Nfa Items | North Dakota Concealed Carry

North Dakota NFA Items - Suppressors, Machine Guns, SBRs, and More

North Dakota permits civilian possession of all federally regulated National Firearms Act (NFA) items, provided the possessor complies with federal NFA requirements. The state imposes no additional restrictions beyond what federal law requires.

What the NFA Covers

The National Firearms Act of 1934 (26 U.S.C. Chapter 53) regulates the following categories of firearms and accessories:

ATF regulations implementing the NFA appear at 27 C.F.R. Part 479.

North Dakota Position

ND does not have a state-level NFA registry or licensing requirement. Civilian possession of NFA items is permitted under state law when the possessor is in compliance with federal law. The state imposes no:

• State NFA tax stamp requirement.
• State NFA registration.
• State permit to possess NFA items.
• State ban on any specific NFA category.

Acquisition Process

A North Dakota resident wishing to acquire an NFA item must:

1. Identify a Class 3 (SOT) FFL in North Dakota or in a state that ships NFA items to ND. The FFL transfers the item via ATF Form 4 (transfer to non-licensee) or Form 3 (transfer between SOT dealers).
2. Submit ATF Form 4 for transfer to the individual (or trust). The Form 4 requires:
   • Identifying information for the transferee (and trust trustees if applicable).
   • Two passport-style photographs (per applicant for trusts).
   • FBI fingerprint cards (FD-258) per applicant.
   • $200 (or $5 for AOW) tax payment.
   • Chief Law Enforcement Officer (CLEO) notification (not approval). The 41F rule (effective 2016) replaced CLEO approval with CLEO notification.
3. Wait for ATF approval. Processing times have historically ranged from 4 to 12+ months for individual Form 4 transfers. Verify current ATF processing times.
4. Take possession at the FFL upon receiving the approved Form 4 with affixed tax stamp.

Trust vs. Individual Ownership

NFA items may be acquired and held by:

• An individual (single transferee on Form 4).
• A revocable living trust ("NFA trust" or "gun trust").
• A corporation, LLC, or other legal entity.

A trust allows multiple persons (trustees) to lawfully possess and use the NFA item without each having their own approved transfer. Each trustee is, however, subject to federal background checks and the 41F fingerprinting/photo requirements. A trust must be properly drafted to comply with ATF requirements; consult an attorney specializing in NFA trusts.

Specific Items

Suppressors / silencers:

• Permitted in ND. No state restrictions.
• Hunting with a suppressor is permitted under ND game and fish regulations. Verify current Game and Fish rules.
• Tactical use, self-defense use, target shooting, and personal collection all permitted.
• The federal $200 tax stamp is a one-time fee per transfer.

Machine guns:

• Permitted in ND for civilians who acquire a pre-May 19, 1986 machine gun (a "transferable" machine gun under the Hughes Amendment to FOPA 1986).
• Post-1986 machine guns are restricted to Class 3 SOT dealers, law enforcement, and military.
• Transferable machine gun prices are very high due to the closed registry.

Short-barreled rifles (SBR) and short-barreled shotguns (SBS):

• Permitted in ND under the NFA Form 4 process.
• A pistol with an attached brace is a contested category subject to ATF rulemaking. The ATF "stabilizing brace" rule (Final Rule 2021R-08F, January 2023) reclassified certain braced pistols as SBRs requiring NFA registration. This rule has been the subject of ongoing litigation. Verify current legal status before acquiring or reconfiguring a braced pistol.

Destructive devices:

• Permitted in ND under federal rules. Includes grenades and certain large-bore firearms.
• Rarely acquired by civilians; primarily of interest to historical-firearm collectors.

Any Other Weapon (AOW):

• $5 tax stamp (rather than $200).
• Includes certain concealable items, smooth-bore handguns, pen guns, and similar.

NFA Items and Carry

A North Dakota CWL does not automatically authorize concealed carry of an NFA item that does not fit the "concealed pistol" definition. Specifically:

• A suppressor attached to a handgun does not change the analysis; carry follows handgun rules.
• A short-barreled rifle is a rifle, not a handgun, and is not normally suited to concealed carry.
• A machine gun handgun (e.g., select-fire pistol) is a handgun for carry purposes but raises practical and legal concerns.

Carry of an NFA item must comply with state and federal carry rules and with the conditions of the ATF Form 4 transfer.

Interstate Transportation of NFA Items

• Suppressors and AOW: May be transported across state lines without ATF approval, provided the destination state permits the item. Carry the approved Form 4 during transportation.
• Machine guns, SBRs, SBSs, destructive devices: Require ATF Form 5320.20 approval in advance of interstate transportation. The form identifies the item, the route, and the dates of travel.

NFA Items and Estate Transfer

When the registered owner of an NFA item dies:

• For individual ownership, the executor of the estate may transfer the item to a lawful heir via ATF Form 5 (tax-free transfer). The heir must meet federal possession requirements.
• For trust ownership, the trust's terms control. Successor trustees take over without an ATF transfer.

Pending Form 5 approval, the item must be stored where the estate beneficiaries cannot access it (typically with the executor or in storage). Improper handling can support unlawful-possession charges.

Restrictions Despite Federal Compliance

Even with full NFA compliance, the possessor remains subject to:

• Federal prohibited-person restrictions under 18 U.S.C. 922(g). A prohibited person cannot lawfully possess any firearm, including an NFA item.
• ND prohibited-place rules (schools, posted public buildings, etc.).
• Federal facility restrictions under 18 U.S.C. 930.
• Conditions on the Form 4 approval.

Pending Federal Legislative Changes

Several federal proposals affect NFA items:

• Hearing Protection Act (recurring proposal) would remove suppressors from the NFA.
• The 2023-2024 budget reconciliation package included a reduction of the suppressor tax to $0, with some uncertainty about ultimate enactment - verify current law.
• Litigation over the pistol brace rule is ongoing.
• The bump stock ban (under ATF's 2018 final rule) was struck down by the Supreme Court in Garland v. Cargill, 144 S. Ct. 1613 (2024), but legislative responses remain in flux.

Always verify current federal law before acquiring or modifying NFA items.

Practical Acquisition Tips

• Work with an experienced Class 3 SOT dealer in or shipping to North Dakota.
• Consider an NFA trust for items shared across family members.
• Allow 6-12+ months for Form 4 processing.
• Keep approved Form 4s with the items at all times.
• For interstate travel with machine guns, SBRs, SBSs, or destructive devices, submit Form 5320.20 well in advance.

Statutory References

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This is general information about NFA items, not legal advice. NFA compliance is highly technical. Consult counsel and an experienced Class 3 dealer before any acquisition or modification.