ATF Definition Approval of Application / Disapproval of Application

Approval of Application.  Upon approval of an application, the NFA Branch will affix the NFA tax stamp (if any) to the application, cancel it, and return the approved copy to the maker.  The approval of the application effectuates registration of the firearm to the maker; however, the firearm must not be made until the applicant has been approved. 4. Withdrawal of Application. The application may be withdrawn prior to approval by submission of a written request to the Chief, NFA Branch, 244 Needy Road, Martinsburg, WV 25405 from the maker.  The NFA Branch will arrange for a refund of any tax paid

Cancellation of Approved Application. An approved application may be cancelled only if the firearm had not been made or modified. The maker must return the approved application with original tax stamp affixed with a written request for cancellation, citing the need and that the making of the firearm did not take place. The NFA Branch will arrange for a refund of any tax paid. 6.

Disapproval of Application. If the application is disapproved, the NFA Branch will note the reason for disapproval on the application and return one copy to the maker. The NFA Branch will arrange for a refund of any tax paid. 7. Reasons for Disapproval. 26 U.S.C. § 5822 provides that applications shall be denied if the making or possession of the firearm would place the maker in violation of law. a. Violation of Law. Applications shall be denied if the making or possession of the firearm would place the person making the firearm in violation of law.

Machineguns.  18 U.S.C. § 922(o) provides that a machinegun may be made only for government use or export. An application will be denied unless the making meets these criteria. c. Persons Prohibited from Making a Firearm.  The application will be disapproved if the maker is a person prohibited from possessing a firearm.  For information regarding persons prohibited from possessing a firearm, refer to definitions 1n through 1t.

Inquiries.  Information relating to the NFA and other firearms laws is available at the ATF Internet website at  Any inquiry relating to the status of an application to transfer an NFA firearm or about procedures in general should be directed to the NFA Branch at (304) 616-4500.  Please be aware that any dissemination by ATF of information relating to the application to register an NFA firearm must conform with the restrictions in 26 U.S.C. § 6103. 9. Penalties. Any person who violates or fails to comply with any of the requirements of the NFA shall, upon conviction, be fined not more than $10,000 or be imprisoned for not more than 10 years, or both. Any firearm involved in a violation of the NFA shall be subject to seizure and forfeiture. It is unlawful for any person to make or cause the making of a false entry on any application or record required by the NFA knowing such entry to be false. 10. Compliance with the Gun Control Act.  Person must also comply with all relevant portions of the GCA.

Excerpt taken from the ATF 5320.1 - ATF Form 1

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