that come into their possession.

This rule has also faced legal challenges. Check current status before building or purchasing unserialized frames/receivers.