What NFA Firearms Are Permitted By Each State?

The National Firearms Act (NFA) regulates specific types of firearms and accessories that require heightened compliance measures, such as registration and tax stamps. These include short-barreled rifles (SBRs), short-barreled shotguns (SBSs), machine guns, silencers, and destructive devices. However, the legality of owning or transferring these firearms varies significantly by state.

Understanding these regulations is essential for collectors, enthusiasts, and anyone interested in owning NFA-regulated items.

Understanding NFA Firearms

Before delving into state-specific details, it’s crucial to define what qualifies as an NFA firearm:

• Short-Barreled Rifles (SBRs): Rifles with a barrel length under 16 inches.
• Short-Barreled Shotguns (SBSs): Shotguns with a barrel length under 18 inches.
• Silencers/Suppressors: Devices designed to suppress the sound of firearm discharge.
• Machine Guns: Firearms capable of fully automatic fire.
• Destructive Devices: Explosive or incendiary devices, as well as certain large-caliber firearms.

Federal Regulation of NFA Items

Ownership of NFA firearms is regulated under federal law, requiring:

1. Registration with the ATF: Each NFA item must be registered through the National Firearms Registration and Transfer Record.
2. Tax Stamp Purchase: Owners must pay a $200 tax for each NFA item (except for certain AOWs which require only $5).
3. ATF Form 4 Submission: The transfer or purchase of NFA firearms requires the submission of this form.
4. Background Check: A comprehensive background check must be completed.
5. Interstate Transport: Transporting NFA items across state lines requires prior approval via ATF Form 5320.20.

State-by-State Guide to NFA Firearms

Below is a detailed overview of how each state regulates NFA firearms, categorized by item type and including relevant notes.

Alabama

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: NFA items must comply with federal law. Local regulations may apply in certain municipalities.

Alaska

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Alaska is permissive, but local ordinances may impose specific restrictions. Federal compliance is required.

Arizona

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Arizona has favorable laws for NFA items, but they must still comply with federal requirements.

Arkansas

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Compliance with federal regulations is required, but state law is favorable to ownership of NFA items.

California

• Permitted: Certain AOWs, such as smoothbore pistols and firearms with a combination of a smoothbore and rifle barrel, are legal to own in California.
• Forbidden: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Caveat: California has highly restrictive firearm laws, and NFA items are generally prohibited. Some items, like suppressors or short-barreled rifles (SBRs), may be allowed in rare cases for law enforcement or specific individuals with permits.

            Conditions

• • Dangerous Weapons Permit: Possession of machine guns, short-barreled rifles, short-barreled shotguns, and destructive devices requires a "Dangerous Weapons Permit" issued by the California Department of Justice. However, these permits are rarely granted and are typically reserved for specific purposes, such as law enforcement or certain film industry applications.
  • Curios and Relics (C&R): Some NFA items, like certain short-barreled rifles and shotguns, may be obtained with a C&R Federal Firearms License (FFL) if they are designated as curios and relics.

Colorado

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Some cities or counties may impose regulations that limit where NFA items can be used or restrict certain types of firearms.

Connecticut

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Connecticut requires additional permits and may impose restrictions on certain NFA items, such as suppressors or short-barreled rifles, although ownership is permitted. Cities and towns may have ordinances regulating the carrying, use, and storage of firearms and NFA items, with additional requirements for registration or permits.

Conditions

• • Assault Weapons Provisions: Owners must comply with Connecticut's assault weapons provisions unless they obtained their items before October 1, 1993.
  • Machine Guns: Non-selective fire machine guns may be transferred to another resident within Connecticut. They are legal to own if purchased and registered with the state before January 1, 2014.

Delaware

• Permitted: SBRs and AOWs
• Forbidden: Machine Guns, Short-Barreled Shotguns (SBSs) Suppressors (Silencers), Destructive Devices (DDs)
• Caveat: Some municipalities, such as Wilmington, may have additional restrictions on NFA items.

Florida

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Florida generally supports NFA ownership, but local restrictions may apply. Some cities or counties may impose restrictions on NFA items such as suppressors or short-barreled rifles. While Florida law permits the ownership of suppressors, hunting with a suppressor is illegal.

Georgia

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Federal law governs NFA item ownership, and local municipalities may impose additional restrictions.

Hawaii

• Permitted: Destructive Devices (DDs) and Any Other Weapons (AOWs)
• Forbidden: SBSs, SBRs, Suppressors, Machine Guns
• Caveat: Hawaii has extremely restrictive laws on firearms and NFA items, with very few exceptions.

       Conditions

• • State and county law enforcement officers who are not convicted of an offense involving abuse of a family or household member under HRS §709-906 can own and possess silencers, machine guns, short-barreled shotguns (SBS), and short-barreled rifles (SBR).
  • All firearms in Hawaii must be registered with the county police department within five days of acquisition.

Idaho

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Idaho is permissive regarding NFA items, as long as federal regulations are adhered to.

Illinois

• Permitted: SBRs, Any Other Weapons, Destructive Devices
• Forbidden: SBSs, Suppressors, Machine Guns
• Caveat: Illinois has strict gun laws and NFA items are allowed only with adherence to both state and federal laws. However, certain NFA items are harder to obtain due to state-specific regulations.

Conditions

• • Curio and Relics License: To own an SBR in Illinois, you must possess a Curio and Relics license.
  • State Approval: For AOWs and DDs, obtaining proper federal licensing is necessary, and state approval may be required.

Indiana

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Local municipalities may impose additional regulations, but state laws are generally favorable.

Iowa

• Permitted: SBSs, SBRs, Suppressors 
• Forbidden: Machine Guns, Destructive Devices, Any Other Weapons
• Notes: Iowa law prohibits local governments from enacting ordinances that regulate the ownership, possession, carrying, transfer, transportation, or modification of firearms, firearm attachments, or other weapons when such ownership, possession, carrying, transfer, transportation, or modification is otherwise lawful under state law.

Kansas

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Kansas generally supports NFA item ownership but requires compliance with federal regulations.

Kentucky

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Kentucky is very supportive of NFA ownership; local ordinances may affect certain counties.

Louisiana

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Must comply with both federal and state regulations, and local ordinances may impose restrictions.

Maine

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: State laws are generally favorable, but federal compliance is still mandatory.

Maryland

Most NFA firearms in Maryland are legal to own, provided they do not fall under the state's definition of an "assault weapon”.

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Maryland defines certain firearms as "assault weapons" based on features such as folding stocks, grenade/flare launchers, and flash suppressors. Possession of these firearms is illegal unless owned before October 1, 2013, or received through inheritance from a lawful possessor.
  • Registration Requirement: Machine guns must be registered with the Maryland State Police within 48 hours of taking possession. 

 

Massachusetts

• Permitted: Destructive Devices (DDs), SBSs, SBRs, Machine Guns
• Forbidden: Suppressors
• Caveat: Many NFA items require approval from the Massachusetts Executive Office of Public Safety and Security (EOPSS) before transfer.

        Conditions

• • Destructive Devices: While some are legal to own, others are banned at the state or local level.
  • Machine Guns: A machine gun license is required to possess a machine gun.
  • Suppressors: Massachusetts law only allows a few distinct groups, such as federally licensed manufacturers and police departments, to possess suppressors.

Michigan

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Michigan law allows NFA items with federal compliance; local ordinances may impose restrictions.

        Conditions

• • All guns shorter than 26 inches in the shortest usable condition (including SBS, SBR, AOW, handguns, firearms, and machine guns) must be registered as pistols with the police.

Minnesota

• Permitted: SBRs, Suppressors, Destructive Devices, and AOWs
• Forbidden: 
  • Machine Guns: Ownership is prohibited unless designated as Curios & Relics.
  • Short-Barreled Shotguns (SBSs): Prohibited, unless designated as Curios & Relics.
• Caveat: Federal compliance is required, but state law is generally favorable.

       Conditions

• • Curios & Relics Designation: Machine guns and short-barreled shotguns are prohibited unless they are designated as Curios & Relics by the Bureau of Criminal Apprehension.
  • Destructive Devices: Some destructive devices are prohibited under state law.

Mississippi

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Mississippi is permissive with NFA items as long as they comply with federal regulations.

Missouri

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Missouri is supportive of NFA item ownership with compliance to both federal and state laws.

Montana

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Montana is permissive and has a favorable stance toward NFA ownership; local laws may vary.

Nebraska

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Compliance with federal law is required, but state law generally supports NFA item ownership.

Nevada

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Nevada is permissive regarding NFA items, though local ordinances may impose restrictions. Urban areas like Las Vegas may impose additional restrictions on where or how NFA items can be used or stored.

New Hampshire

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: New Hampshire generally allows NFA items with compliance to federal regulations and may have minor local restrictions.

New Jersey

• Permitted: 
  • Machine Guns: Ownership is technically legal but requires registration with the state police and a permit granted by the state. These permits are rarely granted to civilians.
  • Any Other Weapons (AOWs)
• Forbidden: SBSs, SBRs, Suppressors, Destructive Devices
• Caveat: New Jersey has highly restrictive firearm laws, and NFA items are generally prohibited. There are very limited exceptions, primarily for law enforcement or specific registered firearms.

New Mexico

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: New Mexico is generally permissive with NFA items as long as federal and state laws are adhered to.

New York

• Permitted: 
  • Destructive Devices (DDs): Ownership is permitted, with the exception of rockets containing more than 3 ounces of propellant, which are prohibited.
  • Any Other Weapons (AOWs): Ownership is legal; however, AOWs must be registered on a pistol permit. Additionally, AOWs disguised as non-firearms are illegal. 
• Forbidden: SBSs, SBRs, Suppressors, Machine Guns
• Caveat: New York has highly restrictive firearm laws. NFA items are generally prohibited except for specific cases involving law enforcement or historical relics.

 

North Carolina

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: North Carolina allows NFA items with federal compliance. Local restrictions may apply in certain municipalities.

North Dakota

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: NFA items are allowed with compliance to both state and federal regulations. The state is generally permissive.

Ohio

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Ohio permits NFA items as long as they comply with federal laws, though some local ordinances may impose restrictions.

Oklahoma

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Oklahoma supports NFA ownership, but federal compliance is required, and some local laws may apply.

Oregon

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Oregon is permissive regarding NFA items, but there are some local ordinances that may impose additional regulations.

Pennsylvania

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: NFA items are allowed with federal compliance, and while state laws are generally favorable, some local regulations may affect ownership.

       Conditions

• • Machine guns must be registered with the state police within 48 hours of taking possession.
  • Short-Barreled Rifles (SBRs): Ownership is legal, but the overall length must be greater than 29 inches unless the SBR was possessed and made before October 1, 2013.

Rhode Island

• Permitted: None
• Forbidden: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Caveat: Rhode Island has restrictive firearm laws with a near-total prohibition on NFA items. Ownership is allowed only under very specific conditions, such as law enforcement exceptions.

South Carolina

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: South Carolina supports NFA item ownership, but local laws may impose specific regulations.

South Dakota

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: South Dakota has favorable laws for NFA items, and ownership must comply with both state and federal laws.

Tennessee

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Tennessee generally allows NFA items with compliance to federal law and local regulations.

Texas

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Texas is permissive toward NFA items, and there are no major state-level restrictions. Local ordinances may impose limitations.

Utah

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Utah allows NFA items with federal compliance, and while state law is supportive, some local restrictions may apply.

Vermont

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Vermont is generally permissive regarding NFA items, and there are no significant state-level restrictions beyond federal requirements.
  • Suppressors: Legal to possess and use for target shooting, home defense, hunting, or any other legal use.
  • Short-Barreled Rifles and Shotguns: Legal to possess and use if registered properly with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
  • Machine Guns: Legal to possess and use if registered properly with the ATF. 

Virginia

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: Virginia allows ownership of NFA items with compliance to both federal and state regulations. Local jurisdictions, particularly in larger cities, may require additional permits or impose restrictions on where NFA items can be used.

       Conditions

• • Fully-automatic firearms (machine guns) must be registered with the state police. Plastic firearms and certain destructive devices, such as the Striker 12 shotgun, are prohibited outside law enforcement.

Washington

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: While Washington state allows NFA items, some local ordinances, especially in urban areas like Seattle, may impose additional regulations. Seattle, Tacoma, and other cities may have stricter laws regarding where NFA items can be possessed, transported, or used. This may include restrictions on where suppressors can be used or additional permits required for ownership.

       Conditions

• • Machine guns and short-barreled shotguns, unless purchased before July 1, 1994, are illegal for non-law-enforcement possession.

West Virginia

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Caveat: West Virginia supports NFA ownership with compliance to federal and state regulations, and local laws may apply.

Wisconsin

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Conditions: Wisconsin allows NFA items with federal compliance. Some local ordinances may have additional restrictions. 
  • Short-Barreled Rifles and Shotguns: Generally legal to own. However, machine guns are prohibited unless designated as Curios & Relics.
  • Suppressors: Legal to possess for individuals who have complied with federal licensing and registration requirements under 26 USC 5801 to 5872.
  • Machine Guns: Legal to own, but machine guns adapted to use pistol cartridges are not permitted. 

Wyoming

• Permitted: SBSs, SBRs, Suppressors, Machine Guns, Destructive Devices
• Forbidden: None
• Conditions: Wyoming is generally favorable toward NFA items, as long as they comply with federal law. There are few local restrictions, i.e., 
  • Suppressors: While legal to own and use, using a suppressor to hunt big or trophy game is prohibited. Additionally, using a suppressor while committing other game or hunting violations incurs additional charges.
  • Machine Guns: Hunting with a machine gun or fully automatic weapon is prohibited.

Important Considerations for NFA Firearms Ownership

1. Know Your Local Laws: Each state has unique regulations. Research and consult legal resources or professionals.
2. Federal Compliance: Even in permissive states, federal laws and ATF procedures must be followed.
3. Transporting NFA Items: When traveling with NFA firearms, always ensure compliance with state and federal transportation laws.
4. Trusts and Corporations: NFA items can be registered under a trust or corporation to simplify ownership and transfer processes.

Resources for NFA Firearms Owners

• ATF’s NFA Handbook: Comprehensive guidance on compliance.
• State-Specific Firearm Associations: Local organizations often provide updates on changing laws.
• Legal Counsel: Consult a firearm attorney to ensure full compliance.

 

The Bottom Line

Understanding the legality of National Firearms Act (NFA) items across different states is crucial for responsible firearm ownership. While federal law sets the baseline, individual states have the authority to impose additional regulations or restrictions. Some states permit the ownership of all NFA items, including machine guns, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), suppressors, and destructive devices, provided they comply with federal registration and taxation requirements. Conversely, other states may prohibit certain NFA items entirely or impose stringent conditions on their ownership.

For instance, in California, while some NFA items like suppressors and SBRs may be obtained with a "Dangerous Weapons Permit," such permits are rarely granted. Additionally, certain destructive devices (DDs) and SBRs/SBSs on the Curios and Relics (C&R) list may be obtained with a C&R Federal Firearms License (FFL).

In contrast, states like Colorado and Louisiana have more permissive laws, allowing the ownership of all NFA items without additional state-level restrictions.

Given the complexity and variability of state laws regarding NFA items, it's imperative for firearm owners to thoroughly research and understand both federal and state regulations before acquiring such items. Consulting with legal experts or local law enforcement can provide clarity and ensure compliance with all applicable laws.

By staying informed and adhering to legal requirements, responsible firearm owners can enjoy their collections while upholding public safety and the rule of law.

Disclaimer:
The information provided in this blog post is accurate as of the date of publishing. Please note that firearm laws and regulations are subject to change. We recommend consulting with local authorities or legal experts for the most current information. Cedar Mill Fine Firearms is not liable for any inaccuracies or legal issues arising from outdated information.