NFA Items and Form 4473: What Dealers Get Wrong

NFA transfers are more complex than standard firearm transfers, and that complexity extends to the Form 4473. Dealers who handle suppressors, short-barreled rifles, machine guns, and other NFA items need to understand how the 4473 requirements interact with the NFA paperwork — they are separate requirements and both must be met.

When a 4473 Is Required for NFA Items

A Form 4473 is required whenever a licensed dealer transfers an NFA item to an unlicensed individual. This is in addition to, not instead of, the NFA transfer paperwork (Form 4 for most transfers, Form 1 for items the buyer is making). The background check conducted through NICS via the 4473 is separate from the ATF approval of the NFA transfer itself.

The Timing Problem

One of the most common errors in NFA transfers is completing the Form 4473 at the wrong time. The 4473 should be completed at the time of transfer — when the buyer actually takes possession of the item. For NFA items that require ATF approval (Form 4 transfers), this means the 4473 is not completed until after the approved tax stamp is returned and the buyer comes in to pick up their item. Some dealers incorrectly complete the 4473 at the time of purchase or deposit, which is too early.

What Goes in the Firearm Description

NFA items require specific information in the firearm description section of the 4473. For suppressors, this means the manufacturer, model, caliber, and serial number. For SBRs and SBSs, it means the make, model, caliber, barrel length, and serial number. For machine guns, the same information applies. The NTN from the NICS check should be recorded as well.

Transfers to Trusts and Legal Entities

When an NFA item is transferred to a trust or other legal entity rather than an individual, the 4473 requirements change. A Form 4473 is completed by the responsible persons of the trust, but the transfer is technically to the trust — not to an individual. The firearm description section should reflect the legal entity as the transferee, and each responsible person of the trust who will possess the item must complete a Form 4473.

SOT Dealers: Additional Considerations

Special Occupational Taxpayers who deal in NFA items have additional record-keeping obligations beyond standard FFL requirements. SOT dealers maintaining a dealer sample collection, transferring items to other SOTs, or renting items for range use operate under rules that are distinct from standard retail transfers. Maintaining clear separation in records between SOT inventory and standard inventory, and between SOT transfers and standard transfers, is essential.

The Bound Book Entry

Every NFA item must also be entered in your A&D bound book as both an acquisition and, when transferred, a disposal. The bound book entry for an NFA item should include all the identifying information for the item including the NFA registration number. Cross-referencing the bound book disposal with the corresponding Form 4473 and NFA transfer paperwork creates a complete audit trail for each item.