Department NFA to Officer NFA
bryanmcreePURPOSE: When an NFA item is transferred to a LE Department and the Officer wishes to transfer the NFA item to them personally this is the process that needs to be followed.
- There are two methods of legal individual possession for NFA items.
- A Tax Stamp
- This is a physical stamp assigned to the owner. Only the owner can be in legal possession. When the owner dies the NFA item is returned to the ATF or transferred to another individual.
- A Gun Trust
- A gun trust the trust owns the NFA item or items. Individuals listed on the gun trust can be in legal possession. The trust can be modified at any time with new members. However any member on the trust at the time a new NFA item is added has to go through the responsible person process (fingerprints, photos, questionnaire)
- Gun Trust can be purchased online for between $50 to $100.
- A Tax Stamp
- There is a $200 tax stamp per NFA item. No matter if it’s on a stamp or in a trust. To move an item from a tax stamp to a trust is another $200 and another ATF Form 4 (So pick one). This is a one-time fee for the NFA item per transfer. The item such as a suppressor can be moved from one firearm to another without another fee.
- or an individual or trust to transfer and NFA item an ATF Form 4 must be completed and submitted with the all the supporting documentation (fingerprints, photo)
https://www.atf.gov/firearms/docs/form/form-4-application-tax-paid-transfer-and-registration-firearm-atf-form-53204- If the NFA item lives with a Dealer then it is recommended that the dealer start the Form 4 process on the ATF’s eForms system.
- If the NFA item lives with a Department then a paper Form 4 is required.
- It is best to use the link above and fill the document out electronically SAVE IT and print out copies as needed
- The processing times for ATF Applications can be viewed here. https://www.atf.gov/resource-center/current-processing-times
- Law Enforcement Officers who will use the NFA items in the performance of their duties can request their Form 4 be expedited. A letter on Department Letterhead stating the Officer is employed with powers of arrest and in good standing with the Department and that the NFA item is being used in the lawful discharge of their duties and the item is approved for department use. See sample letter below.
- The completed Form 4 packet should include the following.
- Completed Signed Form 4 (Responsible Party Questions Per Member if a Trust)
- Copy of the Trust (If Applicable)
- Two Fingerprint Cards (Per Member if a Trust)
- Passport Photos (Per Member if a Trust)
- Department Letter Requesting Expediting (If Applicable)
- 2 copies of the completed Form 4
- DON’T FORGET TO GET SIGNATURES
- You will need an agency head to sign in addition to you. Remember it’s coming from the department to YOU.
- DON’T FORGET TO GET SIGNATURES
- The packet needs to be mailed priority mail with tracking to the address on the Form 4.
- A week after the package has been received, call the NFA division (304-616-4500) and ask for a Control Number. They will ask for the serial number of the item. This control number will reference YOUR submitted Form. If you have a letter asking for expediency you will send an email with this control number and a copy of your scanned letter to NFAFAX@atf.gov .
Sample letter requesting the expediting on the Form 4. Needs to be printed off on Department letterhead, signed by a supervisor and a scanned copy made. The original will go within the packet with the Form 4. Alter the contents of the letter as needed.
[October 27, 2023]
Alcohol, Tobacco, Firearms and Explosives,
In regards to the [Witt Machine and Tool Co Cal .30 SN WMTDRTY30594].
Investigator James Smith is a Deputy with the Irwin County County Sheriff’s Office, with the powers of arrest and is in good standing.
The above mentioned device (weapon) is approved for departmental use by the Irwin County Sheriffs
Chief Deputy
Louise Barker
