If you’re considering building an NFA firearm or part including, but not limited to, a short barreled rifle (SBR) or suppressor, you might be aware it involves an ATF Form 1. It’s the form that received even greater attention than normal in 2023 with the ATF decision that AR pistols are no longer legal without being registered with a Form 1. If you’ve been wondering what the Form 1 is and how to fill it out, we’re here to help. Consider this your primer on the basics of the ATF Form 1.
Remember: This article is only for informational purposes and should not be considered as legal advice. Consult a qualified attorney with all legal questions.
What is the ATF Form 1?
The ATF Form 1 is the Application to Make and Register a Firearm (ATF Form 5320.1). As the ATF themselves put it, “This form is to request approval to make a NFA firearm. A making tax liability may be incurred.”
At the time of this writing, it is a 13-page document that can be downloaded via the ATF’s website or submitted online as an e-form. It can be a confusing form and, in fact, as of 2021, approximately 40% of all Form 1 submissions were being denied. The ATF does supply guides online, but even those aren’t simple. For example, their guide for the pistol brace rule change, Final Rule 2021R-08F, is 17 pages long and quite involved.
It’s never a bad idea to consult a qualified attorney or get help from an authorized dealer with your paperwork. One error will result in your form being denied, and then the entire process has to restart.
What do I need to fill out ATF Form 1?
In addition to the ATF Form 1 itself, you’ll need a few other things to submit the paperwork. If you’re filing as an individual, you’ll need:
- ATF Form 1 (5320.1) Application to Make and Register a Firearm
- Passport-style photos (two)
- FBI FD-258 fingerprint card (two)
If you’re filing as a gun trust or corporation, you’ll need:
- ATF Form 1 (5320.1) Application to Make and Register a Firearm
- ATF 5320.23 (one for every responsible party included in the paperwork)
- Passport-style photo (one for every responsible party included in the paperwork)
- FBI FD-258 fingerprint card (two for every responsible party included in the paperwork)
- Copy of notarized gun trust or other related legal entity paperwork
Do I need a tax stamp for the ATF Form 1?
Yes, you are required to obtain and pay for the $200 tax stamp for the ATF Form 1. It’s also possible to need more than one tax stamp. For example, if you’re building an SBR (short barreled rifle) or SBS (short barreled shotgun) with a suppressor, you’ll need a tax stamp for the shortened barrel and another tax stamp for the suppressor.
The exception to paying the $200 tax stamp fee only comes if the ATF grants temporary amnesty. This was done for a 120-day period, beginning January 31, 2023, for people filling out the Form 1 to register their pistol-braced pistols (after the Final Rule 2021R-08F mentioned above). This amnesty period did not apply to all Form 1s, only to those specific to the registration of firearms with pistol braces.
Note: The $200 price tag attached to each tax stamp is non-negotiable. It’s set by the federal government and there’s no such thing as a deal or sale on tax stamps. As mentioned above, only the federal government can change the price. Every authorized dealer you go through will include the same flat $200 fee for the tax stamp.
What information is on the ATF Form 1?
Because the ATF Form is more than a dozen pages long, it’s impossible to list each and every question here. But to give you a general idea of the information you’ll be supplying for your Form 1 firearm or destructive device, we’ve compiled a partial list:
- Name, address, phone number
- Detailed description of firearm including manufacturer, model, caliber, serial number, and more
- Maker’s questions when applying as an individual, which are similar to questions on Form 4473, such as:
- Do you intend to make any firearm listed on this form for sale or other disposition to any person described in
questions 11.c through 11.l, or a person described in question 11.m who does not fall under an exception? - Are you a fugitive from justice?
- Have you ever been convicted in any court of a misdemeanor crime of domestic violence? (See definition 1.R)
- Have you ever renounced your United States citizenship?
- Do you intend to make any firearm listed on this form for sale or other disposition to any person described in
- Payment method, including:
- Whether it’s a check, cashier’s check, money order, VISA, Mastercard, American Express, Discover, or Diner’s Club
- Name of person on the card
- Card number
- Billing address
Copies of the Form 1 go to multiple entities/locations including the ATF themselves, the registrant, and the CLEO (Chief Law Enforcement Officer).
What’s the waiting period for the ATF Form 1?
The wait time for an answer varies depending on the circumstances. Generally speaking, the Form 1 has the shortest wait time of most ATF forms, falling around 30 days. However, certain things change that. For example, the rush of people registering pistol braced pistols stretched out the wait time from between 60 days to several months.
Do I need a Form 1 and a Form 4?
The ATF Form 1 and Form 4 are two different things. The former is for making NFA firearms and devices and the latter applies to those items that are made by a manufacturer. To make an NFA firearm or device yourself, it’s the Form 1 you need.
Can I get help with it?
Yes, there are both attorneys and authorized dealers that are capable of assisting you with the process. In fact, some dealers even have online services that take care of the heavy lifting for you. There are quite a few options out there to simplify what is an admittedly confusing process. Because of the chance of confusion and the fact that the form will be denied for what might seem to be a simple, single error, we recommend consulting a qualified person to help you if you have any questions.
