An NFA firearm removed from the NFA as a collector’s item is no longer subject to any of the
provisions of the NFA. In most cases, the weapon will still be a firearm as defined in the GCA and
subject to regulation under the GCA. In some situations, the weapon that is removed from the NFA as a
collector’s item will be an antique firearm as defined in the GCA.
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In these instances, the weapon
would no longer be a firearm as defined in Federal law.
The Attorney General does not have the authority to remove a machinegun or a destructive device from
the provisions of the NFA as collector’s items.
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Therefore, applications to remove machineguns or
destructive devices from the NFA as collector’s items cannot be approved.
Section 2.5 Removal of firearms from the scope of the NFA by modification/elimination of
components.
Firearms, except machineguns and silencers, that are subject to the NFA fall within the various
definitions due to specific features. If the particular feature that causes a firearm to be regulated by the
NFA is eliminated or modified, the resulting weapon is no longer an NFA weapon.
For example, a shotgun with a barrel length of 15 inches is an NFA weapon. If the 15- inch barrel is
removed and disposed of, the remaining firearm is not subject to the NFA because it has no barrel.
Likewise, if the 15 inch barrel is modified by permanently attaching an extension such that the barrel
length is at least 18 inches and the overall length of the weapon is at least 26 inches, the modified
firearm is not subject to the NFA. NOTE: an acceptable method for permanently installing a barrel
extension is by gas or electric steel seam welding or the use of high temperature silver solder having a
flow point of 1100 degrees Fahrenheit.
A shot pistol (“any other weapon”) such as an H&R Handy Gun may be removed from the NFA by
either disposing of the smooth bore barrel or permanently installing a rifled sleeve chambered to accept
a standard pistol cartridge into the smooth bore barrel. Modified by sleeving the barrel, an H&R Handy
Gun is no longer an NFA weapon because it now has a rifled bore.
Large caliber destructive devices that are not also machineguns can be removed from the NFA by
disposing of the barrel. If the barrel of a 37mm cannon is removed and disposed of, the remaining
weapon has no barrel or bore diameter. As an alternative, the barrel of a destructive device may be
functionally destroyed. To destroy the barrel of a destructive device the following operations must be
performed:
• Cut a hole, equal to the diameter of the bore, on a 90-degree angle to the axis of the bore,
through one side of the barrel in the high pressure (chamber) area.
• Weld the barrel to the receiver of the weapon.
• Weld an obstruction into the barrel to prevent the introduction of a round of ammunition.
2.5.1 Removal of machineguns and silencers from the scope of the NFA. Machineguns are defined
to include the receiver of a machinegun and the definition of silencer includes each component of a
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18 U.S.C. 921(a)(16)
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26 U.S.C. 5845(a)
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