In general the National Firearms Association (NFA) is a U.S. organization that represents firearms dealers and consumers, with an emphasis on keeping firearms commerce regulated. Interestingly enough, the NFA also represents state firearm regulation agencies. The National Firearms Association is very proactive about ensuring the implementation of all federal firearm laws and has been instrumental in promoting state laws pertaining to firearms regulation. Because the association is directly responsible for the regulation and enforcement of firearm sales within each state it naturally has a lot of political clout.
As part of its efforts to be proactive about what are NFA firearms, the organization has been actively pursuing legislation concerning gun trusts. A gun trust is basically a legal document that names a third party (the gun trust owner) as the receiver of any gun that comes into the hands of the person or group of persons who are designated as receiver. Many states have gun trusts, but the NFA prefers to see states develop their own gun trusts in line with their own delegated formats and requirements. For instance, in Georgia there is a separate gun trust form that has to be filled out and furnished by the Georgia Department of Public Safety, whereas in other states such as Pennsylvania no specific form is required.
For some reason, the NFA has tended to view gun trusts as an infringement on Second Amendment rights. For instance, if people can establish a Gun Trust solely for the purpose of buying NFA firearms, then they cannot do so should they wish to transfer those firearms to any other person. The problem with this, as we understand from the work of constitutional scholars, is that establishing a Gun Trust does not infringe on any right of any person. What is important is that persons who are prohibited from having firearms under any circumstances, including felons, and others who are mentally incompetent, should be prohibited from obtaining a firearm through a Gun Trust, and that those persons should be prevented from being placed in a position that would give them access to a firearm.
As we’ve seen, Gun-Wants are required to fill out an application that asks for a myriad of pieces of information. Among those asked to supply certain pieces of information are the name and address of the person seeking the firearm and their social-security number. It is also required that the transferee provide the name, address, date of birth and Social-Security number of someone who will be making the purchase from him (the Gun Owner). The reason why these pieces of information are asked is that the government is attempting to match the name and address on the application with someone who will be purchasing the firearm and the number is used to track the owner down should the firearm get lost or stolen.
For all of the reasons discussed above, the ultimate goal of a gun trust is to prevent easy access to firearms by criminals and others who are prohibited from owning firearms under the law. In this regard, it is important that the transferee does not attempt to circumvent the system by lying about his background. The simple truth is that most states require the transferee to disclose his complete medical history to the gun trust itself before he can proceed. For those individuals who are interested in obtaining firearm machine guns for sport rather than crime, it is recommended that they seek the services of a licensed firearms dealer.
So what are NFA firearms? Quite simply, any firearm that is not strictly authorized by the United States Government and cannot be obtained through a licensed firearm transaction is considered an NFA firearm. All of the machine’s gun and pistol accessories that might be featured on an NFA firearm certificate have been manufactured and cannot be altered in any way. For example, the barrel must be made to accept the bullet designed for the particular machine gun or pistol being used, and the primer must always be used by the transferee in order to fire the gun. Finally, a completed gun trust must contain the appropriate paperwork, which will include a completed application, a background check, and a signed power of attorney for the transferor.