What Is the NFA? National Firearms Act of 1934

When you first dive into the world of firearms, it doesn’t take long before you come across the term NFA, short for the National Firearms Act of 1934. Whether you’re interested in owning a suppressor, a short-barreled rifle (SBR), or full-auto machine guns, you need to know what the NFA is. 

This guide provides a clear overview of what the National Firearms Act is, what it does, and how it affects your ability to exercise your Second Amendment rights. You’ll also learn how you can experience machine guns and other NFA items at the gun vault at The Range 702.

What Is the NFA?

The National Firearms Act was passed in 1934 as the first federal gun control law in U.S. history. The main goal was to regulate certain types of firearms that lawmakers considered unusually dangerous or associated with criminal use. Today, the NFA is still in effect and regulates several different types of firearms and accessories. 

What Does the NFA Regulate?

According to the ATF, the NFA regulates the following:

• Machine guns: Any firearm that can fire more than one round with a single trigger pull.
• Short-barreled rifles: Rifles with barrels shorter than 16 inches or an overall length under 26 inches.
• Short-barreled shotguns: Shotguns with barrels shorter than 18 inches or overall length under 26 inches.
• Suppressors (silencers): Devices that muffle or suppress the sound of a gunshot.
• Destructive devices: Includes some large-caliber weapons, bombs, and grenades. 
• Any other weapon (AOW): A catch-all category for disguised, concealable, or unusual firearms.

Some NFA categories, such as SBRs, suppressors, and machine guns, are legal for civilians to own if you go through the proper process. Others, such as explosives, are strictly limited to select federal firearm license holders and government entities. 

How the NFA Regulates Firearms

The NFA doesn’t outright ban all of these weapons. However, it does place strict controls on how you can buy, sell, transfer, or possess them. 

Key NFA Rules

According to FindLaw, there isn’t a waiting period on firearms in Nevada. If you are legally allowed to possess a firearm, you can make a purchase from your local gun store and take your weapon home the same day. That’s not how it works with NFA items. 

Here’s a basic rundown of the process you have to follow to own an NFA item:

• Registration: All NFA items must be registered with the ATF. 
• Tax stamp: Until recently, a $200 tax stamp was required to transfer/purchase all NFA items. 
• Background check and fingerprints: You must undergo a special background check and submit fingerprints/photos. 
• Approval process: Transfers must be approved by the ATF and include a clean background check.
• State compliance: NFA items are only legal in certain states, including Nevada.

If you’ve looked into buying an NFA-regulated item, you’ve probably heard chatter about the dreaded waiting period. For much of the NFA’s existence, wait times for approval could take months, and a year or longer wasn’t unheard of. Since December 2022, when the ATF allowed electronic filing of forms, wait times have come down significantly, with some approvals being returned in under 24 hours. 

Tax Stamps, Trusts, and More

As of January 1st, 2026, you’ll no longer have to pay the $200 federal tax stamp for some NFA items (silencers, short barreled rifles, short barreled shotguns, and AOWs), thanks to the recently passed 2025 Budget Reconciliation Bill (One Big Beautiful Bill). However, you’ll be the only one who is legally allowed to possess the NFA item, such as a machine gun or suppressor. While you can let your friends use the NFA item, you have to be with them the entire time. 

You can’t let someone “borrow” your machine gun for a trip to the range. Both of you would be violating the NFA and subject to hefty penalties, which could include time in federal prison. 

Trusts present a simple and legal workaround. Instead of filing for single-person ownership of an NFA, you can put your item in a trust. Whomever is listed as part of the trust can legally use and own it. Just make sure you explicitly trust anyone you include, as they will have full legal rights to the firearm or accessory. 

Each person who is being added to the trust will need to pass a background check and pay the associated fee. This approach makes passing down NFA items much easier, but it can delay how long it takes to get your firearm or accessory. 

Why the NFA Was Passed in 1934

The motivation behind the National Firearms Act of 1934 was Prohibition Era gang violence. Organized crime dominated headlines, and automatic weapons were commonly used in gang-on-gang violence. 

Why It Was Created

Lawmakers created the NFA to curb violent crime involving automatic weapons. Some motivators that led to the passing of the NFA were:

• High-profile crimes: Events like the St. Valentine’s Day Massacre made headlines for their brutality, with gangsters using automatic Tommy guns.
• Public fear: The rise in criminal use of fully automatic weapons and sawed-off shotguns led to public demand for regulation. 
• Prohibition fallout: As alcohol bootlegging became a booming black-market business, firearms were often part of the trade.

Lawmakers believed restricting access to the kinds of weapons used in these crimes could curb violence. Over the years, several new federal gun laws have been enacted. Some of them modified the NFA, while others imposed additional regulations or restrictions. 

NFA vs. Other Gun Laws

As a gun owner, it’s important to understand other major acts that impact your Second Amendment rights. 

Two of the most notable are:

• The Gun Control Act of 1968 (GCA): This added new definitions for firearms, expanded licensing, and prohibited certain individuals from owning guns. 
• The Firearm Owners Protection Act of 1986 (FOPA): This placed limits on new machine gun ownership.

Together, these laws created the legal structure we have today. All of them are important and impact the legality of owning and possessing certain firearms and accessories. 

What Is a “Machine Gun” Under the NFA?

According to the National Firearms Act, a machine gun means:

• Any weapon, which is designed to shoot, shoots, or can be readily restored to shoot, automatically more than one shot without manual reloading, by a single function of the trigger.
• The frame or receiver of any such weapon.
• Any part or combination of parts designed to convert a weapon into a machine gun.
• Any combination of parts that can be assembled into a machine gun.

The law is very broad. As such, even possessing parts that can be used to convert a semi-auto firearm into a full-auto one can be treated as unlawful possession of a machine gun under federal law. 

How the NFA Approval Process Works

If you want to legally own a National Firearms Act item, you’ll need to:

• Choose a dealer: Buy the item from an FFL dealer with a Special Occupational Taxpayer (SOT) designation.
• Submit your form: Fill out ATF Form 4 (transfer form).
• Submit your fingerprints and passport photos: Either electronically via the ATF eForm system or with a paper application through the mail. 
• Pass a background check: This is conducted by the FBI.
• Wait for approval: Times vary, depending on if you’re submitting a paper application (longer) or eForm (shorter), and as an individual (shorter) or via a trust (longer). 
• Take possession: Pick up your item after you are approved.

Unfortunately, you’ll have to pay the full price of the NFA item upfront, even though you can’t take possession of it immediately. Many dealers charge a restocking fee, which can be up to 25-50% of the purchase price of the NFA item. With that in mind, make sure you are eligible before applying. 

Penalties for Violating the NFA

According to the National Firearms Act, the penalties for violating the NFA are as follows:

• Up to 10 years in federal prison
• Permanent loss of gun rights
• Fines of up to $250,000

Even unintentional violations, such as possession of an unregistered short-barreled rifle, can result in charges under the NFA. That’s why it’s essential to fully understand your responsibilities and keep documentation organized and accessible. 

How the NFA Affects the Firearms You Can Buy

If you’re thinking about expanding your collection or testing out National Firearms Act items, here’s what you can own:

• Pre-1986 machine guns (registered before May 19, 1986)
• Suppressors, SBRs, and SBSs
• AOWs, such as disguised firearms 

You also need to know what you can’t own, which includes:

• Newly manufactured machine guns (post-1986)
• Destructive devices, like grenades
• NFA items in states where they are prohibited

Always check both federal and state laws before starting your NFA application. You should also be cautious about traveling out of state with an NFA item, even if you purchased it legally. 

Bringing an NFA item into a state that bans that firearm or accessory could result in serious criminal charges. Your firearm or accessory may also be seized. 

For instance, Nevada allows you to purchase and possess NFA items, including suppressors and machine guns, provided you go through all federally required steps. However, if you brought your suppressor into neighboring California, it is a felony offense under that state’s laws. 

Why the NFA Still Matters Today

Even nearly a century after it was passed, the National Firearms Act continues to influence how firearms enthusiasts and collectors purchase specialized gear. 

While the recently passed One Big Beautiful Bill originally included provisions for deregulating suppressors and other NFA items, those segments of the bill didn’t make it through. However, it did include a provision that removed the $200 tax stamp for silencers, SBRs, SBSs, and AOWs. 

For now, that change makes purchasing NFA items much more affordable for most gun owners. The National Firearms Act is still very much intact, though, and future administrations could reinstate the tax or even increase it. 

The $200 tax stamp has been in place since the NFA was passed in 1934. Back then, that fee was the equivalent of $4,500 today. It was intended to be a prohibitive barrier, not just a nominal fee. 

The concern among some people is that lawmakers may attempt to impose a higher fee consistent with the original spirit and intent of the National Firearms Act. 

NFA Firearms at The Range 702

If you are passionate about owning unique firearms and accessories, such as machine guns and suppressors, navigating the hurdles of the NFA is well worth the effort. However, if you are simply interested in experiencing regulated items, like fully automatic weapons, there are easier options. 

At The Range 702, you can shoot fully automatic weapons from our vault, including MP5s, M249 SAWs, and more. Our huge selection of unique and rare firearms can take you on a trip back in history. The vault includes the infamous MG-42, which was developed in Germany during World War II. 

Do you want to experience one of the firearms that prompted the NFA in the first place? Check out our Thompson fully automatic machine gun, also known as the Chicago typewriter. 

Take your shooting experience full throttle at The Range 702. You can avoid the cost and hassle of purchasing your own National Firearms Act-regulated firearm or accessory. 

Navigating the National Firearms Act as a Gun Owner

The NFA may be nearly 100 years old, but it still has a very real impact on your ability to purchase and possess firearms. If you’re interested in owning a suppressor, SBR, or machine gun, the information above will help you navigate the process.