What is the ATF 5320.1 Application to Make and Register a Firearm?

What is the ATF 5320.1 Application to Make and Register a Firearm? 

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.

Tax Stamp Cost: SBS, SBR, Silencer: $200.00.  AOW: $200.00

ATF Form Walk-Through Guide: ATF 5320.1 Walk-Through Guide

ATF Form 1 Automated Generator:  ATF 5320.1 ATF Form 1 Paperwork Generator

Other Forms Required:

Individual Filing - None.

NFA Gun Trust and Legal Entity Filing require ATF 5320.23 Responsible Persons Questionnaire.  

Personal Information Required:

Individual Filing - 2-FD-258 Fingerprint Cards and two passport photos.  Personal questions are answered on the ATF 5320.1.

NFA Gun Trust and Legal Entity Filing require 2- FD-258 Fingerprint Cards and one passport photo.  Personal questions are answered on the ATF 5320.23 Responsible Persons Questionnaire.

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 buttstock 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;
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• A pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell;
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• 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.

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Before you are able to make, manufacture or buy a NFA firearm that is described above you will need to apply for a NFA tax stamp using the ATF Form 1 - ATF 5320.1 Application to Make and Register a Firearm.  We have a ATF Form 1 - ATF 5320.1 walk-through guide that will aid you in filling out this form.  We also, offer ATF Form 1 - ATF 5320.1 consultation and review services.  This is to be used in conjunction with our NFA Gun Trusts or our walk-through guides. 

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Information located within this article is current as of July, 2018. Information located within this article is an original guide created by National Gun Trusts and not to be cited or used without the written permission of National Gun Trusts.