Our friends at Silencer Shop are reminding everyone that in three weeks (April 26, 2023) they plan to stop taking new orders for tax-exempt ATF Form 1 applications. ATF’s deadline to submit all tax-exempt Form 1s is May 31, 2023 but, based on high demand, Silencer Shop expects to stop taking orders by end-of-day on April 26 to ensure all customers have time to complete their submission by ATF’s cutoff.  As a friendly reminder, both TFB & Silencer Shop don’t make the rules or laws, but we want to help you stay informed so you can make the best decision for your situation.

More @ TFB:

• ATF FINAL RULE: Factoring Criteria For Firearms With Stabilizing Braces
• ATF: Factoring Criteria for Firearms with Attached Stabilizing Braces
• Possible ATF Rulemaking: Pistol Braces Require NFA Registration Or Destruction

REMINDER: Tax Exempt ATF Form 1 Application Deadline Approaches

I will attempt to summarize, in layman’s terms, the past 100 years in terms of pistols, braces, and rifles.

• 1776 to 1933 – Firearm barrel lengths are basically inconsequential in the eyes of U.S. law.
• 1934 – Firearms classified as rifles must have a minimum barrel length of 16″, or be registered as a National Firearms Act (NFA) weapon. Pistols can have barrels shorter than 16″.
• 2012 – SB Tactical designs and patents a stabilizing brace that can have the appearance of a stock, but in actuality functions as a stabilizing device to shoot large pistols with one hand. ATF approves.
• 2014 – ATF states that shouldering a firearm equipped with a stabilizing brace does not reclassify it as an NFA weapon.
• 2023 – ATF releases a 100+ page final rule which essentially states that any firearm with a barrel length less than 16″ and a brace device or stock is an NFA weapon. Owners of previously purchased braced firearms must register them as NFA weapons, but ATF has allowed for a tax forbearance, basically allowing for a tax-exempt tax stamp for a short barrel rifle.

There are additional moments in firearm history that I could have added, but in the essence of time and frustration, those are the highlights.

Due to popular demand and to ensure all forbearance applications are successfully submitted prior to the ATF’s May 31, 2023 deadline, the last day to start a tax exempt ATF Form 1 through Silencer Shop will be April 26, 2023. No new tax exempt Form 1 services will be offered after this date.

Click here to file an ATF eForm 1 application using Silencer Shop

ATF Form 1 Service Powered By Silencer Shop is the easiest way to electronically apply for a short barrel rifle (SBR), or a short barrel shotgun with the ATF. Using our kiosk and browser tool, you’ll be able to rapidly navigate and upload your information without the hassles of printing, retrieving, or mailing fingerprints or photos to the ATF. This process is faster and easier than the current paper process and works seamlessly for the current ATF Pistol Brace Rule regarding stabilizing braces.  This service is compliant with the current tax-exempt forbearance filing. If you have any questions regarding this forbearance, please review our FAQ page. 

As part of Silencer Shop’s commitment to the Second Amendment, 10% of every Form 1 Service purchase will be donated to FRAC and 2AF.  Silencer Shop is a longtime supporter of 2A organizations, and these groups are leading the charge with multiple lawsuits to fight back against ATF overreach, and Silencer Shop stands with you in the fight to protect our second amendment rights.

What is included in our Form 1 Service:

• Fingerprint Submission Service
• Passport Style Photo
• Trust Optimization Service
• A Quality Assurance Check by a Silencer Shop Compliance Specialist

*You may be asking yourself what is ATF Form 1?  The ATF Form 1 is used to convert a rifle (16” or greater barrel) to a short-barreled rifle (SBR) allowing you to use a barrel length shorter than 16”. An eForm 1 can also be used to create short-barreled shotguns (SBS).

For all Form 1 transfers, please verify that SBRs are legal in your state.  Submitting a Form 1 for an SBR in one of the following states will most likely lead to disapproval: NJ, NY, CA, RI, HI, MD (if OAL is less than 29″), DE (Wilmington only), and DC.