Colorado Firearm Trusts - Frequently Asked Questions
May a private citizen register a firearm not previously registered in the National Firearms Registration and Transfer Record?
No. The National Firearms Act (NFA) permits only manufacturers, makers, importers, and certain governmental entities to register firearms.
Are parts or kits which would convert a firearm into a machine gun subject to registration?
Yes.
Does the possessor of an NFA firearm have to show proof of registration?
Yes. The approved application received from the ATF serves as evidence of registration of the Title II firearm. This document must be made available upon request of any ATF officer. It is suggested that a photocopy of the approved application be carried by the possessor when the weapon is being transported.
If I have any further questions as to the classification of a paintball or air gun silencer, who should I contact?
Send a written request to the ATF’s Firearms Technology Branch (see below).
May machine guns be transferred from one registered owner to another?
Yes. If the machine gun was lawfully registered and possessed before May 19, 1986, it may be transferred pursuant to an approved ATF Form 4 (5320.4).
Are muzzle loading cannons classified as destructive devices?
Generally, no. Muzzle loading cannons not capable of firing fixed ammunition and manufactured in or before 1898, and replicas thereof, are antiques and not subject to the provisions of either the Gun Control Act (GCA) or the National Firearms Act (NFA).
May a licensed collector obtain NFA firearms in interstate commerce?
Yes, but only if the firearms are classified as curios or relics, are registered, and are transferred in accordance with the provisions of the National Firearms Act (NFA).
How does a person qualify to import, manufacture, or deal in NFA firearms?
The person must be licensed under the GCA and pay the required special (occupational) tax imposed by the NFA. After becoming licensed under the GCA, the licensee must file an ATF Form 5630.7, Special Tax Registration and Return National Firearms Act (NFA) with the appropriate tax payment with the ATF. In addition, an importer (except importers of sporting shotguns and shotgun ammunition) must also be registered with the ATF under the Arms Export Control Act of 1976, by filing an ATF Form 4587, Application to Register as an Importer of U.S. Munitions Import List Articles.
What should a person do if he or she comes into possession of an unregistered NFA firearm?
What should a state do when an unregistered NFA firearm is acquired through forfeiture or abandonment?
When a state wants to keep such Title II firearms for official use, the state must register the firearm by filing an ATF Form 10 Application for Registration of Firearms Acquired by Certain Governmental Entities. Since approval of the Form 10 is conditioned on an “official use only” basis, subsequent transfers will not be approved unless the transfer is to another government agency for official use.
How is this tax paid?
A check or money order payable to the ATF, together with the application forms, may be mailed to:
National Firearms Act Branch
Bureau of Alcohol, Tobacco, Firearms and Explosives
P.O. Box 530298
Atlanta, GA 30353-0298.
The tax may also be paid on line through the ATF eForms site and account.
Are grenade and rocket launcher attachments destructive devices?
Grenade and rocket launcher attachments for use on military type rifles generally do not come within the definition of destructive devices. However, the grenades and rockets used in these devices are generally within the definition.
May a transferor submit an application to transfer an NFA firearm prior to the date on which the transferor receives the weapon?
No.
What is the status of unloaded or dummy grenades, artillery shell casings, and similar devices?
Unloaded or dummy grenades, artillery shell casings, and similar devices, which are cut or drilled in an ATF approved manner so that they cannot be used as ammunition components for destructive devices, are not considered National Firearms Act (NFA) weapons.
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