26 U.S.C. § 5861 – Prohibited acts (National Firearms Act weapons)
This law lists the many illegal actions involving National Firearms Act (NFA) weapons, such as unregistered machine guns, silencers, short-barreled rifles, and destructive devices.
Section 5861 makes it a federal crime to handle or transfer certain highly regulated firearms in ways that violate the National Firearms Act (NFA). These include machine guns, short-barreled rifles and shotguns, silencers, destructive devices, and other weapons that require special registration and taxes.
What the law prohibits.
A person violates this statute if they knowingly do any of the following:
- Possess or receive an NFA weapon that is not registered in the National Firearms Registration and Transfer Record.
- Make, manufacture, or assemble an NFA weapon without approval from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
- Transfer or sell an NFA firearm without proper registration, paperwork, or tax stamps required by federal law.
- Import or transport NFA weapons illegally, including moving them across state lines without permission.
- Fail to pay required federal taxes on the making or transfer of NFA firearms.
- Possess NFA firearms with altered, removed, or fake serial numbers.
- Help, cause, or conspire to commit any of the above violations.
In short, the law makes it illegal to make, own, move, or transfer an NFA weapon unless every step complies with federal registration and tax rules.
Penalties.
Violations of § 5861 are federal felonies and can lead to:
- up to 10 years in federal prison,
- significant fines, and
- forfeiture of the firearm and related property.
If you’re under investigation for an NFA weapon offense, call (314) 900-HELP or contact our criminal defense attorneys for guidance.
