II. laws

F. Class 3 (Machineguns, etc.) Firearm Information

2. How to Make a Legal NFA Weapon

Also titled, How to make a legal 12" barrel shotgun (part 1)

This is an account of my successful effort to convert a title 1 Remington 870 shotgun into a title 2 (NFA) shortbarreled (12") shotgun.

In the rec.guns archive (flubber.cs.umd.edu) there is a file (iig.txt) which describes guns commonly referred to as NFA weapons (National Firearms Act, 1934). They are also called Class III weapons in that they are usually bought or sold from Class III dealers. It is possible for individuals to own some or all of these weapons in many states. A list is provided at the end of this article. In the iig.txt article I learned that it is possible for an individual build an NFA weapon (except machineguns) if they apply to BATF on the BATF form 1 (Application to Make and Register a Firearm, 5320.1) and receive approval. You still have to pay a $200 tax and wait 3-6 months, but you can start with a gun you already own or a $200 Wal-mart special instead of an already manufactured title 2 gun which likely sells for $400-1200.

For me this started with a phone call on January 15 to the local BATF office to secure the necessary paperwork, which is a form 1 packet, two (2) FBI FD-258 blue fingerprint cards, (with AT&F explosives and firearms division listed as the Origin), and a copy of the fingerprint instructions. Since it took two weeks for the cards to arrive, I suggest going to the office and getting the supplies (as many as you can) in person. They can also be obtained through the ATF Distribution Center, PO Box 5950, Springfield, VA 22150-5950 (form 5320.1 and FBI FD-258).

The packet arrived on February 1. It must be filled out as exact duplicates. Information on filling out this form was recently covered in a February 1995 Machine Gun News article, and a copy can be obtained for $5 by calling (501) 525-7514. I highly recommend subscribing to this magazine at the same time, $29.95/yr. It opens your eyes 8-). If anyone has questions when filling out these forms, they can email me and I'll either answer the questions or find someone who can. These are laws and sometimes lack all common sense.

The form is straightforward. I filled out the front as follows: For me I listed that it was being made by an individual and it was a $200 tax application. Box 4 is the only tricky part. In (a) I listed Remington Arms Co. Inc., Ilion, NY 13357; in (b) shortbarreled shotgun; in (c) 12 ga; in (d) 870; in (e) 12" (measured from base of chamber to end of barrel); in (f) 32.5" (overall length measured along line of bore; in (g) use the original serial#, DON'T follow the instructions; in (h) all other stuff written on the receiver; and in (i) "Collection and Investment." Do not list anything other than "Collection and Investment." The rest of the form is like a 4473, don't perjure youself. In box 12 list "owner" as title. The back of the form requires a standard 2x2 color passport photo and a "sign-off" from the designated Chief Law Enforcement Officer (CLEO) for your area. This varies widely in availability and ease. In Maryland one gets the fingerprint cards done by a suitable person and then delivers the forms to the State Police Barracks in Woodlawn, a suburb of Baltimore. Total cost for the pictures, fingerprints, and background check is about $40. It took 4 weeks to get the forms signed and returned.

The forms, fingerprint cards, and a $200 check are then sent to ATF in Chicago. Then you wait. In my case, the forms were sent registered mail on March 2 and I got the approved application in my PO Box on June 2. This can vary from 2-6 months based on no particular reason. As soon as you get the approved form, you make a few double sided copies, and put the original in a safety deposit box. You need to file a from 5320.20 to move the gun out of state for any reason, and it is a good idea to file a form 5320.20 immediately if you shoot at a range in another state on a frequent basis. They will issue a permit for blanket coverage to and from that place for a year.

The form 1 can also be used to make silencers, shortbarreled rifles, AOW's (@ $200, not $5), and destructive (non-nuclear) devices if permitted in your state (see list at end) AND you can get the appropriate CLEO sign-off.

In part 2 I will report on how the pattern of various loads at 7 yards is affected by shortening the barrel from 21" (cylinder remchoke) to 18" and then to 12." I am a scientist and this will be a scientific study (see sig).

APPENDIX
STATE NFA RESTRICTIONS

Here is (see author at end) an attempt to list what state allows what in terms of NFA weapons. The "Y" indicates state law allows private individuals to own the weapon in question. Most of the "Y" states require the weapons be possessed in compliance with federal law to be legal under state law. Some of the "N" states may allow only police officers to possess them, or dealers, or neither. Basically if the privileged class was so narrow, by statute, I said "N". In many states the class of folks able to own NFA weapons is narrow by practice (California), or because no law enforcement officers will sign the certification needed for a transfer to an individual. Some of the "N" states may also have grandfathered weapons, the "N" applies to a current transaction. Some "N" states may also allow unservicable weapons. Some states may regulate one or more of these weapons as handguns.


KEY
MG - machine gun
SI - sound suppressor (silencer)
SR - short barreled rifle
SG - short shotgun
AOW - any other weapon
LBDD - large bore destructive device
EXPDD - explosive, incindiary or posion gas destructive device

state MG  SI  SR  SG  AOW  LBDD  EXPDD  Comments
AK    Y   Y   Y   Y   Y    Y     Y
AL    Y   Y   N   N   Y    Y     ?
AR    Y   Y   Y   Y   Y    Y     ? (state registration of pistol
cal. MG's over .30)
AZ    Y   Y   Y   Y   Y    Y     Y
CA    Y   N   Y   Y   Y    Y     Y (requires discretionary permit
for mg,lbdd or expdd from state Dept. of Justice; no AOW pen guns;
C&R sg, sr only)
CO    Y   Y   Y   Y   Y    Y     Y (requires state explosives
permit for expdd)
CT    Y   Y   Y   Y   Y    Y     ? (no select fire mg's, full
auto's only, after 1993 assault weapon ban, state registration of
mg's)
DE    N   N   Y   N   Y    Y     N (no smooth bore pistol AOW's)
FL    Y   Y   Y   Y   Y    Y     Y
GA    Y   Y   Y   Y   Y    Y     Y (no incindiary expdd's)
HI    N   N   N   N   N    N     N (A clean sweep!, the only state like this)
IA    N   Y   Y   Y   Y    Y     Y (only si, sr, sg, lbdd and expdd
designated  as collector's items by the Comm'r of Public Safety,
basically the C&R list)
ID    Y   Y   Y   Y   Y    Y     Y
IL    N   N   N   N   Y    ?     N
IN    Y   Y   Y   N   Y    Y     N
KS    N   N   Y   N   Y    Y     ?
KY    Y   Y   Y   Y   Y    Y     ?
LA    Y   Y   Y   Y   Y    Y     Y (mg's require a permit to
purchase - war relics only; mg's, sr, si, sg and some expdd's
require a permit to purchase)
MA    Y   N   Y   Y   Y    Y     N (license for mg's required)
MD    Y   Y   Y   Y   Y    Y     N (mg's must be registered)
ME    Y   Y   Y   Y   Y    Y     Y
MI    Y   Y   Y   Y   Y    Y     Y (apparently approved form 4
suffices for "license" for mg, si or some expdd (bomb) despite AG
opinion reprinted in ATF Green Book, no incindiary expdd; C&R sr,
sg only)
MN    Y   N   Y   Y   Y    Y     ?  (C&R mg, sg only, registration
required)
MO    Y   N   Y   Y   Y    N     N  (C&R mg, sr, sg only to non FFL
holders, C&R FFL holders any mg, sr, sg)
MS    Y   N   Y   Y   Y    Y     Y
MT    Y   N   Y   Y   Y    N     N  (pistol cal. mg's over .30 must
be registered)
NE    Y   Y   Y   Y   Y    Y     N
NC    N   N   N   N   Y    N     N  (permit required for mg's, C&R
FFL holders may have mg, si, sr, sg lbdd and expdd)
ND    Y   Y   Y   Y   Y    Y     Y (fed. "licensees" required to
register mg's, si, expdd with state when possessed for "protection
or sale")
NH    Y   Y   Y   Y   Y    Y     Y
NJ    Y   N   Y   N   Y    N     N (mg requires discretionary
permit from state AG)
NM    Y   Y   Y   Y   Y    Y     Y
NV    Y   Y   N   N   Y    Y     Y
NY    N   N   N   N   ?    Y     N (some pen guns may be allowed)
OH    Y   Y   Y   Y   Y    Y     Y
OK    Y   Y   Y   Y   Y    Y     Y
OR    Y   Y   Y   Y   Y    Y     Y (no incindiary expdd's)
PA    Y   Y   Y   Y   Y    Y     N
RI    N   N   N   N   Y    Y     ?
SC    N   Y   N   N   Y    Y     ?
SD    Y   Y   Y   Y   Y    Y     Y
TN    Y   Y   Y   Y   Y    Y     ?
TX    Y   Y   Y   Y   Y    Y     Y
UT    Y   Y   Y   Y   Y    Y     Y
VA    Y   Y   Y   Y   Y    Y     Y (state registration of all mg's)
VT    Y   N   Y   Y   Y    Y     Y
WA    N   Y   N   N   Y    Y     N (silencer may not be used on a
gun)
WI    Y   Y   Y   Y   Y    Y     Y (permit required for expdd, no
incindiary expdd's; no pistol cal mg's w/o permit)
WV    Y   Y   Y   Y   Y    Y     ?
WY    Y   Y   Y   Y   Y    Y     ?
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The above information is correct as of 20 February 1995; compilation is copyright (c) 1995 by James Bardwell. Permission is granted herein to copy and distribute this document, in whole or in part, with attribution, for noncommercial and nongovernmental use only.