Some of you may have heard that in recent days nearly everyone who has submitted a Form 1 to build a suppressor has been flat out denied by the ATF. Rumors of a mass denial started to stir on popular firearms forums and other online platforms such as the NFA subreddit where many users have commented that they’ve all recently received form 1 denial specifically to build suppressors. Many of the people receiving these denied forms are also claiming that the reason field is exactly the same, thus leading many to believe that the ATF is denying any and all Form 1 submissions to build a suppressor.
More ATF News @ TFB:
- SILENCER SATURDAY #205: The New ATF eForms – Form 4 Included
- The Numbers: ATF 2021 Firearms Commerce In The United States
- The FRT-15 Story: An Interview with Rare Breed’s President Lawrence Demonico
Is the ATF Mass Disapproving Home-Made Form 1 Suppressors?
Many of you will remember that near the start of 2022, a lot of people who had purchased Form 1 suppressor kits from some companies might have received a letter from the ATF accusing them of acquiring or attempting to acquire parts or kits that the ATF has deemed suppressors. Now many people who have properly submitted Form 1 paperwork to build a suppressor are being denied and many are receiving the following reason for disapproval:
A SILENCER IS DEFINED UNDER FEDERAL LAW TO INCLUDE, IN RELEVANT PART, ANY COMBINATION OF PARTS, DESIGNED OR REDESIGNED, AND INTENDED FOR USE IN ASSEMBLING OR FABRICATING A FIREARM SILENCER OR FIREARM MUFFLER, AND ANY PART INTENDED ONLY FOR USE IN SUCH ASSEMBLY OR FABRICATION. SEE GUN CONTROL ACT (GCA) AT 18 U.S.C.921(A)(24) AND NATIONAL FIREARMS ACT (NFA) AT 26 U.S.C. 5845. PARTS THAT FALL UNDER THE DEFINITION OF SILENCER MUST COMPLY WITH THE REGISTRATION, TAX, AND TRANSFER PROVISIONS OF THE NFA. UPON REVIEW OF YOUR EFORM 1 APPLICATION, THE PART FROM WHICH YOU INTEND TO MAKE A SILENCER ALREADY MEETS THE NFAS DEFINITION OF SILENCER. THE PART WAS NOT REGISTERED NOR TRANSFERRED IN COMPLIANCE WITH THE NFA, THEREFORE, YOUR EFORM 1 APPLICATION TO MAKE A SILENCER IS DISAPPROVED. NFA DIVISION NOTES THAT IT IS UNLAWFUL FOR YOU TO POSSESS A SILENCER MADE OR TRANSFERRED IN VIOLATION OF THE NFA. 26 U.S.C. 5861(B)(C).
There are quite a few concerning assertions regarding these rejection letters. Chief among those assertions is that the ATF is automatically assuming that anyone applying for a Form 1 stamp for a suppressor has purchased a suppressor kit. However, several members who were planning on making their own suppressors completely from scratch have also received denial letters as well. Several people have also attempted to contact the ATF via their “Ask the Experts” helplines and have received no further information regarding the reason for their denials.
It seems that despite there being several different methods potentially used to manufacture these suppressors, the ATF is denying any and all submissions for the time being. While this is complete speculation, it could be that the ATF is attempting to wipe the slate clean in order to put their foot down in regards to solvent traps and Form 1 suppressor kits. Even if the ATF’s goal is to deny people the use of suppressor kits from places like Quiet Bore or Diversified Machine, it is still affecting those who are making their suppressors from scratch or from other non-suppressor components.
We’d like to hear your thoughts and experiences on this topic. Have you received a Form 1denial letter in the last couple of days? Unfortunately, at the time of writing, this just looks like yet another heavy-handed and perplexing move from the ATF.