FFL NFA Items & Special Regulations 5 ā Questions and Answers
Question 1: A resident of State A wants to take their registered NFA short-barreled rifle to State B for a hunting trip. State B permits SBRs. What is the correct procedure?
- No action needed; FOPA's safe passage provision covers NFA items
- File ATF Form 5320.20 and receive written approval before crossing state lines (Correct answer)
- Notify the ATF by certified mail 10 days before travel
- Obtain a notarized letter from a CLEO in State A
Correct answer: File ATF Form 5320.20 and receive written approval before crossing state lines
Interstate transport of an NFA item requires prior written approval from the ATF via Form 5320.20; FOPA safe passage does not apply to NFA firearms.
Question 2: Under the NFA, a 'machine gun' is defined to include which of the following in addition to the complete weapon?
- Any semi-automatic firearm capable of being converted
- Any part designed and intended solely and exclusively to convert a weapon into a machine gun (Correct answer)
- Any magazine capable of holding more than 10 rounds
- Any firearm with a cyclic rate exceeding 600 rounds per minute
Correct answer: Any part designed and intended solely and exclusively to convert a weapon into a machine gun
The NFA definition of machine gun includes any part designed and intended solely to convert a weapon into a machine gun, such as auto sears and DIAS.
Question 3: What distinguishes a 'short-barreled rifle' from a 'pistol' under NFA and ATF definitions when both may have a barrel under 16 inches?
- Caliber of the firearm determines classification
- Whether the firearm was originally manufactured and designed to be fired from the shoulder (Correct answer)
- Magazine capacity distinguishes the two categories
- The presence of a threaded barrel determines NFA status
Correct answer: Whether the firearm was originally manufactured and designed to be fired from the shoulder
An SBR is a rifle (designed/made to fire from the shoulder) with a barrel under 16 inches or overall length under 26 inches, while a pistol was never designed to be fired from the shoulder.
Question 4: A customer asks about purchasing a 'Forced Reset Trigger' (FRT). Based on ATF's current classification stance, how should an FFL advise the customer?
- FRTs are legal accessories not subject to NFA regulation
- ATF has classified FRTs as machine guns; their possession may constitute an NFA violation (Correct answer)
- FRTs are regulated as AOWs and require a $5 transfer tax
- FRTs are only restricted in states with assault weapons bans
Correct answer: ATF has classified FRTs as machine guns; their possession may constitute an NFA violation
ATF issued a final rule classifying Forced Reset Triggers as machine guns under the NFA, making unlicensed possession potentially illegal.
Question 5: When completing ATF Form 4 for a civilian transfer of a registered NFA item, the transferor must ensure the item's serial number matches what document?
- The original ATF Form 1 or Form 4 approval document (the approved tax stamp) (Correct answer)
- The transferor's most recent A&D record entry only
- The NICS transaction number from the original 4473
- The manufacturer's ATF-approved model designation only
Correct answer: The original ATF Form 1 or Form 4 approval document (the approved tax stamp)
The NFA item's serial number on the new Form 4 must exactly match the serial number on the item's existing approved transfer or making document (the tax stamp).
Question 6: An SOT dealer sells a post-1986 dealer-sample machine gun to a civilian customer. This transaction is:
- Lawful if the civilian passes a background check and pays $200 tax
- Lawful only if the civilian is a licensed FFL
- Unlawful; post-1986 dealer samples may only be sold to government entities or SOT dealers (Correct answer)
- Lawful if the SOT dealer transfers it as a Form 1 made item
Correct answer: Unlawful; post-1986 dealer samples may only be sold to government entities or SOT dealers
Post-1986 machine gun dealer samples acquired by SOT dealers may only be transferred to other SOTs or government agenciesānot to civiliansāper ATF regulations.
Question 7: Under 18 U.S.C. Ā§ 922(o) and the NFA, what is the maximum federal criminal penalty for unlawful possession of an unregistered NFA firearm?
- 5 years imprisonment and $100,000 fine
- 10 years imprisonment and $250,000 fine (Correct answer)
- 15 years imprisonment and $500,000 fine
- 20 years imprisonment and $500,000 fine
Correct answer: 10 years imprisonment and $250,000 fine
Unlawful possession of an unregistered NFA firearm carries a maximum federal penalty of 10 years imprisonment and a $250,000 fine under 26 U.S.C. Ā§ 5871.
FFL NFA Items & Special Regulations 5
A resident of State A wants to take their registered NFA short-barreled rifle to State B for a hunting trip.
State B permits SBRs.
What is the correct procedure?