The
National Firearms Act (
NFA),
72nd Congress, Sess. 2, ch. 757, 48
Stat. 1236, enacted on June 26, 1934, currently codified as amended as 26 U.S.C. ch. 53, is an
Act of Congress in the
United States that, in general, imposes a statutory
excise tax on the manufacture and transfer of
certain firearms and mandates the registration of those firearms. The Act was passed shortly after the repeal of
Prohibition. The NFA is also referred to as
Title II of the Federal firearms laws. The
Gun Control Act of 1968 ("GCA") is Title I.
All transfers of ownership of registered NFA firearms must be done through the federal NFA registry. The NFA also requires that transport of NFA firearms across state lines by the owner must be reported to the
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF, or BATFE).
The purpose of the NFA
[1] was to regulate what were considered "gangster weapons" such as
machine guns and
short barreled shotguns.
[2] Originally, pistols and revolvers were to be regulated as strictly as machine guns; towards that end, cutting down a rifle or shotgun to circumvent the handgun restrictions by making a concealable weapon was taxed as strictly as a machine gun.
Conventional pistols and revolvers were ultimately excluded from the Act before passage, but other concealable firearms were not: the language as originally enacted defined an NFA "firearm" as:
A shotgun or rifle having a barrel of less than eighteen inches in length or
any other weapon, other than a pistol or revolver, from which a shot is discharged by an explosive if such weapon is capable of being concealed on the person, or a machinegun, and includes a muffler or silencer for any firearm whether or not such a firearm is included in the foregoing definition.
[3][4]
Under the original Act, NFA "firearms" were machine guns, short-barreled rifles (SBR), short-barreled shotguns (SBS), any other weapons (AOW or concealable weapons other than pistol or revolver) and silencers for any type of
firearm NFA or non-NFA. Minimum barrel length was soon amended to 16 inches for rimfire rifles and by 1960 had been amended to 16 inches for centerfire rifles as well. In recent years several SBRs,
Winchester and
Marlin "trapper" rifles made before 1934 with 14 or 15 inch barrels, were removed from the NFA (Title II), although they are still subject to Gun Control Act of 1968 (Title I).