Perhaps the most interesting ATF form a person can file is the ATF Form 2, or ATF Form 5320.2. Also known as “Notice of Firearms Manufactured or Imported” the ATF Form 2 is filed by an SOT when they want to manufacture or import an NFA item they are licensed to handle.
This form is interesting because it is the only way new machine guns can be manufactured in the US and any imported. Of course that same logic extends to any other commercially produced or sold NFA item. The NFA Form 2 is the beginning of every commercially made or imported NFA regulated item in the US and for that reason it is worth looking closer at, even if very few Americans will ever file one or be aware that it exists.
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Notice of Firearms Manufactured or Imported
The ATF Form 5320.2 is where all the magic begins in a legal sense. All NFA forms are somewhat irritating and highly specialized, but NFA Form 2 might be the most specialized of them all because of the fact you have to be a licensed SOT to even file it.
But how does this work? You’ll notice the name of this NFA form is “Notice of Firearms Manufactured or Imported” not something like “Request to Manufacture or Import Firearms.”
That’s because with the correct SOT and FFL combo, you are already authorized to make various NFA devices, or import them. Although importing also has another unique set of hoops to jump through depending on what you are importing, so by the time you get to an NFA Form 2, it is basically a formality.
The NFA Form 2 is used then to NOTIFY or INFORM the ATF that you have made or imported a particular NFA item.
Using NFA Form 2
Let us say you are an 07 FFL with an 02 SOT. That’s the magic combination that allows you to manufacture almost any NFA item and offer it for sale to any legally qualified buyer.
Now, as a manufacturing SOT, you don’t have to abide by some of the rules involving demo letters and such for machine guns. A SOT with a regular 01 FFL has to get a demo letter from a law enforcement or other similar government agency before they can acquire a machine gun sample to offer for examination.
However, if you are authorized to use NFA Form 2, then you don’t have to do that. As a manufacturer you are the beginning of the supply chain for legal machine guns in the United States, and simply build the gun and use NFA Form 2 to notify the ATF of the gun you made, the serial number, and a basic physical description of it.
Naturally this NFA form can be used for more than just machine guns. Silencers, short barrel rifles, destructive devices and all other NFA devices being made by a manufacturer or imported by an importer must be declared on NFA Form 2.
When Not to Use NFA Form 2
First off, this is an NFA form you never should use unless you have an SOT paired with manufacturing or importing FFL. In other words, unless you are in the business of manufacturing or importing NFA devices, NFA Form 2 is not for you.
If you are buying an NFA device, then you’ll be using a different NFA form – the Form 4. NFA Form 4 is for buying an already existing NFA device from a dealer.
If you are an individual person making an NFA device in the name of yourself, your trust or corporation, then you use the NFA Form 1. This NFA form is for the personal manufacture of any NFA item that is not a machine gun. Remember, no new machine guns can be manufactured by individuals since May 19, 1986. But any other NFA item can be made by a person on a Form 1.
The NFA Form 3 is used for transfer between authorized dealers or to law enforcement or government agencies. It allows for a tax free transfer in these limited circumstances.
You can learn more about other NFA forms by clicking here, and see the alternatives to a Form 2.
Would You Like to Use an NFA Form 2?
There are many reasons to get into the potentially lucrative business of NFA weapons. Some people maintain SOT’s so that they can operate rental and training facilities. Others to engage in common retail sale of silencers and short barrel rifles and shotguns. Still, others move in the world of machine guns which is limited to some commercial sales of pre May 1986 registered machine guns and law enforcement sales, or rental/training facilities.
As you can see though, there are a number of ways to make money with an SOT. Plus as an added bonus there is absolutely no reason why you cannot use your SOT or FFL for personal use as an incidental action to running a business!
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If you want to be one of the lucky people who can use NFA Form 2, and want to start making NFA devices – even machine guns legally and for profit, then let’s get you started! Just click here to start your incredible journey in the world of NFA manufacturing!
