The National Firearm Act ("NFA") regulates and taxes the
ownership of certain types of firearms including machine guns, suppressors,
short barrel rifles, short barrel shotguns, destructive devices, etc.
The ATF has an
online guide to the types of weapons that are regulated by it under the
NFA. The ATF also publishes an extensive book on the
National Firearms Act.
An individual may own a weapon
that is regulated under the NFA. Indeed, in Tennessee and in most
states these items are legal to own so long as you are in compliance with
federal law. (TCA 39-17-1302). Individuals, businesses, and
other legally recognized entities such as trusts are eligible to purchase
and own NFA firearms.
In order own a NFA weapon, the applicant must file an
application - a Form 4 if you are purchasing one or a Form 1 if you want to
make the ones that can be made - with the ATF. Typically, this form
requires that the individual applicant provide fingerprints, photographs and
a sign-off from the chief law enforcement officer. There is also a
transfer tax of $200 (in most instances).
Over time, problems have arisen
in Tennessee and in other states with the ATF's requirements that certain
paperwork be completed such as the law enforcement acknowledgement. In
order to address these problems, it is possible to acquire the firearm in
the name of a business or trust since at present the law enforcement
signoff, the fingerprint cards and the photographs are not required if an
"entity" rather than an individual is the owner (although ATF could change
that at any time).
The trust may be the best type of entity under Tennessee law. A
trust can be created under Tennessee law with minimal initial and ongoing
costs. Corporations, limited liability companies and other business
entities must be created by filing documents with the state and must be
maintained by filing annual reports. All of these also require filing
fees. A trust, under Tennessee law, is essentially a contract which
does not have to be filed publicly and there are no annual reports to file.