Identification of Firearms Within the Purview of the National Firearms Act

Foreword

This publication was prepared by the Firearms Technology Branch to help you in identifying weapons classified as firearms (including destructive devices) under Title 26. This may also be cited as the “National Firearms Act.”

This guide acts as an aid in identifying types of firearms and destructive devices which must be registered with ATF under the national firearms act (title II of the gun control act of 1968).

Thompson Submachine Gun, .45cal

Classification

Machinegun

Distinctive Characteristics

Selector switch permits firing of weapon either as a semi or full automatic weapon.

Special Note

The original Model 1927, while semiautomatic only, is still classified as a Title II firearm because of its machine gun receiver and short barrel. The Thompson Model 1927A1-A5 firearms manufactured by Auto Ordnance, West Hurley, New York are classified as Title I firearms.

Rate of Transfer Tax

$200.00

M-2 Carbine – Machine Gun

Classification

Machinegun

Distinctive Characteristics

Selector switch permits firing of weapon either as a semi or full automatic weapon.

Special Note

M-1 Carbines altered by substitution of M-2 kits to permit automatic fire are also machine guns. Carbine receivers marked M-2 are machine guns, even though they may only be capable of semiautomatic fire.

Possession of an unregistered M-2 conversion kit, which consists of the following seven parts, constitutes possession of an unregistered NFA firearm; regardless of whether or not assembled;

1. selector
2. selector spring
3. selector lever assembly
4. hammer
5. disconnector
6. disconnector spring
7. disconnector plunger

Rate of Transfer Tax

$200.00

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M-14 Machine Gun

Classification

Machinegun

Distinctive Characteristics

This is the M-14 Rifle. It generally can be distinguished from the M1 by shoulder plate, magazine and flash hider. The forestock is also different from that found on the M-1. The Selector Switch on the M-14 Machine Gun is located on the right rear side of the receiver, just above the trigger. All M-14's which are so marked are Machine Guns whether or not equipped with a Selector Switch.

Special Note

The Model M-IA rifle manufactured by the Springfield Armory, San Antonio, Texas or Geneseo, Illinois, is similar in appearance to the M-14 with the exception of not having a selector, it is NOT a machine gun. The M-1A is a Title I weapon.

Rate of Transfer Tax

$200.00

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AK47 Assault Rifle

Classification

Machinegun

Distinctive Characteristics

Selective fire weapon. May be encountered with or without bayonet, with wooden stock or folding metal stock. Used by Soviet Bloc countries and may be designated also as AKM, TYPE 56 (China), TYPE (58 N Korea), MPIKM E Germ., or RPK, TARIQ (IRAQ) depending on the country of origin.

Special Note

Commercial semi-automatic variations are currently being imported s and are NOT classified as machine guns.

Rate of Transfer Tax

$200.00

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MP-43, MP-44 and STG-44 Assault Rifles

Classification

Machinegun

Distinctive Characteristics

Selector switch on side of frame permits either full or semi-automatic fire.

Rate of Transfer Tax

$200.00

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Mauser Machine Pistol, 7.63mm (.3Ocal.)

Classification

Machinegun (Machine Pistol)

Distinctive Characteristics

The selector switch on the left side of frame permits full or semi-automatic fire; this weapon is usually accompanied by a wooden holster which is capable of attachment as a shoulder stock. However, with or without the attachable shoulder stock, this weapon is a machine gun.

Rate of Transfer Tax

$200.00

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Spitfire Carbine (Machine Gun)

Classification

Machinegun

Distinctive Characteristics

Can be fired fully automatic by manipulation of safety lever during firing of weapon.

Rate of Transfer Tax

$200.00

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Colt M16, Model 614, 5.56mm Machine Gun

Classification

Machinegun

Distinctive Characteristics

Selective fire weapon as manufactured by Colt for the U.S. Military, law enforcement, and off shore sales. May encounter various model designations along with “Property of U.S. Gov’t.”

Special Note

Semi-automatic version designated Model SP1, .223 caliber, with a two position selector.

Rate of Transfer Tax

$200.00

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Ingram M-1O, .45cal. Machine Gun

Classification

Machinegun

Distinctive Characteristics

Selector lever on left side of receiver permits either full or semi-automatic fire.

Rate of Transfer Tax

$200.00

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RPB Industries, SM-1O 9mm Converted Pistol with Silencer

Classification

Machinegun and Silencer

Distinctive Characteristics

Full automatic fire. Internal components altered to allow automatic fire only. Sionics Type Kit Silencer attached.

Rate of Transfer Tax

$200.00 – Machine Gun; $200.00 – Silencer

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Conversion Parts

Classification

Machinegun

Rate of Transfer Tax

$200.00

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Weapon Made from a Shotgun

Classification

Weapon Made from a Shotgun

Distinctive Characteristics

Overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length. Both stock and barrel altered.

Rate of Transfer Tax

$200.00

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Short Barreled Shotgun

Classification

Short Barreled Shotgun

Distinctive Characteristics

Shotgun having a barrel or barrels of less than 18 inches in length.

Rate of Transfer Tax

$200.00

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l2ga. Crude Manufacture

Classification

Weapon Made from a Shotgun

Distinctive Characteristics

Barrel less than 18 inches and/or overall length less than 26 inches, stock altered, barrel cut down. Often mistakenly called a “sawed off shotgun.” In this instance overall length is determining factor. However, if the overall length is 26 inches or more and barrel less than 18 inches, this weapon would still be classified as a firearm under the Act.

Rate of Transfer Tax

$200.00

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Short Barreled Rifle

Classification

Short Barreled Rifle

Distinctive Characteristics

Rifle having a barrel or barrels of less than 16 inches in length.

Rate of Transfer Tax

$200.00

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Weapon Made from a Rifle

Classification

Weapon Made from a Rifle

Distinctive Characteristics

Overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length.

Rate of Transfer Tax

$200.00

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.22cal., Crude Manufacture

Classification

Weapon Made from a Rifle

Distinctive Characteristics

Barrel less than 16 inches and/or overall length less than 26 inches, stock altered, barrel cut down. In this instance, overall length is the determining factor. Also, firearm was not originally designed or manufactured in its present condition. However, should the overall length be more than 26 inches but the barrel less than 16 inches, it would still be classified as a firearm under the NFA.

Rate of Transfer Tax

$200.00

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Various Silencers

Classification

Silencer

Distinctive Characteristics

A Silencer is any device for silencing, muffling or diminishing the report of a portable firearm.

Rate of Transfer Tax

$200.00

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Flare Launchers

Classification

Not a Firearm

Distinctive Characteristics

Generally plastic

Special Note

AOW when possessed with ammunition inserts.

Rate of Transfer Tax

None

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Flare Launcher Inserts

Classification

Any Other Weapons, only when possessed with a flare launcher

Distinctive Characteristics

Generally made of metal

Special Note

25 mm 12 GA adapter is lawful unless modified

Rate of Transfer Tax

$200.00 if installed in a flare launcher (making of AOW)

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Sionics Type Silencer Kit (complete and unassembled)

Classification

Silencer

Distinctive Characteristics

Two outer cylinders, threaded ported sleeve, eyelets, bushing, baffle, spirals, encapsulator, front end cap.

Special Note

The internal components or the outer cylinders, are also silencers as defined.

Rate of Transfer Tax

$200.00

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High Standard H. D. Military, .22cal. Pistol with Silencer

Classification

Silencer

Distinctive Characteristics

Any device for silencing or diminishing the report of any portable weapon.

Rate of Transfer Tax

$200.00

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Ruger Standard Model .22cal. Pistol with Homemade Silencer

Classification

Silencer

Distinctive Characteristics

Any device for silencing or diminishing the report of any portable weapon.

Rate of Transfer Tax

$200.00

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Smooth-Bore, Shot-Revolver

Notice: All “Any Other Weapons” have a mandatory tax of $200.00 for making. Transfer of an “Any Other Weapons” is an additional $5.00.

Classification

Any Other Weapon

Distinctive Characteristics

A revolver having a barrel with a smooth bore designed or redesigned to fire shot shells.

Rate of Transfer Tax

$5.00

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Smooth Bore, Shot-Pistol

Notice: All “Any Other Weapons” have a mandatory tax of $200.00 for making. Transfer of an “Any Other Weapons” is an additional $5.00.

Classification

Any Other Weapon

Distinctive Characteristics

A pistol having a barrel with a smooth bore designed or redesigned to fire shot shells.

Rate of Transfer Tax

$5.00

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Tear Gas Pen Guns

Notice: All “Any Other Weapons” have a mandatory tax of $200.00 for making. Transfer of an “Any Other Weapons” is an additional $5.00.

Classification

Any Other Weapon

Distinctive Characteristics

Capable of chambering and firing fixed ammunition; all calibers. Can be commercially or home made, smooth bore or rifled. Usually called a “Pen Gun.”

Rate of Transfer Tax

$5.00

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Marble Game-Getter Gun

Notice: All “Any Other Weapons” have a mandatory tax of $200.00 for making. Transfer of an “Any Other Weapons” is an additional $5.00.

Classification

Any Other Weapon

Distinctive Characteristics

A firearm having combination rifle and shotgun barrels, more than 12 inches but less than 18 inches long, originally designed to be fired from the shoulder. Usually has a wire type folding stock attached. Removal of the stock from the weapon does not affect its classification as a firearm under the National Firearms Act.

Rate of Transfer Tax

$5.00

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Wallet Holsters

Notice: All “Any Other Weapons” have a mandatory tax of $200.00 for making. Transfer of an “Any Other Weapons” is an additional $5.00.

Classification

Any Other Weapon with firearm

Distinctive Characteristics

Holster has hole to fire weapon

Rate of Transfer Tax

$5.00 with firearm; no tax without firearm

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H & R Handy Gun

Notice: All “Any Other Weapons” have a mandatory tax of $200.00 for making. Transfer of an “Any Other Weapons” is an additional $5.00.

Classification

Any Other Weapon

Distinctive Characteristics

Smooth bore shot pistol designed and manufactured in present condition, commonly referred to as a “Handy Gun.”

Rate of Transfer Tax

$5.00

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Model No. 35 Stevens Autoshot

Notice: All “Any Other Weapons” have a mandatory tax of $200.00 for making. Transfer of an “Any Other Weapons” is an additional $5.00.

Classification

Any Other Weapon

Distinctive Characteristics

Iron frame, smooth bore, shot pistol, half octagon barrel, front shotgun bead sight and rear shotgun groove sight cast into the frame. Firearm was commercially manufactured in its present condition.

Rate of Transfer Tax

$5.00

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Ithaca Auto-Burglar

Notice: All “Any Other Weapons” have a mandatory tax of $200.00 for making. Transfer of an “Any Other Weapons” is an additional $5.00.

Classification

Any Other Weapon

Distinctive Characteristics

A double barreled, breech loading, smooth bore shot pistol marked “auto and burglar gun.” Firearm was commercially manufactured in present condition.

Rate of Transfer Tax

$5.00

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Tear Gas Gun, l2ga.

Notice: All “Any Other Weapons” have a mandatory tax of $200.00 for making. Transfer of an “Any Other Weapons” is an additional $5.00.

Classification

Any Other Weapon

Distinctive Characteristics

Any tear gas device capable of chambering and firing any self-contained cartridge. Even though the device may destroy itself in firing, it is still a firearm under the National Firearms Act.

Rate of Transfer Tax

$5.00

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Mortar

Classification

Destructive Device

Distinctive Characteristics

Mounted on a bi-pod and base plate, bore diameter larger than .50 caliber.

Rate of Transfer Tax

$200.00

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U.S. Rocket Launcher (Bazooka)

Classification

Destructive Device

Distinctive Characteristics

Designed to fire a selfpropelled rocket.

Rate of Transfer Tax

$200.00

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Boys .55cal. Anti Tank Rifle

Classification

Destructive Device

Special Note

In .50 caliber, this is a Title I rifle, not a destructive device.

Rate of Transfer Tax

$200.00

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Belt Buckle Holster

Classification

None

Distinctive Characteristics

Buckle with pistol

Rate of Transfer Tax

None *Please note that this refers only to the buckle itself*

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Street Sweeper

Classification

Destructive Device

Distinctive Characteristics

Large revolving cylinder

Special Note

See ATF Ruling 2001-1

Rate of Transfer Tax

$200.00