The world of firearms is complex, with various laws and regulations governing what you can and cannot own. One of the most important distinctions in U.S. firearm law is between NFA and Non-NFA firearms.
Understanding these categories is crucial for both new and experienced gun owners to ensure compliance with federal law. In this blog post, we’ll dive deep into what Non-NFA firearms are, how they differ from NFA firearms, and why this distinction matters.
What is the NFA?
The National Firearms Act (NFA), enacted in 1934, is one of the key pieces of legislation regulating certain types of firearms and firearm accessories in the United States. The NFA was introduced in response to the gang violence of the Prohibition era, aiming to restrict access to particularly dangerous weapons.
The NFA regulates the following types of firearms:
Machine Guns: Fully automatic firearms that continue to fire as long as the trigger is held down.
Short-Barreled Rifles (SBRs): Rifles with barrels shorter than 16 inches or an overall length of less than 26 inches.
Short-Barreled Shotguns (SBSs): Shotguns with barrels shorter than 18 inches or an overall length of less than 26 inches.
Silencers/Suppressors: Devices designed to reduce the noise of gunfire.
Destructive Devices: This category includes grenades, bombs, and other explosive devices, as well as large-bore firearms (greater than 0.50 caliber).
Any Other Weapons (AOWs): This is a catch-all category for firearms that don’t fit neatly into other classifications, such as certain concealable weapons like cane guns or pen guns.
To legally own an NFA firearm, individuals must go through an extensive process that includes submitting fingerprints, photographs, and an application to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE), paying a $200 tax stamp (or $5 for AOWs), and receiving approval from the ATF.
What are Non-NFA Firearms?
Non-NFA firearms are those that don’t fall under the stringent regulations of the NFA. These include the most common types of firearms that the average gun owner might possess. Here’s a closer look at the categories of Non-NFA firearms:
1. Handguns
Handguns are firearms designed to be held and operated with one hand. They include pistols and revolvers.
Legal Requirements: There are no NFA restrictions on handguns, as long as they are not modified to meet the definition of an SBR by adding a stock or other modifications that would change their classification.
2. Rifles
Rifles are defined as firearms designed to be fired from the shoulder, with a rifled barrel that imparts a spin to the bullet, stabilizing it for greater accuracy.
Legal Requirements: A Non-NFA rifle must have a barrel length of at least 16 inches and an overall length of at least 26 inches. Rifles meeting these criteria are widely owned and used for hunting, sport shooting, and home defense.
3. Shotguns
Shotguns are firearms designed to be fired from the shoulder and use the energy of a fixed shell to fire a number of small spherical pellets called shot or a solid projectile called a slug.
Legal Requirements: A Non-NFA shotgun must have a barrel length of at least 18 inches and an overall length of at least 26 inches. Like rifles, shotguns are subject to less regulation than NFA items.
4. “Other” Firearms
This category includes firearms that don’t fit neatly into the categories of rifle, shotgun, or handgun. One common example is an AR-15 pistol, which features a barrel shorter than 16 inches but doesn’t have a stock, and is therefore classified as a pistol rather than a rifle.
Legal Requirements: These firearms are regulated based on specific features rather than their overall classification as a rifle, shotgun, or handgun. Some other firearms are designed with a pistol brace instead of a traditional stock, which keeps them out of NFA territory.
Key Differences Between NFA and Non-NFA Firearms
Understanding the distinction between NFA and Non-NFA firearms is crucial for legal ownership and compliance. Here are the key differences:
Regulatory Requirements: NFA firearms require registration with the ATF, a background check, and payment of a tax stamp, while Non-NFA firearms can be purchased through a licensed dealer without these additional steps.
Length and Size Restrictions: The classification of a firearm as an NFA or Non-NFA item often comes down to specific measurements like barrel length and overall length.
Modification and Customization: Modifying a Non-NFA firearm in certain ways, such as shortening the barrel of a rifle below 16 inches or adding a stock to a handgun, can reclassify it as an NFA item, making it subject to additional regulations.
Why Understanding Non-NFA Firearms Matters
For gun owners, it’s essential to understand these classifications to stay within the bounds of the law. Possessing an NFA firearm without proper registration and compliance can result in severe legal penalties, including fines and imprisonment.
By contrast, owning Non-NFA firearms offers a simpler, more straightforward process while still providing a wide range of options for personal defense, hunting, and sport shooting.
Non-NFA firearms represent the majority of firearms owned by American citizens, offering a wide range of options for different needs and preferences. Understanding the difference between NFA and Non-NFA firearms is not just a matter of legal compliance but also helps in making informed decisions about the types of firearms that best suit your needs.
Whether you’re a seasoned gun owner or new to the world of firearms, staying informed about these distinctions is key to responsible ownership.
