Legal Definitions - National Firearms Act

The National Firearms Act is a federal law enacted in 1934 that establishes strict regulations over the manufacture, possession, and transfer of certain types of firearms and other weapons.

Initially, this act targeted weapons commonly associated with organized crime, such as fully automatic machine guns and certain modified shotguns. Over time, through amendments, its scope has expanded to include a broader range of items, such as short-barreled rifles, firearm suppressors (silencers), and specific "destructive devices" like certain large-bore firearms or explosive ordnance. Compliance with the National Firearms Act typically involves a rigorous application process, background checks, registration with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and payment of a tax stamp for each regulated item.

Here are some examples of how the National Firearms Act applies:

• Manufacturing a Suppressor: Sarah, a firearms enthusiast, decides she wants to legally build her own firearm suppressor (often called a silencer) for her rifle. Under the National Firearms Act, she cannot simply make it. She must first submit an application to the ATF, pay a tax, and receive approval before she can begin manufacturing the device. This process ensures the suppressor is properly registered and tracked, illustrating the Act's control over the manufacture of regulated items.

• Transferring a Short-Barreled Rifle: Mark owns a legally registered short-barreled rifle (SBR), which is a rifle with a barrel shorter than 16 inches, making it an NFA-regulated item. When Mark decides to sell his SBR to his friend, Emily, they cannot simply complete a private sale. The National Firearms Act requires a formal transfer process through the ATF, including an application, background check for Emily, and payment of a transfer tax. This demonstrates the Act's strict regulation of the transfer of NFA items between individuals.

• Possession of an Unregistered Destructive Device: A collector discovers an antique, large-bore cannon in an inherited estate. If this cannon is capable of firing a projectile with a bore diameter greater than a certain threshold and is not specifically exempted, it could be classified as a "destructive device" under the National Firearms Act. If the cannon is not properly registered with the ATF, its mere possession could be illegal, even if it's an antique and not intended for modern use. The collector would need to contact the ATF to determine its status and potential options for legal registration or disposal.