Title II weapons

A MAC-10 with a silencer. The silencer is treated as a Title II weapon or NFA firearm itself; the firearm to which the silencer is attached maintains its separate legal status as Title I or Title II. If a silencer is integral to a Title II weapon, such as an SBR, the entire weapon only counts as a single Title II item.

Title II weapons, or NFA firearms, are designations of certain weapons under the United States National Firearms Act (NFA).

These are weapons requiring a Type 01 Federal Firearms License (FFL) as well as a Class 3 Special Occupation Tax (SOT) to sell, and an ATF Form 4 (transfer of registration) with $200 tax stamp to purchase. Also a Type 07 FFL (manufacturer) with a Class 2 Special Occupation Tax is qualified to manufacture, purchase and sell. [1] The restrictions apply to certain firearms, explosive munitions, and other devices which are federally regulated by the NFA.[2][3] Any violation of the NFA is a felony punishable by up to 10 years in prison.[4] Per the National Rifle Association's Summary of Gun Control Act of 1968:[5]

Title II of the Gun Control Act of 1968 is a revision of the National Firearms Act of 1934, and pertains to machine guns, short or "sawed-off" shotguns and rifles, and so-called "destructive devices" (including grenades, mortars, rocket launchers, large projectiles, and other heavy ordnance). Acquisition of these weapons is subject to prior approval of the Attorney General, and federal registration is required for possession. Generally, a $200 tax is imposed upon each transfer or making of any Title II weapon.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), which enforces federal firearms law, refers to such weapons as "NFA firearms".[6] NFA firearms include machine guns, short-barreled rifles and shotguns, heavy weapons, explosive ordnance, silencers and "any other weapon" (AOW), such as disguised or improvised firearms.[3] Title I weapons, or GCA firearms, are standard rifles, shotguns, and handguns.

Explosive devices such as bombs or grenades are regulated as NFA firearms (destructive devices). Explosive materials are not considered NFA firearms; they are regulated under the Organized Crime Control Act.[7]

  1. ^ National Firearms Act#Registration.2C purchases.2C taxes and transfers
  2. ^ 26 U.S.C. § 5801-5872: Chapter 53—Machine Guns, Destructive Devices, and Certain other Firearms
  3. ^ a b 26 U.S.C. § 5845: Definitions
  4. ^ 26 U.S.C. § 5871. "Any person who violates or fails to comply with any provisions of this chapter shall, upon conviction, be fined not more than $10,000, or be imprisoned not more than ten years, or both."
  5. ^ "Federal Firearms Laws". NRA-ILA. Archived from the original on June 8, 2011. Retrieved 2011-03-28.{{cite web}}: CS1 maint: unfit URL (link)
  6. ^ See, e.g., "National Firearms Act (NFA)". www.atf.gov. ATF. Retrieved 2011-03-28.
  7. ^ "ATF Explosives Industry Newsletter : June 2004" (PDF), Federal Explosives Licensee (FEL) Newsletter, ATF, archived from the original (PDF) on October 18, 2012, retrieved 2011-03-31, The Federal law dealing with explosive[s] is the Organized Crime Control Act, or OCCA, Title 18 U.S.C §841 et seq.