Ultimate Guide to NFA Regulations in 2025

The National Firearms Act (NFA) has changed significantly in 2025. Whether you're a gun owner or Federal Firearms Licensee (FFL), here's what you need to know about the latest updates:

• Key Changes in 2025:
  • The ATF has moved away from its "zero tolerance" policy, focusing on public safety and collaboration.
  • Faster processing times for electronic applications: 7-40 days, compared to over 270 days for paper filings.
  • The Hearing Protection Act (H.R.1) proposes removing suppressors from NFA regulation, eliminating taxes and registration for these items.
  • New roles like the Industry Partnership Advisor and Classification Board aim to improve communication with the firearms industry.
• Compliance Essentials:
  • Use Form 1 for manufacturing and Form 4 for transfers.
  • Pay the $200 tax stamp fee and verify your application promptly.
  • Follow federal and state rules for transporting NFA items across state lines using Form 5320.20.
  • Keep accurate records and secure your firearms properly.
• NFA Trusts:
  • Trusts allow shared ownership and succession planning but require all responsible persons to submit fingerprints and photographs.
  • Costs range from $50 for basic templates to $3,000 for multi-generational trusts.

Bottom Line: Staying compliant with NFA regulations in 2025 requires understanding the updates, using the ATF's streamlined processes, and keeping detailed records. Whether you're applying for a tax stamp, managing an NFA trust, or transporting firearms, staying informed is critical.

The NFA is being dismantled! What do you need to know?

NFA Compliance Requirements in 2025

Let’s take a closer look at the key compliance requirements for 2025 under the National Firearms Act (NFA). While federal agencies have simplified many processes with updated digital systems, staying aligned with ATF guidelines remains non-negotiable. Proper documentation and a clear understanding of these updates are essential for smooth compliance.

How to Register NFA Firearms: Form 1 vs. Form 4

The first step in NFA compliance is selecting the correct form. ATF Form 1 is for individuals manufacturing NFA-regulated items themselves, while ATF Form 4 is for transferring these items from a dealer to an individual or legal entity. The introduction of the electronic eForms system has made the application process much faster. For example, starting April 1, 2025, electronic Form 1 applications are processed in about 40 days. Similarly, eForm 4 submissions take an average of 7 days for individuals and 17 days for trusts. In comparison, paper filings take 45 days for Form 1 and over 270 days for Form 4 submissions.

Both forms require a $200 tax stamp fee, and all firearms regulated under the NFA fall under the jurisdiction of the National Firearms Act Division. Once you’ve submitted your application, verifying your tax stamp payment and keeping up with multi-state regulations are the next steps.

Tax Stamp Payments and Verification

After submitting your application, it’s critical to ensure prompt payment and verify your submission. Using the ATF’s electronic filing system allows you to monitor your application status online or by contacting the NFA Branch directly at (304) 616-4500. Double-checking the accuracy of your forms can save you from costly delays.

For those using gun trusts, there are added perks like shared ownership among trustees and estate planning benefits. Setting up a trust typically costs between $50 and $300. However, all responsible persons listed on the trust must provide photographs and fingerprints as part of the application. Once approved, keep your ATF Form 1 or Form 4 in a secure place - it serves as your proof of legal ownership.

Multi-State Compliance Requirements

If you plan to transport NFA firearms across state lines, you’ll need to navigate both federal and state regulations. Most NFA-regulated items - like short-barreled rifles, short-barreled shotguns, machine guns, and destructive devices - require prior ATF approval before interstate transportation. To comply, you must complete ATF Form 5320.20 (also called "Application to Transport Interstate or to Temporarily Export Certain National Firearms Act (NFA) Firearms") and receive approval beforehand. Suppressors and Any Other Weapons (AOWs), however, are exempt from this requirement.

Plan ahead, as moving an NFA firearm without ATF approval is prohibited. The ATF does offer extended transportation approvals for up to one year for those who frequently travel to the same destination. Federal Firearms License (FFL) holders are exempt from using Form 5320.20 for interstate transportation.

It’s also crucial to ensure your NFA firearm is permitted in every state you pass through or visit. Some states impose stricter rules or outright bans on certain NFA items. Even with ATF approval, transporting a firearm into a state where it’s prohibited is still illegal under state law. Doing thorough research ahead of time can save you from legal complications.

NFA Trust Management

Managing an NFA trust is a key part of lawful NFA firearm ownership. As discussed earlier, compliance with registration requirements is critical, but effective trust management is just as important. Setting up and maintaining an NFA trust requires careful planning. While the process has become more detailed since ATF Rule 41f was introduced, trusts still provide benefits like shared possession of NFA items and structured succession planning.

Setting Up an NFA Trust in 2025

To establish an NFA trust, you’ll need to take a few steps: consult an attorney, draft and notarize the trust document, secure an EIN (Employer Identification Number), transfer your NFA items into the trust, and submit ATF Form 4 for approval.

With the implementation of ATF Rule 41f, all responsible persons listed in the trust must now complete Form 5320.23. This includes submitting fingerprints and photographs, which were not previously required. Before Rule 41f, NFA trusts were often used to bypass the need for CLEO (Chief Law Enforcement Officer) sign-offs, fingerprints, and photos, but these advantages no longer apply. Now, each responsible person must submit Form 5320.23 and their fingerprints and photos, and send copies of the form and NFA application to the CLEO.

Costs for setting up an NFA trust vary widely. Online templates can cost as little as $59.95, while custom-drafted trusts may run several hundred dollars. Some NFA dealers even offer free trusts with firearm purchases. However, low-cost boilerplate trusts created by attorneys can provide a good balance of affordability and reliability. On the other hand, high-priced boilerplate trusts marketed with scare tactics are generally not worth the investment. Given the complexities of firearms law, professional guidance is highly recommended.

Succession Planning and Multi-Generational Trusts

One of the biggest advantages of an NFA trust is its role in succession planning. These trusts can be designed to benefit multiple generations, ensuring that children, grandchildren, and even future descendants can enjoy the protections offered by the trust. This is particularly relevant in a country where approximately 393 million guns are privately owned, and nearly one-third of U.S. adults report owning a firearm.

"A gun trust ensures the continuity of gun ownership beyond the original owner's lifetime. With it, you can plan for the use, maintenance, and eventual transfer of your valuable gun collection. Thus, you preserve and protect this as your legacy for future generations."

• Nikki Chi Team

Gun trusts not only help safeguard firearm ownership against potential regulatory changes but also simplify the transfer of assets to designated trustees. They allow multiple individuals to legally possess and use the firearms held in trust while avoiding probate, which can save on fees and protect privacy.

The cost of a trust reflects its complexity. A basic gun trust might cost around $650, whereas a Multi-Generational Asset Protection Gun Trust could cost upwards of $3,000. These higher-end trusts often include creditor protection, lawsuit safeguards, bankruptcy protection, and support for unlimited authorized users. They also provide comprehensive protection for beneficiaries against creditors.

Additionally, trusts enable you to appoint a trustee with expertise in firearms law. This trustee can guide beneficiaries and make adjustments to the trust as regulations evolve. Having someone knowledgeable in this role is especially valuable in a legal landscape that frequently changes.

To fully benefit from an NFA trust, maintaining accurate documentation and ensuring trustee oversight are essential.

Keeping Your Trust Compliant

Once your trust is set up and succession plans are in place, staying compliant is critical. This involves keeping detailed records of all NFA items and selecting trustees who are well-versed in current firearms regulations. Your documentation should include ATF forms, tax stamps, and any correspondence with federal or state agencies.

Choose trustees who are reliable and knowledgeable. Since all responsible persons must pass background checks and submit fingerprints and photographs, it’s important to select individuals who can meet these requirements.

Regular legal reviews are also essential. Laws governing firearm storage, transfer, and inheritance can vary by state and change over time. Consulting with a legal professional periodically ensures your trust remains compliant with the latest regulations.

Finally, co-trustees should be educated on their responsibilities. This includes understanding legal compliance, proper firearm storage, and lawful use. Missteps in any of these areas could jeopardize the trust.

Given the complexity of compliance, working with an attorney who specializes in firearms law is highly advisable. While setting up a trust may seem costly at first, the legal protections and peace of mind it offers are well worth it for dedicated NFA firearm owners.

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Owning and Using NFA Firearms

Once you’ve completed the registration process and set up any necessary trust management, the next step is understanding the rules for legally owning and using your NFA firearms. This includes knowing how to handle transportation, storage, and documentation to stay compliant with federal regulations. Let’s break it down.

Interstate Transportation Rules

If you plan to transport NFA firearms across state lines, certain rules apply. While suppressors and "Any Other Weapons" (AOWs) are exempt, other NFA items like short-barreled rifles (SBRs), short-barreled shotguns (SBSs), machine guns, and destructive devices require prior authorization from the ATF. This is done by submitting ATF Form 5320.20 (Application to Transport Interstate or to Temporarily Export Certain National Firearms Act Firearms).

Here’s what you need to know:

• Submit Form 5320.20: Include your personal details, a full description of the firearm, the reason for transport, destination address, travel dates, and a compliance certification. Use blue or black ink.
• Plan Ahead: Processing can take several weeks, so file your paperwork well in advance of your trip.
• Keep the Approved Form with You: Once the ATF approves your application, they’ll send you a stamped copy. This serves as your proof of authorization and must be carried during transport.

For those who frequently travel to the same location with their firearm, the ATF may approve a Form 20 for up to one year. If you’re permanently relocating your firearm, you must notify the ATF, regardless of the type of NFA item.

"This form is used to obtain permission to temporarily or permanently move your registered National Firearms Act (NFA) machine gun, short barreled rifle or shotgun, or destructive device interstate. Persons other than qualified federal firearms licensees (FFLs) or government agencies are required to obtain this permission."
– ATF

The ATF is also working on simplifying the application process, moving toward a notice-based system that could make interstate transport easier in the near future.

Secure Storage Requirements

Proper storage is another key aspect of NFA firearm ownership. While federal guidelines for individual owners are less specific than those for Federal Firearms Licensees (FFLs), secure storage is essential.

• FFL Security Measures: FFLs are required to implement robust security, including reinforced storefronts, alarm systems, surveillance cameras, and secure storage for both firearms and ammunition.
• Storage Options for Individual Owners: You can store NFA firearms in a safe deposit box within the state where they’re registered or lock them in a secure container, room, or safe at a trusted location. If storing firearms at someone else’s residence, ensure only you hold the key and leave copies of the registration form along with a letter authorizing storage.

For those using an NFA gun trust, you can designate a responsible party to store firearms temporarily. If no one else is listed on your trust, you can add someone to handle storage during times when you’re unavailable, such as during travel or deployment.

The bottom line? Keep your firearms secure and maintain full control over access, whether they’re stored in your personal safe, a bank safe deposit box, or another trusted location.

Documentation and Recordkeeping

Keeping accurate and accessible records is critical for NFA firearm owners. Proof of registration must be retained indefinitely as long as you possess the firearm. This includes documents such as Form 1 (for manufacturers), Form 2 (for importers or manufacturers), and Forms 3, 4, or 5 (for transferees).

Here’s a quick look at how long you should keep various records:

Record Type	Retention Period
Proof of Registration (Form 1, 2, 3, 4, 5)	Indefinitely (while possessing firearm)
Form 4473 and 4473(LV)	20 years from the date of sale
Form 4473 (NICS check initiated, sale not completed)	5 years
ATF Form 3310.4 & 3310.11	5 years

Make sure the information on your registration documents matches the firearm’s details, such as type, model, and serial number. If you notice any discrepancies, contact the Chief of the NFA Branch in writing to request corrections.

Keep these tips in mind:

• Organize Your Records: Store all registration documents, travel authorizations, and trust-related paperwork in a secure, accessible location.
• Stay Prepared for Inspections: The ATF may inspect your records, so ensure everything is up-to-date.
• Contact the ATF for Help: If you have questions or need assistance, reach out to the ATF at 304-616-4500 or via email at NFA@atf.gov.

Staying Compliant with NFA Regulations in 2025

Keeping up with NFA regulations requires ongoing attention and a proactive approach. As the ATF modernizes its processes and regulations shift, firearm owners must stay alert and adjust to these changes throughout their ownership journey. While precise recordkeeping and trust management are critical, everyday compliance practices play an equally important role.

Key Compliance Tips for Firearm Owners

Building on earlier discussions about registration and storage, these practical compliance tips address common issues and how to avoid them. The ATF reports that 40% of all Form 4 applications submitted to the NFA Division have errors or are incomplete, leading to significant delays in processing. Common mistakes include outdated forms, unsigned documents, missing Responsible Person Questionnaires, and unusable fingerprints.

To avoid these pitfalls, accurate documentation is your best defense. Carefully review and complete each ATF form, and consider having someone else double-check your work. For those manufacturing NFA firearms, ensure proper engraving that includes the correct name, city, state, and serial number. Double-check spelling and details before engraving, as fixing errors can be expensive.

Physical security and inventory management are equally crucial. Regularly reconcile your physical inventory with your records to ensure accuracy. If you discover theft or loss, report it to the ATF and local authorities within 48 hours. Additionally, notify the ATF immediately via email if any registration documents are lost.

When transporting NFA firearms across state lines, proper authorization is a must. Moving these firearms without an approved ATF Form 20 is a violation. Since processing this form can take weeks, plan ahead and always carry the approved authorization during transport.

Trust management also plays a key role in compliance. Keep your trust documents up to date, ensure all responsible parties understand their duties, and maintain a clear succession plan. Regularly consult with a qualified attorney to review trust documents and address potential issues before they escalate.

Resources to Stay Compliant

Beyond maintaining thorough documentation, leveraging reliable resources can help you stay on top of ATF standards. Keeping yourself informed about regulatory updates is essential for long-term compliance. The ATF has been working on transparency and modernization, so it's important to monitor official updates regularly.

Start with the ATF website for the latest regulations and rulings. Subscribing to industry newsletters and legal bulletins can also provide valuable insights into changes. As Wiley Law notes, "ATF's new policy initiatives highlight the agency's renewed focus on modernization, public safety, statutory fidelity, and maintenance of industry relationships".

Professional networks can offer additional expertise. Firearms attorneys specializing in NFA law can guide you through federal and state-specific requirements. Joining established firearms organizations can also provide expert analysis and legislative updates, helping you stay ahead of proposed changes.

Local resources are another valuable tool. Reputable local gun shops often have up-to-date information on regulations, though it's always a good idea to verify their advice against ATF guidelines.

When seeking regulatory advice, ask for specific references. Anyone providing guidance should be able to cite the exact ATF regulation or ruling that supports their advice. If you’re unsure, reach out to the ATF directly at 304-616-4500 or NFA@atf.gov with your questions.

Finally, establish a routine for reviews and backups. Conduct monthly checks of your records, organize all registration documents, travel authorizations, and trust paperwork, and store backup copies of critical documents in secure locations.

As the ATF continues to refine its processes and update outdated provisions, staying informed and keeping meticulous records will help you navigate changes and protect your investment in NFA firearms.

FAQs

What are the pros and cons of setting up an NFA trust in 2025?

Setting up an NFA trust in 2025 offers several perks, thanks to updated regulations. One major advantage is how it simplifies the transfer of NFA firearms. With a trust, multiple trustees can legally own and use items like suppressors and short-barreled rifles (SBRs) without needing individual applications. It also makes estate planning easier by bypassing probate, ensuring your firearms are passed on to heirs without unnecessary complications.

That said, there are a few hurdles to keep in mind. New ATF requirements now call for more detailed documentation to prove the trust complies with regulations, which can make the setup process a bit more involved. Plus, these trusts are mainly beneficial for NFA-regulated firearms and don't offer much value for non-NFA items. Weigh these pros and cons carefully to decide if an NFA trust is the right fit for your situation.

What would the Hearing Protection Act mean for suppressor owners and buyers?

The proposed Hearing Protection Act (HPA) could bring major changes to how suppressors are bought and owned. If passed, it would remove suppressors from the National Firearms Act (NFA). This means the $200 tax stamp would no longer be required, and the lengthy federal transfer process would be replaced with a standard background check - just like purchasing a regular firearm.

The goal of this legislation is to make suppressors more accessible and affordable for responsible gun owners, offering a practical way to better protect their hearing. For now, though, all current NFA rules for suppressors still apply until the HPA is officially enacted.

What do I need to do to legally transport NFA firearms across state lines under the updated 2025 regulations?

To legally transport NFA firearms across state lines under the 2025 regulations, you need to submit ATF Form 20 (Application to Transport NFA Firearms) to the ATF and get their approval before moving the firearm. This step is mandatory unless specific exemptions apply. During transport, always carry the approved form along with documentation showing the firearm is registered in your name.

It’s also essential to check for state-specific laws related to NFA items, as some states may have stricter rules than federal regulations. By planning ahead and double-checking both federal and state requirements, you can avoid legal complications and ensure everything goes smoothly.