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Articles Posted in TItile II Firearms / Class 3 SOT
How Long Should My ATF Form 4 or Form 1 Approval Take
Generally we are hearing that it is taking 3-5 months from the time you submit your ATF forms for approval. A local gun store Shooters of Jacksonville told me they have two agents assigned because of the number of transfers they do. They stated that this means that ATF Form 4 applications that they sent in are processed faster than at other locations. While I do not know if this is true, I can state, that a recent Form 4 I submitted through Shooters only took 75 days from the date I signed it, until receiving the approved Form 4.
If you want to check on the status of your Form 4 or Form 1, you will need your serial number and to contact ATF.
National Firearms Act Branch,
Is it legal to take my NFA Firearms on an Airplane (Class 3, Title II)?
Yes it is legal in most instances to travel with your NFA firearms (those sold by a class 3 dealer and often referred to as TItle II firearms). You will have the same restrictions as traveling with a normal firearm but also need to comply with the regulations for interstate travel with a NFA firearm. For more information on transporting NFA firearms across state lines see our ATF Form 5320.20 page.
Remember that they need to be legal in your destination state.
How to deal with NFA and Non NFA Firearms in a Will
Recently I was asked by one of the attorneys I work with about provisions for a will to deal with the NFA firearms that an individual owns outside of their trust. I wrote something on this topic which can be found on my Florida Estate Planning Lawyer Blog in an article How to deal with NFA and Non NFA Firearms in a Will
My lawyer says not to worry but I would like a second opinion from an NFA lawyer.
Today I received an email from someone who was forming a trust to transfer assets from their father’s estate. There were NFA items in the father’s estate. The person’s estate planning lawyer had advised them that it was OK to transfer NFA firearms to a trust using a general assignment of personal property. A general assignment of personal property is a standard form that transfers all personal property not requiring a deed or special documentation to a trust and is commonly used with a standard revocable living trust.
Unfortunately his lawyer must not have been familiar with the NFA because no one should ever do such a thing. This would be a violation of the National Firearms Act, and subject the individual to confiscation of all firearms, 10 years in jail for each violation, and up to a $250,000 penalty for each violation.
At this time of the year, we are often short of time and rushing to take care of things before the holidays. Before making a mistake with an NFA firearm, learn about them and the additional restrictions placed upon the use, possession, transfer, and purchase of them in your state and around the country.
Constructive Possession: NFA Trusts vs Individual Ownership
The NFA defines who can own a Title II firearm as a natural person, corporation or trust…. When an individual makes application to own a Title II firearm they are the only person who can be in possession or have access to the firearm. This creates a problem for many individuals who are married, have others who know the combination or how to gain access to the items, or want to allow others to use the firearms, even in their presence.
Joshua Prince has written and excellent analysis of the case law surrounding constructive possession and the US v. Turnbough case which stated that the Government may establish constructive possession by demonstrating that the defendant exercised ownership, dominion or control over the premises in which the contraband is concealed. Joshua goes on the state that if a spouse or other person does have the combination to the safe where the NFA firearms are kept it would be virtually impossible for the prosecutor to show that the other individual knowingly has the power to exercise dominion and control over the firearms.
The real problem occurs when another does have access to the items or can exercise dominion and control over the NFA firearm because the prosecutor can then charge that individual with constructive possession. In US v. Turnbough, an illegal firearm was in Turnbough’s home and the court of appeals found that a reasonable jury could have found that he, his live in girlfriend, and her child could conclude that all three parties exercised dominion and control over the gun and the possession could be either sole or joint.
New Jersey (NJ): What NFA Firearms can I own? Updated
There are several type of Title II firearms that are restricted by the National Firearms Act.
Each state can impose additional restrictions on the sale, purchase, and transfer of NFA or Title II firearms, these are sold by gun dealers who have a Class 3 SOT.
New Jersey permits limited ownership of of the following Title II firearms that are regulated the the National Firearms Act
How to Fill out an ATF FORM 4 For NFA Class 3 Purchases
Many People have asked, How to fill out a form 4 when making class 3 purchases. Because of this, we have added a page on this topic. Please see
How to Fill out an ATF FORM 4 For NFA Class 3 Purchases
If you need help forming a trust, please Contact to find a Gun Trust Lawyer® in Your State.
NFA Firearms and Criminal Penalties
Violations of the NFA are punishable by 10 years in prison, forfeiture of all devices or firearms in violation, and the individuals right to own or possess additional firearms in the future. In addition, there is a penalty of $10,000 for each of certain violations.
In addition, a willful attempt to evade or defeat a tax imposed by the National Firearms Act is also a felony which is punishable by up to 5 years in Jail and a $100,000 fine under the tax evasion statutes. This penalty could be increased to $250,000 for individuals and $500,000 for corporations.
This means you could be looking at a maximum of 15 years in Jail and $510,000 in penalties for a violation. Many violations can be avoided by proper ownership and knowing who can be in possession and use the Title 2 firearms which are restricted under the NFA.
NFA Wepons and Crime
While the public perceives NFA weapons as dangerous Guncite.com reports that there have only been two murders since 1934 involving legally registered Machine Guns and one of those was by a police officer.