How To Purchase NFA Title II (“Class 3”) Items from Simmons Gun Repair & Sales

We now offer electronic fingerprinting and photos as a service to our clients for ATF’s new eForm submission backed by Bayometric's  ATF Live Scan  software to speed up your NFA transfers.

General Information For NFA Firearms & Suppressors National Firearms Act (NFA), Title II (Class III) items commonly available for purchase include select fire machine guns (“full auto”) manufactured before 19 May 1986 (including certain parts for these firearms), short-barreled rifles and shotguns, suppressors (“silencers”) and any part comprising a suppressor, and a selection of firearms identified as Any Other Weapons (AOW). So-called “Destructive Devices” are also NFA items, but not commonly available to purchase. For more information on AOW firearms, please refer to the following link:

https://www.atf.gov/firearms/firearms-guides-importation-verification-firearms-national-firearms- act definitions-any

Why NFA?

Your choice to purchase NFA items is protected by the Second Amendment. If you have never experienced the fun and pride in being an NFA firearm or suppressor owner, give an NFA item a try. Many ranges throughout the United States offer the chance to shoot full-auto machine guns, short barreled rifles, and suppressors, and more individuals are buying them every day. It's all up to you to take the next step toward ownership. Please let us know how we may be of assistance!

Individuals, Corporations, and Trusts

Where permitted, purchase and ownership of NFA firearms and suppressors is available to Individuals, Corporations, and Trusts. Which entity you choose to purchase under is up to you, but we recommend getting qualified advice from a knowledgeable source, such as an attorney who is well-versed in NFA law. We can report that many people are utilizing trusts, but if you use a trust, be certain your trust does not violate the NFA; the repercussions can be substantial.

How much does it cost?

An individual purchasing an existing NFA item--other than an AOW item--is required to pay a one time, $200.00 dollar transfer tax to the Bureau of Alcohol, Tobacco, Firearms and Explosives in addition to the purchase price of the item and the receiving dealer's transfer fee. The AOW firearms transfer tax is only $5.00 dollars, plus the purchase price of the item and the receiving dealer's transfer fee. Should the item be transferred to another person in the future, a separate transfer tax must be paid at that time by the new prospective owner. This tax is commonly referred to as your "tax stamp."

What kind of forms to file? Your transferring FFL will usually assist you with the filing of ATF Form 5320.4, also known as the “Form 4.” This form is required in order to transfer the NFA item from the receiving FFL to you. Two copies of the Form 4 will be submitted to the ATF and a third copy should be mailed to your CLEO (Chief Law Enforcement Officer) in your city or county. This is simply a notification, and they no longer have to sign off on your Form 4.

Additionally, if you are applying as an individual versus under a trust/corporation, the required paperwork will differ slightly. Your transferring FFL should be able to assist you with the paperwork (Form 4 and Responsible Person Form) and mail it off to the ATF for you as part of your transfer fee.

When completing a Form 4 as an individual, you will need:

1. 1. THREE completed and signed Form 4s. TWO copies will be sent off to the ATF (they will keep one copy and send the second copy back with your approval and tax stamp). The remaining ONE copy will be sent to the CLEO (Chief Law Enforcement Officer) in your city/county.
2. 2. TWO fingerprint cards. These can be completed at your local Sheriff's Office or Police Dept.
3. 3. TWO passport sized photos (2" x 2" inch).
4. 4. ONE check or money order made out to the BATFE in the amount of $200.00 dollars ($5.00 for AOWs).
5. 5. You will need the above for EACH NFA item that your purchase, even if you are purchasing multiple items at once.

When completing a Form 4 under a trust or corporation, you will need:

1. 1. THREE completed and signed Form 4s. TWO copies will be sent off to the ATF (they will keep one copy and send the second copy back with your approval and tax stamp). The remaining ONE copy will be sent to the CLEO (Chief Law Enforcement Officer) in your city/county.
2. 2. TWO Responsible Person forms (ATF Form 5320.23) for EACH responsible person on your trust/corporation. One copy is sent to the ATF and the other copy is sent to each responsible person's CLEO.
3. 3. ONE copy of the trust/articles of incorporation.
4. 4. TWO fingerprint cards for EACH responsible person on the trust/corporation.
5. 5. ONE passport sized photos (2" x 2" inch) for EACH responsible person on the trust/corporation.
6. 6. ONE check or money order made out to the BATFE in the amount of $200.00 dollars ($5.00 for AOWs). You will need the above for EACH NFA item that your purchase, even if you are purchasing multiple items at once. How long is the wait? Wait time for ATF approval on Form 4s varies. The current estimate is 12 months for paper applications. (Simmons electronic filings are much faster. Sometimes merely days) How old do you have to be to have an NFA Item? You must be 21 years old.

So where does Simmons Gun Repair & Sales fit in to Class III purchases?

If you are a local customer (Kansas Resident), we would be happy to assist you with your Form 4 with our State for the art Bayometric electronic filing system at our Store at 700 S. Rogers Rd, Olathe KS. 66062.

The Bayometric system will:

1. 1. Allow you to complete the requisite ATF paperwork in our store and submit it electronically.
2. 2. Take your picture and submit the picture in the required ATF format.
3. 3. Deposit your fingerprints into our system electronically and submit them in the desired format to the ATF
4. 4. We store these items, with your permission, and they are then available for future Class III purchase.
5. 5. There is a fee for this process and the applicant pays 50% at submission and 50% when picking up the Class III item.

Most class III items are suppressors and full auto or short barrel rifle or short barrel shotguns. These items must be purchased and paid in full before the tax stamp can be applied for. There is a 50% restock fee on any item the applicant fails to qualify for.

However, if you are a customer outside of Kansas, we would have to send the NFA item to a FFL dealer in your state. Your receiving dealer would then help you complete your Form 4 and transfer the item to you. Depending on the item, it could take up to 2 months for your NFA item to get to your dealer (we have to receive ATF approval to send the item from us to your local dealer via a Form 3).

For more detailed information, contact the local ATF office in your state or the ATF/NFA branch in Martinsburg, West Virginia: Phone: (304) 616-4500 Email: NFA@ATF.GOV. They can answer all questions regarding the legality in your State. Nothing on this page should be construed as Simmons offering legal advice.