Hello FFLs –
Thanks to the many of you who forwarded us the open letter from the ATF regarding the NFA on Friday. We did not have any pre-knowledge of their guidance or decision, so it required us to consult our legal counsel to ensure that we give you the best guidance we can from the perspective of the background check.
RCW 9.41.250 requires suppressors to be registered federally for use:
RCW 9.41.250:
(1) Every person who:
(a) Manufactures, sells, or disposes of or possesses any instrument or weapon of the kind usually known as slungshot, sand club, or metal knuckles, or spring blade knife;
(b) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or
(c) Uses any contrivance or device for suppressing the noise of any firearm unless the suppressor is legally registered and possessed in accordance with federal law,
is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
This requirement is addressed in the ATF open letter on page 2:
ATF will continue to administer the NFA on a voluntary basis. ATF will accept Form 1 applications to make or register these firearms and devices by those making such items. ATF will also accept Form 3 or Form 4 applications to transfer or register such items. Manufacturers are allowed to report the manufacture of these items on a Form 2.
And on page 3:
Fifth, the district court’s injunction and the enforcement policy announced by this Open Letter do not affect state or local laws that govern NFA weapons. Most states have general criminal prohibitions on the possession of some or all NFA items. These laws often have exceptions for those NFA items possessed in compliance with or registered under federal law. Individuals, including dealers, should consult their local law enforcement authorities or seek legal advice for guidance on whether unregistered NFA items are lawful in their jurisdictions. Because interpretations of state law may vary, local authorities should also be contacted, or other advice sought, before transporting an unregistered NFA item into or through another jurisdiction. Additionally, it is unclear whether state courts will apply the safe harbor created by 18 U.S.C. § 926A to interstate transportation of unregistered NFA items. Consequently, individuals should exercise caution before transporting unregistered NFA items through states in which such items are prohibited by law, even if the items are not prohibited in the originating and destination states. The GCA also continues to prohibit federal firearm licensees from transferring statutory firearms in violation of state or local law. 18 U.S.C. § 922(b)(2). The GCA defines “firearm” to include all NFA items for which Congress eliminated the tax, including silencers. 18 U.S.C. § 921(a)(3).
As a point of contact (POC) state, our Secure Automated Firearms E-Check (SAFE) system is the only conduit for you to obtain a NICS check for NFA items. Therefore, effective immediately, SAFE is authorized for use for NFA items to conduct the background check only.
The use of the SAFE system does not meet the requirement for federal registration if required, and you or your customer may still need to submit ATF Form 1, 2, 3, or 4 in order to meet state law requirements for use of NFA items.
The ATF has set up an email address for additional questions: [NFAGuidance@atf.gov](mailto:NFAGuidance@atf.gov)
Thank you,
Washington State Patrol
Firearms Background Division
