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ATF FORM 1 PROCESS / TERMINOLOGY

ATF Form 1 Making Process / Terminology

Terminology

ATF Form Name: ATF 5320.1 Application to Make and Register a Firearm

Commonly Referred to as: ATF Form 1

Purpose of ATF 5320.1: The ATF 5320.1 form is used to make or manufacture a National Firearms Act [NFA] Firearm. This includes the ability to alter the configuration of an existing firearm, to manufacture a NFA firearm yourself or to purchase an already made or manufactured NFA firearm that meets the requirements in the NFA firearms list below. When you are making an NFA Firearm using the ATF Form 1, you can make a register an NFA Firearm in two ways. We will break each way down below.

Tax Stamp Cost: SBS, SBR, Silencer: $200.00.  AOW: $200.00 (Tax Stamp Cost: $5.00 only when using the ATF Form 4)


Making an NFA Firearm from a Title 1 Firearm

You can make an NFA Firearm from a title 1 firearm that you currently own or plan on purchasing in the future. A title 1 firearm is a firearm that you can purchase over the counter at your local gun store and leave the same day with. The title 1 firearm doesn’t require you to have an approved tax stamp to own the firearm. You can use the ATF Form 1 to make your title 1 firearm a NFA Firearm (title 2 firearm). A common example of this would be adding a stock to your AR pistol. In this example you would be making an SBR from your title 1 firearm. Other examples of making an NFA Firearm from a title 1 firearm are: adding a folding stock to a firearm, adding a stock a pistol, using attachments like the CAA RONI that require a tax stamp.

Making an NFA Firearm:

You can make an NFA Firearm from scratch using the ATF Form 1. This is the easiest to explain method of making an NFA Firearm. When you are making your own NFA Firearm, you will be starting with parts that haven’t been engraved by an OEM. Meaning, you can make your own silencer using the ATF Form 1 by using a solvent trap kit that can be found online, or from scratch. In both cases, there are no current engravings from an OEM on the silencer tube. You as the maker will be required to engrave the NFA Firearm.


ATF Form 1 Application Process

When applying for a tax stamp to either make an NFA Firearm from a title 1 firearm, or physically make an NFA Firearm, you will have the option to apply in two ways. You can apply as an individual or you can apply using a gun trust, corporation or other legal entity. The two different methods of application require different paperwork. We will discuss the required paperwork for each applicant type below.

Individual Applicant Required Paperwork:

  • ATF 5320.1 Application to Make and Register a Firearm
  • 2 - Completed FD-258 Fingerprint Cards
  • 2 - Passport Photos (will be affixed to ATF Form 1)

Gun Trust, Corporation or Other Legal Entity Applicant Required Paperwork:

  • ATF 5320.1 Application to Make and Register a Firearm
  • ATF 5320.23 for each responsible person named within the gun trust, corporation or other legal entity.
  • 2 - Completed FD-258 Fingerprint Cards for each responsible person named within the gun trust, corporation or other legal entity.
  • 1 - Passport Photo for each responsible person named within the gun trust, corporation or other legal entity (will be affixed to the ATF 5320.23)
  • Copy of your notarized gun trust, corporation or other legal entity paperwork.

Application Process Resources

Methods of Application:

There are two different ways to apply for the ATF Form 1 tax stamp. You can apply using the paper ATF Form or by using the ATF’s eForm’s website. We will discuss the two application methods below.

ATF Form 1 Paper Application

How the Form is Submitted

The ATF Form 1 application will be mailed to the ATF with the necessary application paperwork based on the applicant type, as described above. ATF’s mailing address is below:

National Firearms Act Branch
Bureau of Alcohol, Tobacco, Firearms and Explosives
P.O. Box 5015
Portland, Oregon 97208-5015

Wait Times Involved

The paper ATF Form 1 application is currently being approved anywhere from 6 to 11 months. The wait time can be shorter than that average and conversely can extend past the 11 months, as well.

How the Approved Tax Stamp is Mailed

The approved ATF Form 1 tax stamp will be mailed to the applicants address in box 3b of the ATF Form 1.


ATF eForm 1 Application

How the Form is Submitted

The ATF eForm 1 application and the necessary application paperwork based on the applicant type, as described above will be uploaded to the ATF’s eForm website. Note: The 2 completed fingerprint cards for the applicant or responsible persons will be mailed to the ATF.

Wait Times Involved

The paper ATF eForm 1 application is currently being approved on average of 32 days for NFA Firearms that aren’t a silencer. If you are making your own silencer, you will have to wait for the ATF to verify your application, more commonly known as the pending research phase. This step can take a few days to 6+ weeks. After your application has moved from the pending research phase to the submitted phase, applications are approved on average of 32 days. The wait time can be shorter than that average and conversely can extend past the average approval times, as well.

How the Approved Tax Stamp is Mailed

The approved ATF eForm 1 tax stamp will be emailed to the applicants email address that is used on the applicants eForm 1 user account. You will not get a mailed tax stamp from the ATF with the ATF eForm 1 application.


Walk-Through Guide Resources


Common NFA Firearms that are used in the ATF 5320.1 Form

Short-Barreled Rifles - SBR:

Tax Stamp Cost: $200.00

To manufacture a short-barreled rifle or to register a short-barreled rifle the end user will need to use the ATF 5320.1 paperwork. You can manufacture a short-barreled rifle in many ways. The most common include adding a complete upper that contains a barrel length less than the legally allowed 16" length, or changing out the legal 16" barrel with a shorter barrel. Note: the legal length of barrel is 16", if you have an upper with a 14" barrel or 10.5" barrel and you pin and weld a silencer to that barrel and the length meets or exceeds 16" then the firearm is not considered to be an SBR. If you purchase a already built SBR, you will still be required to us the ATF 5320.1 form to apply for your tax stamp, even though you aren't "making" or "manufacturing" the SBR yourself.


Short-Barreled Shotgun - SBS:

Tax Stamp Cost: $200.00

To manufacture a short-barreled shotgun or to register a short-barreled shotgun the end user will need to use the ATF 5320.1 paperwork. A short-barreled shotgun is a shotgun with a stock that has a barrel length of less than 18". If you purchase a already built SBS, you will still be required to us the ATF 5320.1 form to apply for your tax stamp, even though you aren't "making" or "manufacturing" the SBS yourself.


Silencers:

Tax Stamp Cost: $200.00

To manufacture a silencer from scratch using your own designs, you will need to apply with the ATF 5320.1. In order to manufacture a silencer you will still need to supply the ATF with the overall length, caliber, model number and a serial number in order to apply for a ATF Form 1 tax stamp. The model number and serial number can be of your choosing, but the serial number must be engraved on the silencer that you manufacture. Note: Silencers that are applied for and manufactured need to be made without expecting to sell them. If you plan on selling the manufactured silencers that you make, you will need to apply for an FFL license that allows you to do that.


Any Other Weapon - AOW:

Tax Stamp Cost: $200.00 (Tax Stamp Cost: $5.00 only when using the ATF Form 4)

Any other weapon that wasn't described above would fall into this category. Any other weapon is defined by the ATF as:

For the purposes of the National Firearms Act, the term “Any Other Weapon” means:

  • Any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive;
  • A pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell;
  • Weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading; and
  • Any such weapon which may be readily restored to fire.
  • Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.

Original Content Created for Thin Line Weapons Wiki by - NationalGunTrusts.com - October, 2020.

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