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The National Firearms Act Explained – The Legal Brief!


Welcome back to The Legal Brief, the show
where we CRUSH the various legal myths and misinformation surrounding various areas of
the gun world. I’m your host Adam Kraut and today we’re
getting back to the basics with The National Firearms Act of 1934. During the filming of the ITAR episode, Jon
mentioned that he had spoken to a mutual friend of ours who asked how the show was going. It came up during the course of their conversation
that a lot of the things I refer to, such as the National Firearms Act or NFA, a number
of people have no idea about, including the mutual friend of ours. So in an effort to help give you guys the
building blocks of basic firearms law must knows, this week, we’ll be discussing the
NFA. The National Firearms Act of 1934 was the
first major federal attempt at gun control in the United States. To put things in perspective, prior to its
enactment prohibition was in effect and gang violence was rather common amongst those who
wished to be purveyors of fine alcoholic beverages. There were several events that lead up to
the enactment of the NFA, notably the St. Valentine’s Day Massacre. For those of you not familiar, the St. Valentine’s
Day Massacre occurred in Chicago and was when seven men who belonged to the North Side Irish
Gang were murdered by members of the South Side Italian gang, led by one Al Capone. Of note, Tommy guns were used during this
attack. Interestingly enough because the Tommy Gun
was a popular choice amongst gangsters in Chicago, and we’re talking the real old
school OG gangster, it earned the nickname chicago typewriter. As violence became more rampant amongst gangsters
like Al Capone, Lucky Luciano, Baby Face Nelson, John Dillinger, Bonnie and Clyde and others,
Congress felt pressure from the public to act. As a result, the National Firearms Act became
law on June 26, 1934. For those of you that think the NFA is a pain
in the ass as it is now, be very happy that the original iteration of the bill did not
pass. That sought to regulate pistols and revolvers
the same way machine guns are regulated. So what exactly is the NFA? The NFA originally regulated machine guns,
short barrel rifles or SBRs, short barrel shotguns or SBSs, silencers and any other
weapons or AOWs. When the NFA was amended in 1968 Congress
added Destructive devices or DDs to the NFA. It also requires that NFA firearms be maintained
in a central registry known as the National Firearms Registration and Transfer Record
or NFRTR. This is the ONLY legal registry that exists
at the federal level. Now that we know what the NFA regulates, who
can own NFA firearms? Well under federal law any person can. And as you probably guessed, we have to define
the term person. A person is defined as an individual, a trust,
estate, partnership, association, company or corporation. Which is why a trust can own NFA firearms! Now, onto how the NFA regulations NFA firearms. In order to transfer a firearm between two
people, or two entities or some permutation thereof, the law requires that a tax be paid. The tax for the transfer of a NFA firearm
is two hundred dollars save for AOWs which are only
five dollars to transfer. Additionally, the transfer has to be approved
by ATF. For a tax paid transfer, a Form 4 must be
submitted in duplicate to ATF. After a copy of the form is returned to the
person transferring it with a stamp attached they may transfer the firearm. Additionally, with the implementation of ATF
41F, a copy of the form needs to be sent to the chief law enforcement officer or CLEO
of the area you or the legal entity is located at. If you’re applying as an individual, you’ll
need to provide a copy of your fingerprints and photos with the form. For those using legal entities, the responsible
persons will also have to submit responsible person questionnaires, fingerprints and photos
to ATF and their CLEOS. For more on that be sure to check out the
ATF 41F video I did. If you wish to manufacture an NFA firearm
and you are not a special occupational taxpayer or SOT who is engaged in the business of manufacturing
NFA firearms, the law provides for a tax of two hundred dollars to be collected. AOWs are taxed at the same rate for manufacturing
one. For whatever reason, AOWs are two hundred
dollars to make and five dollars to transfer unlike anything else. A Form 1, which is an application to manufacture
an NFA firearm, must be submitted and approved by ATF prior to manufacturing the firearm. The fingerprints, photos and CLEO notification
are the same as with a Form 4. So we have two different forms, a form 4 to
transfer an existing NFA firearm and a form 1 to manufacture an NFA firearm (assuming
you aren’t a licensee and don’t have an SOT). In certain instances firearms may be transferred
tax free. These transfers occur in dealer to dealer
transfers, transfers to law enforcement agencies and in the estate context like when people
die. So we now know what NFA firearms are, who
can own one and what the law requires before one is made or transferred. But what about the stories that ATF can come
knocking on your door and demand to inspect your firearms because you own NFA stuff? Well…that’s complete horseshit and an
old wives tale that is perpetuated by individuals who can’t take five minutes to hop on google
and find out the real answer. This idiotic myth likely stems from the regulations
which allow ATF to inspect a LICENSEE without a warrant. You do not give up your 4th amendment rights
because you own NFA firearms. Another NFA common misconception is that you
need a license or class III to obtain NFA firearms. There are no licenses issueds in relation
to NFA firearms. Those licensed under the gun control act (read
those who have FFLs) can pay a tax and become an SOT of which there are different levels. When you are purchasing or applying to manufacture
a NFA firearm as a non licensee you are paying a one time tax (assuming you don’t transfer
it). That’s it. It’s simple as pie. Bonus round fun fact you can share with your
friends, firearms controlled by the NFA are called Title II firearms because they were
in title II of the Gun Control Act of 1968 (which amended the NFA). Other firearms, not regulated by the NFA,
are called title I firearms because….you guessed it, they were found in title I. And Class 3? Not technically a correct term to refer to
NFA firearms by. That refers to a tax status of a dealer who
pays special occupational tax. You can find those in the federal regulations
along with all the other topics I covered in the links below. Hopefully that gives you a broad overview
of the history of the NFA, what it regulates, that the only legal federal registry is in
relation to NFA firearms, who can own NFA firearms, some of the requirements and a few
myths that continue to perpetuate. If you guys liked this episode, you know what
to do, hit that like button and share it around with your friends to help spread the knowledge. Have a question you want answered on this
show, let me know in the comments below. Don’t forget to like The Gun Collective
on Facebook, Instagram, YouTube, Full 30, Snap Chat and wherever else you can catch
us on social media. And as always thanks for watching!

100 thoughts on “The National Firearms Act Explained – The Legal Brief!

  1. what classification is a machine gun and what is required if I wanna make one? I'm assuming it's not your standard NFA thing that you can go and build on a Form 1 as an individual??

  2. +Chuck Sherron wrong. you can make any stripped lower a pistol. but it has to be a pistol build. you cant make a rifle then covert it to a pistol later on.

  3. How about going through the history of the first person ajudjicated under the NFA and the possibility of its failure should some one with enough legal cahones' and financial will to send it back before the SCOTUS for a final adjudication of the law.

  4. Is it legal to make a photo copy of my tax stamp to keep with the firearm or suppressor, and keep the original in a safe?

  5. Absolutely favorite part of the TGC.. look forward to your future videos.. also you got my vote for the NRA.. thanks for what you do!

  6. Just for clarification: I (a private individual) can buy a full-auto firearm for (cost of firearm, including relevant state & local taxes) + $200 for NFA, and I must notify my CLEO I now own said weapon?

  7. I had a good little chuckle seeing Dianne Feinstein's picture included with the gangsters.. lol nice touch.. lol

    Keep the legal briefs coming. I'm interested from the basic to the complex. Thanks for the service.

  8. Just as it not Constitutional to use Executive Orders to grant amnesty or grant work permits to illegals, all it takes is for those in power to care about agendas more than lawful behavior to use/make a list or obtain information for confiscation. See Ares Firearms about ATF overstepping boundaries or look into Operation Choke Point and government using power over financial institutions to squeeze the firearms industry.

  9. it's all treason none the less!!!!! we need a new form, one for washington to fill out to breath!!!!!!! the second amendment is the ONLY LEGAL GUN LAW PERIOD!!!!! and the only legal law enforcement in this country is the U.S. marshal, his deputies and the county sheriff NO ONE ELSE!!!!!!!

  10. I wait every week for the new TGC News and Legal Brief. You guys are doing some awesome work! I am just sitting back patiently waiting on Beequisha's appearance.

  11. you missed one important and terrible/evil factor. The "closing" of the MG portion of the registry in 1986 and the reason anything with a fun switch is stupidly expensive now. that the federal government essentially made it a rich man only game in 86.

    why do antigunners have to suck so much? why can't we just pass the hearing protection act so we can suppress everything and nullify the 86 amendment so us broke people can have giggle switches?

  12. I fucking love this channel
    I'm sick of all these other cookie cutter gun channels run by porn addicts! I'm basically referring to TFB tv
    Never have I come across a group of individuals as unlikeable as those jerkoffs. So fake

  13. NFA- just more bullshit Government overeach that does nothing but hinder a individual from obtaining firearms that the Government has decided that you as a law abiding person can't have without putting yourself in a registry.

  14. Who dictates what is and is not an NFA firearm?
    What course of action would it take to put AR/AK style firearms on the NFA registry?

  15. Is it legal to turn an AR rifle into an AR pistol without filing any "paperwork"? Ive been getting lots of answers on the subject but nothing clear – seems to be a gray area…

  16. If a burglar breaks in and you "dispatch" them using NFA item/items will you loose them to the police as evidence? How do you get them back? Do you have to notify the BATFE as a change of possession? Thanks!

  17. I have a interesting question for you. if you have a AR pattern rifle that is a SBR and you decide to put a 16 inch + upper on it. Can you take it across state line without filing with the ATF for notification that your moving your SBR?

  18. Adam, really digging this series. Tons of great information being shared! I would love to see a future video focus more specifically on Trust documents, or rather how Trust documents can be used for transferring/making Title II firearms. There seems to be this misconception that the ATF will ALWAYS require a Schedule A (Assets) with a Trust document, even if the Trust is created in a way that does not specify a Schedule A. For example, my Trust is setup to use a Schedule B (Beneficiaries), but there is no mention of a Schedule A. Thus, when I submit my Form 1's, I complete an "Assignment of Property", which I understand as transferring an item I personally, and wholly own, into the trust. More clearly, I complete an Assignment of Property document for my AR lower and send that in with my Trust and Form 1, to show that the Trust owns the lower, which would mean the I, as a Trustee of my Trust, is making the SBR. However, I've never filed a Form 4 but I understand it that since I am transferring a Title II item (i.e., suppressor) directly to the Trust and never to me (the Trustee), I would NOT complete an "Assignment of Property" document (since I'm not assigning personally, wholly owned asset(s) to the trust). The only record that the Title II item was transferred to the Trust (ala Form 4) would be with the returned Form 4 document with tax stamp.

    The idea with this is that I don't have (and submit) an exclusive list of items in the Trust, in the form of a Schedule A, to the ATF every time I file a Form 1/4. I know the ATF already knows what I've filed Form 1/4's for, but the idea, at least for me, is to also include some of my Title I firearms in my trust (for estate planning purposes), without sending a complete list of those items to the ATF. Since the Assignment of Property document is not an amendment to my Trust (rather a supplement to?), there is no need to include all previous Assignment of Property documents with my Form 1 application.

    Can we clear up this misconception that a Schedule A document listing 100% of the assets of a Trust is legally required for a Trust document (unless the Trust is drafted with the inclusion of a Schedule A document)?

    If my question/request doesn't make sense, please let me know and I would be glad to discuss further!

  19. Could you do a video on what happens to the firearms in your trust once you die. Explain the process of transferring to your beneficiaries. also the process if you just did the forms as an individual and you die. love the legal brief btw

  20. Question – could the President simply add "Assault Rifles" and large capacity magazines to the list of items subject to the NFA via an executive order, subjecting them to registration and the tax stamp?

  21. While covering the reason for Title I SBR, SBS, and select-fire weapons being in the NFA, you forgot to tell the people why silencers are in there. The government added them to prevent citizens from using silencers to hunt on federal lands for meat (poaching) during the Great Depression (brought about by the same asshat who gave us the NFA mind you. FDR) so the government maade such devices overly cumbersome to acquire, and unaffordable to the average American who at the time, barely had two pennies to rub together.

  22. Great video guys! Keep up the good work. Im going to talk to my buddys who are lifetime members of the NRA to vote for Mr. Kraut for the board of directors. We need guys like him on it.

  23. Diane Feinstein's face from 2:22 – 2:27 seems like she's part of the criminal gangsters that were just shown before her face. That's funny and to the point. Most of us associate criminals and gangsters with guns, but criminal gangsters like Feinstein do it with pens and by marketing their rhetoric vocally.

  24. What are the requirements for moving the NFA item to a new permanent location?
    i.e. if I move to a new house.
    And would there be a new tax?

  25. I really like these episodes. Ok question. If I wanted to install machine guns in the breasts of my Fembot body guards, do I have to register the entire Fembot? Or just the breasts? Thanks for clearing this up. Keep up the good work guys!

  26. Question, what if a family member has an NFA Firearm that predates the NFA is it
    Leagal for them to hand them down or must they be destroyed when they pass away?

  27. It should be noted that a true "Chicago Typewriter" was a Semi-Auto only version that was converted into a Full-Auto, though it was technically select fire as it could switch between semi and full based on whether it was in closed bolt or open bolt status when the trigger was pulled, and got its name do to the unique sound alongside the fact that every time it was used it wrote both headlines and death certificates.

    Also:
    https://petitions.whitehouse.gov/petition/repeal-nfa
    https://petitions.whitehouse.gov/petition/repeal-1986-hughes-amendment
    https://www.change.org/p/united-states-congress-repeal-the-hughes-amendment-of-the-fopa

  28. Seems wise. Lets ban alcohol and then when people used the prohibition to profit and fund a criminal enterprise thus creating the element in which a criminal can thrive we turn around and ban certain firearms from citizens who are not criminals. Lets punish lawfully acting citizens with a law since they are the only people who are going to follow the law. Seems logical.

    Jesus Christ it doesn't have to be that hard. Do we live in a free nation? Yes. Does this free nation have a Bill of Rights defining what rights we possess? Yes. Does one of those actually use the word infringe (which means to act so as to limit or undermine)? Yes. Do I get to use my own prejudices to help remove one of these rights? No. Why? Because our founding documents declared you do not possess any celestial power or authority to regulate a right as they are not granted by you or your government the government isn't the absolute ultimate power over mankind so your opinion does not weigh in at all when it comes to another person and their rights. We have a little thing called equality so there is not a single person on Earth that is higher in power than another person. To do so is the definition of slavery.

    So I do not acknowledge the government as my God. I get to decide for myself who I believe is the ultimate power over mankind and exercise my right to believe that God granted me life not the government, God gave me my rights including self preservation, God granted me with free will. So because I believe this I get to choose to not be governed in regards to rights and tough shit if you don't like it you don't live my life for me and you do not own or reside in my home so you do not get any sort of say so over anything I do if I am not hurting people.

    Do liberals hold meeting to decide how much of a bigot they can be for that day and then go out and whine and cry because you are not doing what they want you to do? You know what fuck you liberals and fuck your opinion and I get to say that. Why because say this with me now. THIS IS AMERICA AND WE ALL AGREE TO ADOPT AND ABIDE BY THE CONSTITUTION AND CHOSE OUR GOVERNMENT STRUCTURE TO BE DIFFERENT FROM OTHER COUNTRIES. So you want to be a bitch to the government then pledge your loyalty once again to the British Empire and seek asylum in their country because you are not welcome here since you are a disgrace to your country and everything it was built and designed to be. You are literally a traitor.

    For a group of people who are violent enough to try and hurt people at a protest because you dislike a shirt or hat makes you a piece of shit. That is not a peaceful protest it is a fucking riot and when you assault someone you just became a criminal and are subject to the full force of the police to cease your public outburst. This is why at gun rallies that support the 2nd cops show up in normal uniforms but when they have to show up at some stupid ridiculous crybaby protest they show up in full swat gear. They automatically know some liberal will get out of hand and harm another person and will need to be subdued. Don't believe me ask any cop. They know no one is gonna show their ass at a gun rally in support of the 2nd.

  29. +TheGunCollective The NFA is title 26, internal revenue code. It is entirely predicated on a tax stamp. Article I Section 8 Clause 5 "No tax or duty shall be laid on articles exported from any state"

    Now I can see the argument that they are not taxing the article but rather the possession however you cannot separate the possession tax from the article.

    And of course there is Haynes v United States (1968) which makes the NFA only apply to law abiding citizens and thus silly.

  30. When Trump READ the Constitution VERBATIM regarding National Security concerning his ban on people from Muslim countries THAT WANT TO KILL US they overrided him. So so how did this UNCONSTITUTIONAL act stick?

  31. advertising for a headrest that's a molle tactical diaper bag… getting desperate for advertisers

  32. Pity more people don't take some mechanical engineering courses.
    I don't understand why people mess with supressors when supressed ammunition works better. Simple, compact, no weapon mod, indistinguishable from normal ammunition and functions beautifully.
    Coupled with a cast acrylic sabot and truly it is as traceable as 00 buck out of a shotgun.

  33. If a State can pass a law legalizing weed, which is against Federal law, why not apply the same reasoning to 2nd Amendment restrictions? Has anyone given that line of logic any consideration? Can the NFA be voided at a State level?

  34. I would like to know since there is so many conflicting answers on the matter, if you are an ffl, applied for your sot and wanted to manufature for example a select fire ak47, what would be the process and taxes per year to do this?

  35. Does anyone know what exactly the fingerprints that are submitted to the ATF are used for when trying to buy an NFA item? I understand that they are used to determine whether or not the person is eligible to own an NFA item, but are the fingerprints added to the nationwide database to compare against in the future?

  36. Lots of misunderstanding around the difference between a FFL-Sales holder depending on Class and level and a Normal ole citizen transferring ownership of previously made machine guns or fully auto weapons prior to 1986. Anything made prior to 196 can be transferred to anyone so long as they are not a Felon and are legal age to buy regular firearms. It gets confusing for people reading the NFA and when understanding the NFA-1934 1968 and 1986 limitations and amended sections. 1988 amendment basically did outlaw sales of newly manufactured machine guns to private citizens. 1934 made it to where one only had to pay a stamp and machine guns could not be sold through the mail. 1968 NFA Amendment made all mail order illegal for private citizens that were not FFL holders guns sold through the mail had to be mailed to a FFL holder for transfer unless that holder was located in one's same State of residence. All cause JFK got killed with a 10$ rifle that was mail order normal single shot bolt action rifle ( Supposedly) Those are very rough translations of the 3 major changes that happened and all happened cause of illegal killings that were done with both legal and illegal weapons. They punish the rest of the US for what a criminal does in hopes that the rest of us will learn our lesson and become tadle tales.
    It's all horse shit anyway and violates the 2nd Amendment and the 1934 NFA really only pertained to Interstate trafficking of the weapons from state to state and through US Mail Order. They did not limit a mans ability to own one or prevent it back then they just made the more expensive to order and ship to a local dealer or transfer via person to person. It was the 68 and 86 amendments that kept pushing and this new RED FLAG law BS has pushed many over the edge now……….I say No Compliance and learn the law as how it was originally written prior to 1934

  37. Adam…….HR 1263…….To include or make subject to the NFA 1934 and rifle that can accept a detachable magazine. If ever enacted, would make all such rifles NFA rifles for which the Form/Tax Stamp would be required, correct? Said Form/Tax Stamp must be submitted/approved PRIOR to taking possession of the firearm. Correct? If HR 1263 is ever passed, we ALREADY possess these rifles and we would be considered immediate FELONS! Would that not be correct, too? Or would there be a several month grace period for us to submit all of our forms. But wait…We already own the guns….we are not transferring them! How about some mathematics…….Say there are 300,000,000 firearms and just 1/3 of those are semi-auto rifles that take mags….new guns and even old guns like Russian SVT-40 and Czech VZ-52 and even some older Browning auto loaders. That is 100,000,000 firearms taxed at $200 each = $20,000,000,000 that has just been sucked out of the economy!!!! That figure is damn near the total National Debt!!!!!!! What say you?

  38. I believe the laws about filing with the ATF as a trust have changed. https://rocketffl.com/who-can-own-a-full-auto-machine-gun/

  39. Can you make a video on current lawsuits, appeals and any court proceeding in regards to NFA/Hughes amendment. Explaining who is doing what currently and where they stand

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