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Step 1: You ask the following persons if they would sign; the local chief of police, the local sheriff, the local district (prosecuting) attorney, the chief of the state police, and the state Attorney General. The CLEO can delegate the signing duty, for his convenience. Insist they refuse in writing, if that is what they will do. You may be surprised, one might sign. Assume they all refuse. That list of persons comes from 27 CFR sec. 179.85, which is the regulation that created the law enforcement certification requirement for Form 4’s. 27 CFR sec. 179.63 is the companion regulation for Form 1’s. It is NOT in any statute passed by Congress. Although not listed, and ATF will NOT designate federal officials as also acceptable (see below) other persons whose certification has been acceptable in the recent past include; local U.S. Attorney’s, local federal judges, local U.S. Marshals, and local F.B.I. agents. Other local federal law enforcement agents might also work, like DEA or ATF (imagine accepting their own certification!) or Secret Service. The federal law enforcement agents should probably be in a supervisory capacity, like the head of the field office or similar post.

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The statute of limitations on violations of the NFA is three years, with the possibility of extension of that time to six years for some wilful violations. See 26 USC sec. 6531. The statute of limitations does not begin to run on possession offenses until the possession stops. As long as you possess the contraband item, you are in danger of being prosecuted.

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These weapons may also be further regulated by states or localities, and while these weapons can be legally owned under federal law, some states and localities further regulate ownership or prohibit it (see below). The NFA Branch of ATF administers the National Firearms Registration and Transfer Record, which necessarily encompasses most of the NFA regulation.

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A DEWAT machine gun transfers tax free, as a "curio or ornament", on a Form 5. To be a DEWAT, a gun should have a steel weld in the chamber, and have the plugged barrel steel welded to the frame or receiver. Having said that, a gun may be registered as unserviceable and not be de-activated in this manner. It may have cement or lead in the barrel, or a piece of rod welded, soldered or brazed in the barrel. Despite the repeated warnings from ATT, apparently DEWATs were made or imported that did not have steel welds. And a weapon registered as "unserviceable" before 1968 was not held to these standards. One (ostensible) reason machine gun receivers were redefined as machine guns in 1968, thus bringing DEWATs under the NFA regulation, was that folks were regularly and easily making their DEWATs live guns w/o complying with the law. Some barrel plugs were so poor they would fall out with little coaxing. The thing with buying a DEWAT is that it may be easy to make it live, or it may be hard. The gun may be pristine or rather beat up. They usually cost less than a live gun because they will not be 100% original if made live. However if you just want a shooter buying a DEWAT and getting it made live can often be cheaper than an original gun. DEWAT guns are best not bought Rifle Scopes unseen, unless you do not wish to make it live, but have it as a wall hanger. The exact state and extent of the welds will determine how hard it is to make live. However if you want a wall hanger, a dummy gun is much cheaper, and requires no paperwork. They can look totally authentic. They do not have an intact machine gun receiver, but a partially machined dummy receiver.

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There are several solutions to the law enforcement certification problem. They all require persistence, but less work than being a legitimate NFA dealer, in my opinion. Becoming a class 3 dealer is one solution though. Another solution is to be incorporated. If you are a professional and are already incorporated for your job (doctor, lawyer) your corporation can buy NFA weapons, and the photo, police signoff and fingerprints are not needed. Just a Form 4. The corporation might be buying weapons for an investment, or for security, or for another good reason. You could incorporate yourself just to get NFA weapons also, although you should talk to a lawyer or another knowledgeable person about the downsides of being incorporated before just doing it. As the weapons are registered to the company, and not the owner of the company, they will have to be transferred out, tax paid (unless the transfer is otherwise exempt from the tax, ie from a government entity, or for an unservicable weapon), if the corporation is ever dissolved. As corporate assets, creditors might get them in the event of bankruptcy of the corporation, or a judgment against the corporation. In my opinion the best thing is to have the weapons owned and registered to the person who actually owns them, and not an intermediary. I also am aware that in some areas of the country the incorporation route may be the only way to own NFA weapons, as a practical matter. Also be aware that corporations have no 4th amendment right against self-incrimination, and the restrictions the NFA places on the use of information provided to ATF under the Act (26 USC sec. 5844) only apply to information provided by natural persons, not corporations. You are giving up some of the privacy provided by law to flesh and blood people when you acquire your guns through a corporation.

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As part of the new and revised 1968 National Firearms Act, there was one amnesty where folks could register any NFA weapons. It went from 11/02/68 to 12/01/68, although the paperwork backlog went on for a while after. According to 1995 ATF statistics (the number of firearms ATF reports as having been registered during the Amnesty goes up every year such statistics have been reported, although in 1975 ATF initially reported over 60,000 firearms registered during the Amnesty) 57,216 weapons were registered on Form 4467 ("Registration of Certain Firearms during November of 1968"), which was the amnesty registration form. This would have included weapons newly subject to registration, when they had not been before, like DEWAT’s and destructive devices, as well as contraband firearms that should have been registered before and were not. There was also a registration period after the enacting of the first NFA, from July 26, 1934 up to September 24, 1934. Anyone in possession of an NFA weapon as of the July 26 date was supposed to register it, even if they no longer had it, on Form 1 (Firearms) in duplicate, with the local IRS office. No tax was due. Not really an amnesty though, as the weapons were legal to have before the law was passed, at least under federal law. Some states had prohibited or regulated some NFA weapons before 1934. In fact the Uniform Machinegun Act, which provided for registration of machine guns, adopted in a few states (Conn., Va., Md., Ark., and Montana and possibly others) was developed with the support of the NRA, partly in an attempt to forestall the sort of regulation the feds ultimately adopted in 1934. Before the changes to the NFA in 1968, a Form 1 was for a flat out registration of an existing gun, no tax. A Form 1A was for a tax paid making, in the way we understand a Form 1 now.

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NFA Branch desires that folks who install sears into guns where the sear is not very accessible, HK guns in particular, tell them the make, model and serial number of the gun into which the sear is installed. This makes it easier on them, as they do not have to open the gun up to see the sear, if they know that gun is the one with the sear in it. This is called "marrying" the sear to the gun. It is especially useful when the host semi-auto has been modified so as to make it potentially illegal without the sear, like putting a shoulder stock on an H&K SP-89 pistol, or cutting the barrel of an HK-94 to less than 16 inches. You may "divorce" the two, but don’t if the host gun will end up an unregistered short barreled rifle, or other unregistered NFA weapon. Often this marriage info is in box 4(h) on the Form 4, so anyone who looks at the paperwork can see the sear is in that gun; local law enforcement, for instance.

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ATF Forms and Descriptions, by Category and Number
This information is correct as of 20 February 1995; compilation is copyright (c) 1995 by Trenton J. Grale. Permission is granted herein to copy and distribute this document, in whole or in part, with attribution, for noncommercial and nongovernmental use only.

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