Who this is for: Gun owners who want to understand which types of firearms face special legal restrictions on private transfers.
What you’ll learn:
- Which firearms are regulated under the National Firearms Act (NFA)
- Why machine guns manufactured after 1986 cannot be transferred to civilians
- How to legally transfer NFA items you currently own
- State-level restrictions on specific firearm types
- How to identify if a firearm in your possession is an NFA item
Most private firearm sales involve standard handguns, rifles, and shotguns — and the rules are relatively straightforward. But step outside those categories into suppressors, short-barreled rifles, machine guns, or certain configurations that states have banned, and the legal landscape shifts dramatically. Understanding which firearms are restricted from normal private transfer before you attempt to sell one is essential — these violations are felonies.
NFA-Regulated Firearms: The Basics
The National Firearms Act of 1934 (NFA) created a special regulatory category for certain weapons deemed more dangerous or concealable than standard firearms. NFA items require registration with the ATF, a $200 tax stamp for each transfer, and an extensive background check process that typically takes several months. You cannot buy or sell an NFA item through a standard private sale — all NFA transfers must go through a licensed Class III SOT (Special Occupational Taxpayer) dealer.
Items Regulated Under the NFA
- Machine guns: Any firearm that fires more than one round per trigger pull
- Suppressors (silencers): Any device designed to reduce the report of a firearm
- Short-barreled rifles (SBRs): Rifles with a barrel under 16 inches or overall length under 26 inches
- Short-barreled shotguns (SBSs): Shotguns with a barrel under 18 inches or overall length under 26 inches
- Destructive devices: Grenades, rocket launchers, certain large-bore firearms over .50 caliber
- Any Other Weapons (AOWs): Disguised firearms, certain pistols with foregrips, pen guns
Machine Guns: The May 19, 1986 Cutoff
The Hughes Amendment to the Firearm Owners Protection Act of 1986 prohibited civilian transfer of any machine gun manufactured after May 19, 1986. Machine guns manufactured and registered before that date can still be transferred between civilians — but they require the full NFA process including the $200 tax stamp, Form 4 transfer, and ATF approval. Because the supply of transferable pre-86 machine guns is fixed and demand has grown, these firearms now command extraordinary prices. A registered M16 that cost a few hundred dollars in 1986 may be worth $30,000 or more today. Any “machine gun” manufactured after 1986 is not transferable to civilians under any circumstances.
How to Legally Transfer an NFA Item You Own
If you own a legally registered NFA item and wish to sell it, the process requires:
- Finding a buyer who will pass the NFA background check (more thorough than standard NICS)
- Completing an ATF Form 4 (for non-family transfers) or Form 5 (for certain exempt transfers like inheritance)
- Using a licensed Class III SOT dealer as the transfer agent
- Paying the $200 tax stamp (applies to most NFA transfers)
- Waiting for ATF approval — currently months
The ATF’s NFA FAQ covers the complete transfer requirements. Given the complexity and timeline, consulting an attorney familiar with NFA law before initiating any NFA transfer is highly recommended.
State-Level Restrictions on Legal NFA Items
Even if a firearm is federally legal as an NFA item, state law may prohibit its possession entirely. Suppressors are legal under federal law in most states but prohibited in California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, Rhode Island, and others. Short-barreled rifles and shotguns face similar state-level bans in several jurisdictions. Always verify both federal and state legality before attempting any NFA transfer. State-level firearm restrictions vary significantly and change frequently.
How to Identify an NFA Item in Your Possession
If you’ve inherited a firearm or acquired one whose legal status you’re uncertain about, look for: unusually short barrel length (under 16 inches on a rifle or 18 inches on a shotgun), a serialized tube or cylinder attached to the muzzle (suppressor), a third pin hole or auto sear in a semi-automatic rifle (potential machine gun conversion), or any unusual mechanical features you don’t recognize. Do not attempt to possess, transport, or sell any item you suspect is an unregistered NFA item — the penalties are severe. Contact an FFL or attorney for guidance.
Key Takeaways
- NFA items — suppressors, SBRs, SBSs, machine guns, destructive devices — require special $200 tax stamp transfers through a Class III dealer
- Machine guns manufactured after May 19, 1986, cannot be transferred to civilians under any circumstances
- Legal NFA items can be sold to qualified buyers but the process takes months and requires ATF approval
- Some states ban NFA items entirely even when federal law permits them
- Possessing an unregistered NFA item is a federal felony — verify status before acting
Frequently Asked Questions About Restricted Firearms
Is a suppressor registered to me personally or to the gun?
A suppressor is registered to the owner, not to a specific firearm. A suppressor with a registered serial number can legally be used on any firearm its dimensions are compatible with. When you sell the suppressor, the registration transfers to the new owner through the NFA process.
Can I put a short barrel on my own rifle legally?
Converting a standard rifle to an SBR by installing a barrel under 16 inches requires registering it as an SBR through the ATF Form 1 process before making the modification. Doing so without ATF approval is manufacturing an unregistered NFA item — a federal felony.
What happens if I unknowingly purchase an unregistered NFA item?
Ignorance of an item’s NFA status is not a legal defense. The ATF has an amnesty process for people who inadvertently possess unregistered NFA items — the NFA branch can advise on options. Do not attempt to sell, disassemble, or “fix” the situation yourself without legal guidance.
Are 80% lower receivers (incomplete receivers) restricted?
As of 2022, ATF rule changes require many previously unregulated 80% lower receivers to be treated as firearms. The regulatory situation around unserialized frames and receivers continues to evolve — check the current ATF guidance before purchasing or selling any incomplete receiver.