The first thing to decide is if you should purchase your NFA item as an individual or with a Gun Trust. There are many benefits to using a gun trust, some of which include (but aren’t limited to):
Beneficiary Distribution: You may decide what happens to the items in the event of your death OR if you are no longer able to own firearms and NFA items due to legal reasons (temporarily or otherwise), including a felony conviction, being “red flagged”, etc. As an individual purchaser in those situations, NFA items would have to be destroyed, sold, or turned into law enforcement.
Co-Trustees: Co-trustees can handle, use, and store any items within the trust. You may add anyone as a co-trustee so long as they are legally able to own and possess firearms.
Flexibility Without Cost: Adding beneficiaries and co-trustees to a gun trust do not require the cost of an additional $200 tax stamp. Individual purchasers must pay the tax stamp anytime possession of the NFA item changes. For instance, suppose you are “red flagged” and have temporarily given possession of the item to a local gun shop. Once your legal matters are addressed, you would be required to both re-apply for possession and purchase another $200 tax stamp.
No CLEO Signature Required: If you use a gun trust, you will not be required to obtain a signature from your Chief Law Enforcement Officer on your application (Form 4, Form 1, etc).
What are NFA Firearms?
NFA Firearms are a unique category of highly regulated firearms. This category includes:
Silencers (or suppressors), Full-auto machine guns, Short-Barreled Rifles (SBRs) (rifles with a barrel less than 16" or an overall length less than 26"), Short-Barreled Shotguns (SBSs) (shotguns with a barrel less than 18" or an overall length less than 26"), Destructive Devices (grenades and certain types of ammunition), Any Other Weapons (AOWs) (pen guns, certain special handguns, etc.)
To purchase an NFA item, one must buy the firearm from an FFL/SOT and apply for the transfer with the ATF. Special requirements exist for owning a machine gun. As a private citizen (without an FFL), you can only buy a machine gun that is over 35 years old, likely costing over $15,000, with a transfer process that could take around a year via ATF Form 4. Transfer approval for individuals can take up to 10 months or more, while transfer times for an SOT are typically just a business day or two.
Transferring these NFA Firearms for non-FFLs requires a tax payment to the federal government, as well as an application and approval by the ATF using ATF Form 4.
Requirements For Legally Purchasing A Suppressor In Florida:
You must be a resident of the State of Florida, You must be at the least 21 years of age, You must be a resident of the United States, You must be legally able to purchase a firearm, You must be able to pass a ATF background check and You must pay a fee of $200 to the ATF for each suppressor you purchase.
Suppressors Are Designated As A Class 3 Firearms In Florida
Silencers and suppressors are designated as Class 3 Firearms
by the Bureau of Alcohol Tobacco Firearms and Explosives. They are regulated
items under the National Firearms Act (NFA).
These regulations were passed by the federal government on
June 26, 1934 as a means to discourage unscrupulous persons from obtaining
Class 3 weapons and lengthening prison sentences for those to be found in
violation of the law.