A GuiClass III and NFA Firearms – A Guide
Welcome to our blog on Class III and NFA Firearms. We wanted to provide an overview/guide of these firearms to make them easier to understand.
Title I and II Firearms-Simplified
Firearms are categorized into two classes under U. S. federal law, title 1 firearms and title 2 firearms. Title 1 firearms are considered long guns such as rifles and shotguns as well as handguns, frames, or receivers. Title 2 firearms are NFA (National Firearms Act) weapons, and are also called class 3 weapons as a 3 SOT is needed for dealers and requires payment of a special occupational tax.
You may be asking, what does it mean for my ability to purchase a class III weapon? These weapons can be legally owned for the most part under federal law; however, class III weapons can be further regulated by your state or locality or even prohibited. Let’s look further into what a class III weapon is exactly.
Title II/Class III or NFA weapons are: destructive devices, machine guns, sound suppressors, short barreled shotguns, short barreled rifles and “any other weapons”. To provide a summary of the law the following breaks it down:
DESTRUCTIVE DEVICES (DD)
There are two sub-classes of DD’s. 1. An explosive, incendiary or poisonous gas weapon such as a grenade or bomb. 2. A firearm with a bore exceeding 1/2” may be a DD, as there are exceptions, such as sporting shotguns and others. Only this sub-class of DD’s is available to the public, those in number 1 are not for public use or acquisition.
MACHINE GUN
A machine gun is a weapon that fires more than one shot with a single pull of the trigger, also regulated under a class III are machine gun receivers, a combination of parts for assembling a machine gun, or a part or set of parts for converting a gun into a machine gun.
SOUND SUPPRESSORS/SILENCERS
A sound suppressor is any device used for muffling the gun shot of a portable firearm, or any part or parts designed exclusively or intended for a silencer.
SHORT BARRELED SHOTGUNS
A shotgun is defined as a shoulder fired, smooth bore firearm. Any shotgun with a barrel of less than 18” or an overall length of less than 26” or any weapon made from a shotgun of the same parameters of length is considered a short barreled shotgun.
SHORT BARRELED RIFLES
A rifle is defined as a shoulder fired, rifled bore firearm. A short barreled rifle is defined as any rifle with a barrel length of less than 16”, or an overall length of less than 26”, or any weapon made from a rifle that falls into these same parameters of length. An example would be making a pistol out of a rifle.
The proper means of measurement is to measure from the closed breech to the muzzle. The overall length is obtained by measuring from end to end of the weapon along the centerline of the bore to obtain the overall length. See 27 CFR sec. 179.11 for further information.
If the weapon has a folding stock measure with the stock extended as long as the stock isn’t easily removed and the weapon is meant to be fired from the shoulder.
ANY OTHER WEAPON (AOW)
AOW is an ‘umbrella term’ defined as “any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive other than a handgun with a rifled barrel.”
This category includes improvised firearms and those disguised such as belt buckle guns, and cane guns for example. This category also includes short-barreled shotguns manufactured without a shoulder stock which is less than or equal to 26” overall length. It also includes handguns designed to fire shot shells.
Pistols with a second vertical grip fall into this category. It is illegal to place an aftermarket vertical foregrip on any pistol without first registering it as an AOW and paying the tax. Failure to do so is a felony and punishable by up to 10 years in prison.
For further information on a specific firearm’s classification as title 1 or title 2 firearms consult the NFA statute or the Alcohol, Tobacco and Firearms (ATF).